[Federal Register Volume 85, Number 13 (Tuesday, January 21, 2020)]
[Notices]
[Pages 3448-3449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00803]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-87959; File No. SR-CBOE-2019-035]
Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Designation of Longer Period for Commission Action on Proceedings To
Determine Whether To Approve or Disapprove a Proposed Rule Change, as
Modified by Amendment Nos. 1 and 2, Regarding Off-Floor Position
Transfers
January 14, 2020.
On July 3, 2019, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe
Options'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend its rule relating to off-floor position
transfers. The proposed rule change was published for comment in the
Federal Register on July 23, 2019.\3\ On August 6, 2019, the Exchange
filed Amendment No. 1 to the proposed rule change.\4\ On September 4,
2019, the Commission extended the time period within which to either
approve the proposed rule change, disapprove the proposed rule change,
or institute proceedings to determine whether to approve or disapprove
the propose rule change, to October 21, 2019.\5\ On October 7, 2019,
the Exchange filed Amendment No. 2 to the proposed rule change.\6\ The
Commission received two
[[Page 3449]]
comment letters on the proposal.\7\ On October 21, 2019, the Commission
instituted proceedings to determine whether to approve or disapprove
the proposed rule changes (``OIP'').\8\ The Commission received two
additional comments in response to the Notice and OIP, including a
response from the Exchange.\9\
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 86400 (July 17,
2019), 84 FR 35438 (``Notice'').
\4\ In Amendment No. 1, the Exchange deleted from the proposed
rule change the proposal to permit off-floor risk-weighted asset
(``RWA'') transfers. The exchange subsequently refiled the RWA
transfer proposal as a separate proposed rule change filing in SR-
CBOE-2019-044. See Securities Exchange Release No. 87107 (September
25, 2019), 84 FR 52149 (October 1, 2019) (order approving proposed
rule change to adopt Cboe Rule 6.49B regarding off-floor RWA
transfers). When the Exchange filed Amendment No. 1 to CBOE-2019-
035, it also submitted the text of the amendment as a comment letter
to the filing, which the Commission made publicly available at
https://www.sec.gov/comments/sr-cboe-2019-035/srcboe2019035-5917170-189047.pdf.
\5\ See Securities Exchange Act Release No. 86861 (September 4,
2019), 84 FR 47627 (September 10, 2019).
\6\ In Amendment No. 2, the Exchange updated cross-references to
Cboe rules throughout the proposed rule change to reflect separate
amendments it made to its rulebook in connection with the Exchange's
technology migration, which it subsequently completed on October 7,
2019. When the Exchange filed Amendment No. 2 to CBOE-2019-035, it
also submitted the text of the amendment as a comment letter to the
filing, which the Commission made publicly available at https://www.sec.gov/comments/sr-cboe-2019-035/srcboe2019035-6258833-192955.pdf. The Commission notes that in addition to the cross-
references updated in Amendment No. 2, the Exchange relocated Rule
6.49A to Rule 6.7 in its post-migration rulebook and made conforming
changes to its proposed rule change to reflect that new rule number.
\7\ See Letter to Vanessa Countryman, Secretary, Commission,
dated September 24, 2019, from John Kinahan, Chief Executive
Officer, Group One Trading, L.P., available at https://www.sec.gov/comments/sr-cboe-2019-035/srcboe2019035-6193332-192497.pdf (``Group
One Letter'') and Letter to Brent J. Fields, Secretary, Commission,
dated August 19, 2019, from Gerald D. O'Connell, Compliance
Coordinator, Susquehanna International Group, LLP, available at
https://www.sec.gov/comments/sr-cboe-2019-035/srcboe2019035-5985436-190350.pdf (``SIG August 2019 Letter'').
\8\ See Securities Exchange Act Release No. 87374, 84 FR 57542
(October 25, 2019) (``OIP'').
\9\ See Letter to Vanessa Countryman, Secretary, Commission,
dated November 15, 2019, from Laura G. Dickman, Vice President,
Associate General Counsel, Cboe Exchange, Inc., available at https://www.sec.gov/comments/sr-cboe-2019-035/srcboe2019035-6434377-198588.pdf (``Cboe Response Letter'') and Letter to Vanessa
Countryman, Secretary, Commission, dated December 12, 2019, from
Gerald D. O'Connell, Compliance Coordinator, Susquehanna
International Group, LLP, available at https://www.sec.gov/comments/sr-cboe-2019-035/srcboe2019035-6535880-200548.pdf (``SIG December
2019 Letter'').
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Section 19(b)(2) of the Act \10\ provides that, after initiating
proceedings, the Commission shall issue an order approving or
disapproving the proposed rule change not later than 180 days after the
date of publication of notice of filing of the proposed rule change.
The Commission may extend the period for issuing an order approving or
disapproving the proposed rule change, however, by not more than 60
days if the Commission determines that a longer period is appropriate
and publishes the reasons for such determination. The proposed rule
change was published for notice and comment in the Federal Register on
July 23, 2019.\11\ January 19, 2020 is 180 days from that date, and
March 19, 2020 is 240 days from that date.
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\10\ 15 U.S.C. 78s(b)(2).
\11\ See Notice, supra note 3.
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The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change so that it has sufficient time to consider the proposed
rule change, the issues raised in the comment letters that have been
submitted in connection therewith, and the Exchange's response to
comments. Accordingly, the Commission, pursuant to Section 19(b)(2) of
the Act,\12\ designates March 19, 2020 as the date by which the
Commission should either approve or disapprove the proposed rule change
(File No. SR-CBOE-2019-035).
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\12\ 15 U.S.C. 78s(b)(2).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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\13\ 17 CFR 200.30-3(a)(57).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-00803 Filed 1-17-20; 8:45 am]
BILLING CODE 8011-01-P