Notice2023-27262
Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt a Low Priced Stock Strike Price Interval Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 13, 2023
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 88 Issue 238 (Wednesday, December 13, 2023)</title>
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[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Notices]
[Pages 86413-86417]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27262]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-99113; File No. SR-CBOE-2023-065]
Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt a
Low Priced Stock Strike Price Interval Program
December 7, 2023.
Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 4, 2023, Cboe Exchange, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I and II below, which Items have been
prepared by the Exchange. The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(iii).
\4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to adopt a Low Priced Stock Strike Price Interval Program. The text of
the proposed rule change is provided in Exhibit 5.
The text of the proposed rule change is also available on the
Exchange's website (<a href="http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx">http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx</a>), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend Rule 4.5. Miami International
Securities Exchange, LLC (``MIAX'') recently received approval to amend
its Rule 404 to implement a new strike interval program for stocks that
are priced less than $2.50 and have an average daily trading volume of
at least 1,000,000 shares per day for the 3 preceding calendar
months.\5\ At this time, the Exchange proposes to adopt rules
substantively identical to MIAX in proposed Rule 4.5, Interpretation
and Policy .20 and amend Rule 4.5(d) to harmonize the table within that
Rule to the proposed rule text.
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\5\ See Securities Exchange Act Release No. 98917 (November 13,
2023), 88 FR 80361 (November 17, 2023) (SR-MIAX-2023-36) (Order
Approving a Proposed Rule Change To Amend Exchange Rule 404, Series
of Option Contracts Open for Trading).
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Currently, Rule 4.5 describes the process and procedures for
listing and trading series of options on the Exchange. Rule 4.5,
Interpretation and Policy .04 provides for a $2.50 Strike Price
Program, where the Exchange may select up to 60 option classes on
individual stocks for which the interval of strike prices will be $2.50
where the strike price is greater than $25 but less than $50.\6\ Rule
4.5, Interpretation and Policy .01 also provides for a $1 Strike Price
Interval Program, where the interval between strike prices of series of
options on individual stocks may be $1.00 or greater provided the
strike price is $50.00 or less, but not less than $1.00.\7\
Additionally, Rule 4.5, Interpretation and Policy .01 provides for a
``$0.50 Strike Program.'' The interval of strike prices of series of
options on individual stocks may be $0.50 or greater beginning at $0.50
where the strike price is $5.50 or less, but only for options classes
whose underlying security closed at or below $5.00 in its primary
market on the previous trading day and which have national average
daily volume that
[[Page 86414]]
equals or exceeds 1,000 contracts per day as determined by The Options
Clearing Corporation (``OCC'') during the preceding three calendar
months. The listing of $0.50 strike prices is limited to options
classes overlying no more than 20 individual stocks as specifically
designated by the Exchange. The Exchange may list $0.50 strike prices
on any other option classes if those classes are specifically
designated by other securities exchanges that employ a similar $0.50
Strike Program under their respective rules. A stock shall remain in
the $0.50 Strike Program until otherwise designated by the Exchange.\8\
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\6\ See Rule 4.5, Interpretation and Policy .04.
\7\ See Rule 4.5, Interpretation and Policy .01(a)(1).
\8\ See Rule 4.5, Interpretation and Policy .01(b).
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The Exchange proposes to adopt a new strike interval program for
stocks that are not in the aforementioned $0.50 Strike Program (or the
Short Term Option Series Program) \9\ and that close below $2.50 and
have an average daily trading volume of at least 1,000,000 shares per
day for the three preceding calendar months. The $0.50 Strike Program
considers stocks that have a closing price at or below $5.00 whereas
the Exchange's proposal will consider stocks that have a closing price
below $2.50. Currently, there is a subset of stocks that are not
included in the $0.50 Strike Program as a result of the limitations of
that program which provides that the listing of $0.50 strike prices is
limited to option classes overlying no more than 20 individual stocks
as specifically designated by the Exchange and requires a national
average daily volume that equals or exceeds 1,000 contracts per day as
determined by OCC during the preceding three calendar months.\10\
Therefore, the Exchange is proposing to implement a new strike interval
program termed the ``Low Priced Stock Strike Price Interval Program.''
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\9\ Rule 4.5(d).
\10\ See Rule 4.5, Interpretation and Policy .01(b).
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To be eligible for the inclusion in the Low Priced Stock Strike
Price Interval Program, an underlying stock must (1) close below $2.50
in its primary market on the previous trading day; and (2) have an
average daily trading volume of at least 1,000,000 shares per day for
the three preceding calendar months. The Exchange notes that there is
no limit to the number of classes that will be eligible for inclusion
in the proposed program, provided, of course, that the underlying
stocks satisfy both the price and average daily trading volume
requirements of the proposed program.
The Exchange also proposes that after a stock is added to the Low
Priced Stock Strike Price Interval Program, the Exchange may list $0.50
strike price intervals from $0.50 up to $2.00.\11\ For the purpose of
adding strikes under the Low Priced Stock Strike Price Interval
Program, the ``price of the underlying stock'' is measured in the same
way as ``the price of the underlying security'' is measured as set
forth in the Options Listing Procedures Plan (``OLPP'') as reflected in
Rule 4.7.\12\ Further, no additional series in $0.50 intervals may be
listed if the underlying stock closes at or above $2.50 in its primary
market. Additional series in $0.50 intervals may not be added until the
underlying stock again closes below $2.50.
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\11\ While the Exchange may list new strikes on underlying
stocks that meet the eligibility requirements of the new program,
the Exchange will exercise its discretion and will not list strikes
on underlying stocks the Exchange believes are subject to imminent
delisting from their primary exchange.
\12\ The Exchange notes this is the same methodology used in the
$1 Strike Price Interval Program. See Rule 4.5, Interpretation and
Policy .01(a)(1).
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The Exchange's proposal addresses a gap in strike coverage for low
priced stocks. The $0.50 Strike Program considers stocks that close
below $5.00 and limits the number of option classes listed to no more
than 20 individual stocks (provided that the open interest criteria is
also satisfied). Whereas, the Exchange's proposal has a narrower focus,
with respect to the underlying's stock price, and is targeted on those
stocks that close below $2.50 and does not limit the number of stocks
that may participate in the program (provided that the average daily
trading volume is also satisfied). The Exchange does not believe that
any market disruptions will be encountered with the addition of these
new strikes. The Exchange represents that it has the necessary capacity
and surveillance programs in place to support and properly monitor
trading in the proposed Low Priced Stock Strike Price Interval Program.
The Exchange believes that the program's average daily trading
volume requirement of 1,000,000 shares is a reasonable threshold to
ensure adequate liquidity in eligible underlying stocks as it is
substantially greater than the thresholds used for listing options on
equities, American Depository Receipts (``ADRs''), and broad-based
indexes. Specifically, underlying securities with respect to which put
or call option contracts are approved for listing and trading on the
Exchange must meet certain criteria as determined by the Exchange. One
of those requirements is that trading volume (in all markets in which
the underlying security is traded) has been at least 2,400,000 shares
in the preceding 12 months.\13\ Rule 4.3, Interpretation and Policy .03
provides the criteria for listing options on ADRs if they meet certain
criteria and guidelines set forth in Rule 4.3. One of the requirements
is that the average daily trading volume for the security in the U.S.
markets over the three months preceding the selection of the ADR for
options trading is 100,000 or more shares.\14\ Finally, the Exchange
may trade options on a broad-based index pursuant to Rule 19b-4(e) of
the Securities Exchange Act of 1934 (the ``Act'') provided a number of
conditions are satisfied. One of those conditions is that each
component security that accounts for at least 1% of the weight of the
index has an average daily trading volume of at least 90,000 shares
during the last six-month period.\15\
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\13\ See Rule 4.3, Interpretation and Policy .01(b)(1).
\14\ See Rule 4.3, Interpretation and Policy .03(c)(2).
\15\ See Rule 4.10(f)(7).
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Additionally, the Exchange proposes to amend the table in Rule
4.5(d) to insert a new column to harmonize the Exchange's proposal to
the strike intervals for Short Term Options Series as described in Rule
4.5(d). The table in Rule 4.5(d)(6) is intended to limit the intervals
between strikes for multiply listed equity options within the Short
Term Options Series program that have an expiration date more than
twenty-one days from the listing date. Specifically, the table defines
the applicable strike intervals for options on underlying stocks given
the closing price on the primary market on the last day of the calendar
quarter, and a corresponding average daily volume of the total number
of options contracts traded in a given security for the applicable
calendar quarter divided by the number of trading days in the
applicable calendar quarter.\16\ However, the lowest share price column
is titled ``less than $25.'' The Exchange now proposes to insert a
column titled ``Less than $2.50'' and to set the strike interval at
$0.50 for each average daily volume tier represented in the table.
Also, the Exchange proposes to amend the heading of the column
currently titled ``Less than $25,'' to ``$2.50 to less than $25'' as a
result of the adoption of the new proposed column, ``Less than $2.50.''
The Exchange believes this
[[Page 86415]]
change will remove any potential conflict between the strike intervals
under the Short Term Options Series Program and those described herein
under the Exchange's proposal.
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\16\ See Securities Exchange Release Act No. 91456 (April 1,
2021), 86 FR 18090 (April 7, 2021) (SR-Cboe-2021-019) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Rule 4.5 (Series of Option Contracts Open for Trading) in
Connection With Limiting the Number of Strikes Listed for Short Term
Option Series Which Are Available for Quoting and Trading on the
Exchange).
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The Exchange recognizes that its proposal will introduce new
strikes in the marketplace and further acknowledges that there has been
significant effort to curb strike proliferation. For example, the
Exchange filed a proposal focused on the removal, and prevention of the
listing, of strikes which are extraneous and do not add value to the
marketplace (the ``Strike Interval Proposal'').\17\ The Strike Interval
Proposal was intended to remove repetitive and unnecessary strike
listings across the weekly expiries. Specifically, the Strike Interval
Proposal aimed to reduce the density of strike intervals that would be
listed in the later weeks, by creating limitations for intervals
between strikes which have an expiration date more than twenty-one days
from the listing date.\18\ The Strike Interval Proposal took into
account OCC customer-cleared volume, using it as an appropriate proxy
for demand. The Strike Interval Proposal was designed to maintain
strikes where there was customer demand and eliminate strikes where
there was not demand. At the time of its proposal, the Exchange
estimated that the Strike Interval Proposal would reduce the number of
listed strikes in the options market by approximately 81,000
strikes.\19\ The Exchange proposes to amend the table to define the
strike interval at $0.50 for underlying stocks with a share price of
less than $2.50. The Exchange believes this amendment will harmonize
the Exchange's proposal with the Strike Interval Proposal described
above.
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\17\ Id.
\18\ Id.
\19\ Id.
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The Exchange recognizes that its proposal will moderately increase
the total number of option series available on the Exchange. However,
the Exchange's proposal is designed to only add strikes where there is
investor demand \20\ which will improve market quality. Under the
requirements for the Low Priced Stock Strike Price Interval Program as
described herein, the Exchange determined that as of August 9, 2023,
106 symbols met the proposed criteria. Of those symbols, the Exchange
notes that 36 were in the $1 Strike Price Interval Program with $1.00
and $2.00 strikes listed. Under the Exchange's proposal, the $0.50 and
$1.50 strikes for these symbols would be added for the current
expiration terms. The remaining 70 symbols eligible under the proposal
would have $0.50, $1.00, $1.50 and $2.00 strikes added to their current
expiration terms. Therefore, the Exchange note that for the 106 symbols
eligible for the Low Priced Stock Strike Price Interval Program, a
total of approximately 3,250 options would be added. As of August 9,
2023, the Exchange listed 1,106,550 options, and therefore, the
additional options that would be listed under this proposal would
represent a relatively minor increase of 0.294% in the number of
options listed.
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\20\ See proposed Rule 4.5, Interpretation and Policy .20(a),
which requires that an underlying stock must (1) close below $2.50
in its primary market on the previous trading day; and (2) have an
average daily trading volume of at least 1,000,000 shares per day
for the three preceding calendar months.
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The Exchange does not believe that its proposal contravenes any
previous efforts to curtail unnecessary strikes. The Exchange's
proposal is targeted to only underlying stocks that close at less than
$2.50 and that also meet the average daily trading volume requirement.
Additionally, because the strike increment is $0.50 there are only a
total of four strikes that may be listed under the program ($0.50,
$1.00, $1.50, and $2.00) for an eligible underlying stock. Finally, if
an eligible underlying stock is in another program (e.g., the $0.50
Strike Program or the $1 Strike Price Interval Program) the number of
strikes that may be added is further reduced if there are pre-existing
strikes as part of another strike listing program. Therefore, the
Exchange does not believe that it will list any unnecessary or
repetitive strikes as part of its program, and that the strikes that
will be listed will improve market quality and satisfy investor demand.
The Exchange further believes that the Options Price Reporting
Authority (``OPRA''), has the necessary systems capacity to handle any
additional messaging traffic associated with this proposed rule change.
The Exchange also believes that Trading Permit Holders (``TPHs'') will
not have a capacity issue as a result of the proposed rule change.
Finally, the Exchange believes that the additional options will serve
to increase liquidity, provide additional trading and hedging
opportunities for all market participants, and improve market quality.
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of section 6(b) of the
Act.\21\ Specifically, the Exchange believes the proposed rule change
is consistent with the section 6(b)(5) \22\ requirements that the rules
of an exchange be designed to prevent fraudulent and manipulative acts
and practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the section 6(b)(5) \23\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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\21\ 15 U.S.C. 78f(b).
\22\ 15 U.S.C. 78f(b)(5).
\23\ Id.
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In particular, the Exchange believes its proposal promotes just and
equitable principles of trade and removes impediments to and perfects
the mechanisms of a free and open market and a national market system
as the Exchange has identified a subset of stocks that are trading
under $2.50 and do not have meaningful strikes available. For example,
on August 9, 2023, symbol SOND closed at $0.50 and had open interest of
over 44,000 contracts and an average daily trading volume in the
underlying stock of over 1,900,000 shares for the three preceding
calendar months.\24\ Currently the lowest strike listed is for $2.50,
making the lowest strike 400% away from the closing stock price.
Another symbol, CTXR, closed at $0.92 on August 9, 2023, and had open
interest of 63,000 contracts and an average daily trading volume in the
underlying stock of over 1,900,000 shares for the three preceding
calendar months.\25\ Similarly, the lowest strike listed is for $2.50,
making the lowest strike more than 170% away from the closing stock
price. Currently, such products have no at-the-money options, as well
as no in-the-money calls or out-of-the-money puts. The Exchange's
proposal will provide additional strikes in $0.50 increments from $0.50
up to $2.00 to provide more meaningful trading and hedging
opportunities for this subset of stocks. Given the increased
granularity of strikes as proposed under the
[[Page 86416]]
Exchange's proposal out-of-the-money puts and in-the-money calls will
be created. The Exchange believes this will allow market participants
to tailor their investment and hedging needs more effectively.
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\24\ See Yahoo! Finance, <a href="https://finance.yahoo.com/quote/SOND/history?p=SOND">https://finance.yahoo.com/quote/SOND/history?p=SOND</a> (last visited August 10, 2023).
\25\ Id.
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The Exchange believes its proposal promotes just and equitable
principles of trade and removes impediments to and perfects the
mechanisms of a free and open market and a national market system and,
in general, protects investors and the public interest by adding
strikes that improves market quality and satisfies investor demand. The
Exchange does not believe that the number of strikes that will be added
under the program will negatively impact the market. Additionally, the
proposal does not run counter to any previous efforts to curb strike
proliferation as those efforts focused on the removal and prevention of
extraneous strikes where there was no investor demand. The Exchange's
proposal requires the satisfaction of an average daily trading volume
threshold in addition to the underlying stock closing at a price below
$2.50 to be eligible for the program. The Exchange believes that the
average daily trading volume threshold of the program ensures that only
strikes with investor demand will be listed and fills a gap in strike
interval coverage as described above. Further, being that the strike
interval is $0.50, there are only a maximum of four strikes that may be
added ($0.50, $1.00, $1.50, and $2.00). Therefore, the Exchange does
not believe that its proposal will undermine any previous efforts to
eliminate repetitive and unnecessary strikes in any fashion.
The Exchange believes that the proposed program's average daily
trading volume threshold promotes just and equitable principles of
trade and removes impediments to and perfects the mechanisms of a free
and open market and a national market system and, in general, protects
investors and the public interest as it is designed to permit only
those stocks with demonstrably high levels of trading activity to
participate in the program. The Exchange notes that the proposed
program's average daily trading volume requirement is substantially
greater than the average daily trading requirement currently in place
on the Exchange for options on equity underlyings,\26\ ADRs,\27\ and
broad-based indexes.\28\
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\26\ See supra note 13.
\27\ See supra note 14.
\28\ See supra note 15.
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The Exchange also believes the proposed rule change is consistent
with section 6(b)(1) of the Act,\29\ which provides that the Exchange
be organized and have the capacity to be able to carry out the purposes
of the Act and to enforce compliance by the Exchange's TPHs and persons
associated with its TPHs with the Act, the rules and regulations
thereunder, and the rules of the Exchange. The proposed rule change
allows the Exchange to respond to customer demand to provide meaningful
strikes for low priced stocks. The Exchange does not believe that the
proposed rule would create any capacity issue or negatively affect
market functionality. Additionally, the Exchange represents that it has
the necessary systems capacity to support the new options series and
handle additional messaging traffic associated with this proposed rule
change. The Exchange also believes that its TPHs will not experience
any capacity issues as a result of this proposal. In addition, the
Exchange represents that it believes that additional strikes for low
priced stocks will serve to increase liquidity available as well as
improve price efficiency by providing more trading opportunities for
all market participants. The Exchange believes that the proposed rule
change will benefit investors by giving them increased opportunities to
execute their investment and hedging decisions.
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\29\ 15 U.S.C. 78f(b)(1).
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Finally, the Exchange believes its proposal is designed to prevent
fraudulent and manipulative acts and practices as options may only be
listed on underlyings that satisfy the listing requirements of the
Exchange as described in 4.3. Specifically, Rule 4.3(a) requires that
underlying securities for which put or call option contracts are
approved for listing and trading on the Exchange must meet the
following criteria: (1) the security must be duly registered (with the
Commission) and be an ``NMS stock'' (as defined in Rule 600 of
Regulation NMS under the Act); (2) the security shall be characterized
by a substantial number of outstanding shares that are widely held and
actively traded. Additionally, Rule 4.3, Interpretation and Policy
.01(a) provides that absent exceptional circumstances, an underlying
security will not be selected for options transactions unless: (1)
there are a minimum of 7,000,000 shares of the underlying security
which are owned by persons other than those required to report their
stock holdings under section 16(a) of the Act; (2) there are a minimum
of 2,000 holders of the underlying security; (3) the issuer is in
compliance with any applicable requirements of the Act; and (4) trading
volume (in all markets in which the underlying security is traded) has
been at least 2,400,000 shares in the preceding 12 months. The
Exchange's proposal does not impact the eligibility of an underlying
stock to have options listed on it, but rather addresses only the
listing of new additional option classes on an underlying listed on the
Exchange in accordance with the Exchange's listings rules. As such, the
Exchange believes that the listing requirements described in Rule 4.3
address potential concerns regarding possible manipulation.
Additionally, in conjunction with the proposed average daily volume
requirement described herein, the Exchange believes any possible market
manipulation is further mitigated.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe that its proposed rule change will impose any burden on
intramarket competition as the Rules of the Exchange apply equally to
all TPHs and all TPHs may trade the new proposed strikes if they so
choose. Specifically, the Exchange believes that investors and market
participants will significantly benefit from the availability of finer
strike price intervals for stocks priced below $2.50, which will allow
them to tailor their investment and hedging needs more effectively. The
Exchange's proposal is substantively identical to MIAX Interpretations
and Policies .11 and .12 to Rule 404.
The Exchange does not believe that its proposed rule change will
impose any burden on intermarket competition, as nothing prevents other
options exchanges from proposing similar rules to list and trade
options on low priced stocks. Rather the Exchange believes that its
proposal will promote intermarket competition, as the Exchange's
proposal will result in additional opportunities for investors to
achieve their investment and trading objectives, to the benefit of
investors, market participants, and the marketplace in general.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange neither solicited nor received comments on the
proposed rule change.
[[Page 86417]]
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Pursuant to section 19(b)(3)(A) of the Act \30\ and Rule 19b-
4(f)(6) \31\ thereunder, the Exchange has designated this proposal as
one that effects a change that: (i) does not significantly affect the
protection of investors or the public interest; (ii) does not impose
any significant burden on competition; and (iii) by its terms, does not
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest.\32\
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\30\ 15 U.S.C. 78s(b)(3)(A).
\31\ 17 CFR 240.19b-4(f)(6).
\32\ In addition, Rule 19b-4(f)(6) requires a self-regulatory
organization to give the Commission written notice of its intent to
file the proposed rule change at least five business days prior to
the date of filing of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange has satisfied this
requirement.
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A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act normally does not become operative for 30 days after the date of
its filing. However, Rule 19b-4(f)(6)(iii) \33\ permits the Commission
to designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange requested
that the Commission waive the 30-day operative delay so that the
proposal may become operative immediately upon filing. The Commission
notes it has approved a proposed rule change substantially identical to
the one proposed by the Exchange.\34\ The proposed change raises no
novel legal or regulatory issues. Therefore, the Commission believes
that waiver of the 30-day operative delay is consistent with the
protection of investors and the public interest. Accordingly, the
Commission hereby waives the 30-day operative delay and designates the
proposed rule change operative upon filing.\35\
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\33\ 17 CFR 240.19b-4(f)(6)(iii).
\34\ See supra note 5.
\35\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
<bullet> Use the Commission's internet comment form (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#2e5c5b424b034d4143434b405a5d6e5d4b4d00494158"><span class="__cf_email__" data-cfemail="790b0c151c541a1614141c170d0a390a1c1a571e160f">[email protected]</span></a>. Please include
file number
SR-CBOE-2023-065 on the subject line.
Paper Comments
<bullet> Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to file number SR-CBOE-2023-065. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-CBOE-2023-065 and should be
submitted on or before January 3, 2024.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\36\
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\36\ 17 CFR 200.30-3(a)(12), (59).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-27262 Filed 12-12-23; 8:45 am]
BILLING CODE 8011-01-P
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</html>Indexed from Federal Register on December 13, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.