Notice2026-07818

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing of a Proposed Rule Change To Amend Rule 4.21 (Series of FLEX Options)

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Published
April 22, 2026

Issuing agencies

Securities and Exchange Commission

Full Text

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<title>Federal Register, Volume 91 Issue 77 (Wednesday, April 22, 2026)</title>
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[Federal Register Volume 91, Number 77 (Wednesday, April 22, 2026)]
[Notices]
[Pages 21557-21561]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07818]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-105277; File No. SR-CBOE-2026-035]


Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of 
Filing of a Proposed Rule Change To Amend Rule 4.21 (Series of FLEX 
Options)

April 20, 2026.
    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 April 9, 2026, Cboe Exchange, Inc. (``Exchange'' or ``Cboe 
Options'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    Cboe Exchange, Inc. (``Cboe'' or the ``Exchange'') is filing with 
the Securities and Exchange Commission (``Commission'' or ``SEC'') a 
proposed rule change to amend Rule 4.21 (Series of FLEX Options). The 
proposed amendment relates to Flexible Exchange (``FLEX'') Equity 
Options where the underlying security is an exchange-traded fund 
(``ETF'') that is eligible for cash settlement. Specifically, the 
proposed amendments would: (1) permit newly FLEX-eligible ETFs that 
satisfy the requirements of Rule 4.21(b)(5)(A)(ii) based on the 
previous one-month period of trading statistics to be eligible for cash 
settlement as a contract term; (2) establish tiered criteria governing 
the treatment of cash-settled FLEX ETF Options where the underlying ETF 
ceases to satisfy the requirements of Rule 4.21(b)(5)(A)(ii) at the 
time of the Exchange's bi-annual review; and (3) eliminate the existing 
provision limiting cash settlement as a contract term to no more than 
50 underlying ETFs. The text of the proposed rule change is provided in 
Exhibit 5.
    The text of the proposed rule change is also available on the 
Commission's website (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>), the 
Exchange's website (<a href="https://www.cboe.com/us/options/regulation/rule_filings/bzx/">https://www.cboe.com/us/options/regulation/rule_filings/bzx/</a>), and at the principal office of the Exchange.

[[Page 21558]]

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 4.21 (Series of FLEX Options), 
as it relates to FLEX Equity Options where the underlying security is 
an ETF that is eligible for cash settlement. Specifically, the proposed 
amendments would: (1) permit newly FLEX-eligible ETFs that satisfy the 
requirements of Rule 4.21(b)(5)(A)(ii) based on the previous one-month 
period of trading statistics to be eligible for cash settlement as a 
contract term; (2) establish tiered criteria governing the treatment of 
cash-settled FLEX ETF Options where the underlying ETF ceases to 
satisfy the requirements of Rule 4.21(b)(5)(A)(ii) at the time of the 
Exchange's bi-annual review; and (3) eliminate the existing provision 
limiting cash settlement as a contract term to no more than 50 
underlying ETFs.
Background
    Prior to the adoption of the rules described herein, FLEX Equity 
Options were generally required to be settled by physical delivery of 
the underlying security upon exercise. FLEX Index Options, by contrast, 
have long been settled by delivery in cash. Cash settlement was also 
available for customized equity options transacted in the over-the-
counter (``OTC'') market, where settlement restrictions do not apply. 
The absence of a cash-settled exchange-traded alternative for equity-
based FLEX Options created a gap between the exchange-traded and OTC 
markets that exchange-traded participants sought to bridge.
    On August 1, 2023, the Exchange submitted a filing with the 
Commission, which became immediately effective, adopting cash 
settlement as an optional contract term for certain FLEX Equity Options 
where the underlying security is an ETF.\3\ Specifically, Rule 
4.21(b)(5)(A)(ii) permits cash settlement for FLEX Equity Options where 
the underlying ETF has, measured over the prior six-month period, an 
average daily notional value of $500 million or more and a national 
average daily volume (``ADV'') of at least 4,680,000 shares.
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    \3\ See Securities Exchange Act No. 98044 (August 2, 2023) 88 FR 
53548 (August 8, 2023) (SR-CBOE-2023-036) (Notice of Filing and 
Immediate Effectiveness of a Proposed Rule Change To Allow Certain 
Flexible Exchange Equity Options To Be Cash Settled).
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    The Exchange adopted these specific thresholds to limit cash-
settled FLEX ETF Options to the most highly liquid and actively-traded 
ETFs, thereby mitigating concerns about susceptibility to manipulation 
at settlement. With respect to the notional value threshold, the 
Exchange determined that average daily notional value is an appropriate 
proxy for manipulation resistance because, as a general matter, the 
more expensive an underlying ETF's price, the less cost-effective 
manipulation becomes, and the more volume traded in an ETF, the more 
difficult manipulation of its price becomes. With respect to the ADV 
threshold, the Exchange determined that a requirement of 4,680,000 
shares per day is appropriate because it represents average trading in 
the underlying ETF of approximately 200 shares per second, a level of 
continuous trading activity that the Exchange believes meaningfully 
limits the ability to influence the ETF's price for purposes of 
establishing a settlement value. The Exchange acknowledged that no 
security is immune from all manipulation, but determined that the 
combination of these two requirements would appropriately limit cash 
settlement of FLEX ETF Options to underlying securities that are less 
susceptible to manipulation.
    Under this framework, the Exchange conducts a bi-annual review on 
January 1 and July 1 of each year to identify qualifying ETFs, with 
newly eligible ETFs permitted to list cash-settled FLEX options 
beginning on February 1 and August 1, respectively. The rule caps the 
number of eligible underlying ETFs at 50; if more than 50 ETFs satisfy 
the criteria, the Exchange selects the top 50 by highest ADV. This cap 
was designed to prevent the scope of cash-settled FLEX ETF Options from 
expanding considerably without a corresponding evaluation of whether 
the level of the requirements remains reasonable, while still providing 
flexibility to add ETFs given that the initial list of eligible ETFs 
numbered well below 50 at the time of adoption. In the event a 
previously eligible ETF fails to satisfy the criteria at the time of a 
bi-annual review, any new positions overlying that ETF must be 
physically settled and any existing open cash-settled positions may be 
traded only to close. This provision was designed to address how to 
wind down outstanding cash-settled positions in an ETF that no longer 
qualifies under the liquidity and volume criteria, thereby addressing 
manipulation concerns while still permitting market participants to 
exit existing positions.
    In connection with the adoption of this framework, the Exchange 
committed to conducting a five-year review of cash-settled FLEX ETF 
Option trading activity and furnishing the Commission with five annual 
reports. Pursuant to this commitment, the Exchange has submitted two 
annual monitoring reports to the Commission covering the periods of 
August 1, 2023 through July 31, 2024 and August 1, 2024 through July 
31, 2025, respectively. The reports assessed trading volume and open 
interest in cash-settled FLEX ETF options relative to physically 
settled options on the same underlying ETFs, market maker 
participation, position limit activity, and manipulation concerns. The 
Exchange had no recommendations for enhancements to the listing 
standards based on either review.
    In both review periods, neither the Exchange nor any affiliated 
Cboe securities exchange had an open investigation, inquiry, or 
enforcement matter relating to the manipulation of cash-settled FLEX 
ETF options or their underlying ETFs. Financial Industry Regulatory 
Authority (``FINRA''), acting as the Exchange's regulatory services 
provider for position limit surveillance, confirmed the same finding 
for both periods. While both reports note that certain regulatory 
matters arose during each period involving the applicable ETFs or 
related physically-settled options, the Exchange's surveillance and 
investigatory staff confirmed in each instance that the activity did 
not appear to relate to manipulation of an ETF for the purpose of 
benefiting a cash-settled FLEX ETF option position.
    Both review periods reflected broad and stable market maker 
participation across the eligible underlying ETFs. The highest levels 
of FLEX market maker participation were observed in SPY (9 to 12 per 
month), QQQ (6 to 10 per month), and IWM (3 to 15 per month). 
Participation in less actively traded eligible ETFs was more limited 
but consistent across both periods, reflecting a well-supported and 
liquid product across the eligible universe.

[[Page 21559]]

Proposal
    The Exchange proposes to amend Rule 4.21(b)(5)(A)(ii) to refine two 
aspects of the framework governing cash-settled FLEX ETF Options and to 
eliminate the 50-ETF cap. First, the Exchange proposes to permit newly 
FLEX-eligible ETFs to qualify for cash settlement as a contract term 
based on one month of trading statistics outside of the Exchange's 
regular bi-annual review cycle. Second, the Exchange proposes to 
replace the existing provision governing ETFs that cease to satisfy the 
eligibility criteria with a tiered framework that more precisely 
calibrates treatment to the actual state of open interest in cash-
settled FLEX ETF Options overlying the affected ETF. Third, the 
Exchange proposes to eliminate the existing cap limiting cash 
settlement as a contract term to no more than 50 underlying ETFs.
One-Month Lookback for Newly Eligible ETFs
    Under the current rule, the Exchange determines eligible underlying 
ETFs bi-annually, on January 1 and July 1 of each year, using six 
months of prior trading statistics, with newly eligible ETFs permitted 
to list cash-settled FLEX options beginning on February 1 and August 1, 
respectively. No mechanism currently exists to add newly FLEX-eligible 
ETFs to the eligible list between bi-annual reviews. As a result, an 
ETF that becomes FLEX-eligible after a bi-annual review has been 
conducted may not be considered for cash-settled FLEX ETF Option 
eligibility for up to six months, even if it otherwise satisfies the 
notional value and ADV requirements of Rule 4.21(b)(5)(A)(ii). The 
Exchange proposes to address this gap by permitting, outside of the 
regular bi-annual review, the Exchange to determine that a newly FLEX-
eligible ETF satisfies the notional value and trading volume 
requirements based on the previous one-month period of trading 
statistics. Any ETF satisfying such requirements on that basis shall be 
eligible for cash settlement as a contract term.
    The Exchange believes a one-month lookback is appropriate in this 
context because an ETF that has newly become FLEX-eligible and 
simultaneously satisfies both the $500 million average daily notional 
value threshold and the 4,680,000-share ADV requirement over the prior 
month has already demonstrated the degree of liquidity and trading 
activity that the eligibility criteria are designed to capture. The 
Exchange believes its annual monitoring reports demonstrate the 
existing criteria have proven to be an effective proxy for identifying 
ETFs that are not readily susceptible to manipulation. Requiring newly 
eligible ETFs to await the next bi-annual review before becoming 
eligible for cash settlement would delay investor access to the 
product.
Tiered Criteria for ETFs Ceasing To Satisfy Eligibility Requirements
    Under the current rule, if the Exchange determines at the time of a 
bi-annual review that an underlying ETF ceases to satisfy the 
eligibility criteria, any new position overlying that ETF must be 
physically settled and any existing open cash-settled positions may be 
traded only to close. While this provision addresses the wind-down of 
cash-settled activity in a straightforward manner, it does not 
distinguish between ETFs with active open interest and those with no 
meaningful cash-settled activity, nor does it account for the 
possibility that an ETF may temporarily fall below the eligibility 
thresholds and subsequently recover.
    The Exchange proposes to replace this provision with a tiered 
framework that more precisely calibrates the treatment of an ineligible 
ETF to the actual state of the market for cash-settled FLEX ETF Options 
overlying that ETF. Under the proposed framework, if no open interest 
in cash-settled FLEX Equity Options overlying the ETF exists during the 
previous six-month period at the time of the bi-annual review 
determination, the existing treatment will apply: any new position must 
be physically settled and any open cash-settled positions may be traded 
only to close. Where open interest in cash-settled FLEX Equity Options 
overlying the ETF does exist during the previous six-month period, the 
Exchange will permit the opening of new cash-settled positions in that 
ETF for a period of one year from the date of the bi-annual review, 
after which any new position must be physically settled and any 
remaining open cash-settled positions may be traded only to close. This 
one-year continuation period is intended to provide market participants 
holding or seeking to manage existing cash-settled positions with a 
reasonable and predictable runway to do so, rather than abruptly 
restricting new position activity at the time of the bi-annual review 
determination.
    The proposed framework also includes a recovery provision: if the 
underlying ETF satisfies the eligibility criteria at the time of either 
bi-annual review conducted during the one-year continuation period, 
that period will terminate and the ETF will resume full eligibility for 
cash settlement as a contract term. The Exchange believes this 
provision appropriately accounts for the possibility that an ETF's 
trading statistics may fluctuate around the eligibility thresholds and 
prevents an unnecessarily disruptive wind-down in cases where the ETF 
promptly returns to eligibility.
Elimination of the 50-ETF Cap
    The Exchange also proposes to eliminate the existing provision 
limiting cash settlement as a contract term to no more than 50 
underlying ETFs. The cap was adopted at the outset of the program to 
prevent the scope of cash-settled FLEX ETF Options from expanding 
considerably without a corresponding evaluation of whether the level of 
the eligibility requirements remained reasonable. While the number of 
ETFs satisfying the eligibility criteria remained well below 50 during 
the initial period of the program's operation, the number of qualifying 
ETFs has grown over the two-year period to exceed that threshold,\4\ 
such that the cap now operates as an active constraint on the 
availability of cash-settled FLEX ETF Options on ETFs that otherwise 
satisfy the established eligibility criteria. The Exchange does not 
believe this result is consistent with the purpose of the cap, which 
was intended as a programmatic guardrail rather than a permanent 
numerical ceiling. As noted above, the Exchange's two annual reviews 
have identified no manipulation concerns. Given the same eligibility 
criteria and position and exercise limits would apply to any cash-
settled FLEX ETF option, as would the Exchange's surveillance program, 
the Exchange believes the 50-ETF cap is no longer necessary. The 
Exchange believes these protections and the eligibility criteria 
themselves sufficiently mitigate any manipulation concerns associated 
with cash-settled FLEX ETF Options.
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    \4\ As of February 1, 2026, 60 ETFs were eligible.
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    The Exchange also notes that, consistent with its commitment in the 
original proposal, it will continue to furnish the Commission with 
annual reports for the remainder of the five-year review period. The 
Exchange believes that the continued reporting commitment, together 
with the proposed amendments, appropriately positions the cash-settled 
FLEX ETF Option framework to address the operational gaps identified 
through the Exchange's review to date while preserving the monitoring 
mechanisms that allow the Exchange and the Commission to evaluate the 
ongoing impact of the program.

[[Page 21560]]

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.\5\ Specifically, the Exchange believes the proposed rule change is 
consistent with the Section 6(b)(5) \6\ 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.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes the proposed rule change is consistent with 
Section 6(b)(5) of the Act because each of the proposed amendments is 
designed to refine an existing, Commission-approved framework in a 
manner that is reasonably calibrated to address identified operational 
gaps while preserving and reinforcing the manipulation-mitigating 
features of that framework.
One-Month Lookback for Newly Eligible ETFs
    The Exchange believes the proposed one-month lookback for newly 
FLEX-eligible ETFs is consistent with the Act because it removes an 
impediment to the offering of cash-settled FLEX ETF Options on ETFs 
that have already demonstrated the liquidity and trading activity that 
the eligibility criteria are designed to capture, without compromising 
the manipulation-resistant features of those criteria. Under the 
current rule, an ETF that becomes FLEX-eligible \7\ after a bi-annual 
review has been conducted must wait up to six months before it may be 
considered for cash-settled FLEX ETF Option eligibility, even if it 
satisfies both the $500 million average daily notional value threshold 
and the 4,680,000-share ADV requirement at the time it becomes FLEX-
eligible. The Exchange believes this gap is not necessary to protect 
against manipulation. An ETF that satisfies both thresholds over the 
prior one-month period has demonstrated the same depth of liquidity and 
breadth of trading activity that the six-month bi-annual review is 
designed to identify as indicative of reduced susceptibility to 
manipulation. As noted above, the Exchange's annual monitoring reports 
have demonstrated the existing eligibility criteria are an effective 
and reliable proxy for identifying ETFs that are not readily 
susceptible to manipulation, and the Exchange has identified no 
manipulation concerns in connection with cash-settled FLEX ETF Options 
or their underlying ETFs during that period. The Exchange therefore 
believes that permitting a one-month lookback for newly FLEX-eligible 
ETFs between bi-annual reviews removes an impediment to and perfects 
the mechanism of a free and open market and protects investors and the 
public interest by providing timely investor access to a cash-
settlement alternative on ETFs that satisfy the established eligibility 
criteria, while maintaining the protections afforded by those 
criteria.\8\
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    \7\ For example, an ETF option may become eligible to be listed 
on the Exchange (and FLEX eligible) on January 15, but even it 
satisfies the cash-settled FLEX criteria well before the next bi-
annual review in July, the ETF would not be eligible for cash-
settled FLEX until that July review.
    \8\ This is a similar concept to the one in Rule 4.3, 
Interpretation and Policy .01(b)(2) that permits ``expedited'' 
listing of options on securities with significant market 
capitalization at their initial public offerings.
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Tiered Criteria for ETFs Ceasing To Satisfy Eligibility Requirements
    The Exchange believes the proposed tiered framework for ETFs that 
cease to satisfy the eligibility criteria at the time of a bi-annual 
review is consistent with the Act because it is reasonably designed to 
prevent fraudulent and manipulative acts and practices while also 
promoting just and equitable principles of trade and protecting 
investors. The current rule applies a single, uniform wind-down 
treatment to any ETF that falls below the eligibility thresholds at bi-
annual review, regardless of whether active open interest in cash-
settled FLEX ETF Options overlying that ETF exists. The Exchange 
believes this one-size-fits-all approach does not adequately account 
for the legitimate interests of market participants that hold existing 
cash-settled positions or that need the ability to open new positions 
to manage existing risk exposure in an ETF that has temporarily fallen 
below the thresholds.
    The proposed tiered framework addresses this concern in a manner 
consistent with the Act's investor protection and anti-manipulation 
objectives. Where no open interest in cash-settled FLEX ETF Options 
overlying the affected ETF has existed during the previous six-month 
period, the current treatment would continue to apply, because the 
Exchange believes an immediate restriction on new cash-settled 
positions would not disrupt market participants' activity. Where open 
interest does exist at the time of the bi-annual review, the proposed 
one-year continuation period provides market participants with a 
reasonable and predictable runway to manage existing positions, which 
the Exchange believes promotes just and equitable principles of trade. 
The Exchange further believes that the recovery provision, under which 
the continuation period terminates and full eligibility is restored if 
the ETF satisfies the criteria at either bi-annual review during the 
one-year period, is consistent with the Act because it prevents an 
unnecessarily disruptive wind-down where an ETF's trading statistics 
temporarily dip below the eligibility thresholds and then recover, and 
it reinforces the principle that the eligibility criteria, rather than 
arbitrary timing, are the appropriate determinant of cash-settlement 
eligibility. Taken together, the Exchange believes the tiered framework 
is a reasonable means to address manipulation concerns while not unduly 
burdening market participants with existing cash-settled positions, as 
it eliminates the current immediate disruption to their investment 
strategies.
Elimination of the 50-ETF Cap
    The Exchange believes the elimination of the 50-ETF cap is 
consistent with the Act because the cap is no longer necessary to 
protect against the concerns it was designed to address and, as 
currently operative, functions as an impediment to the offering of 
cash-settled FLEX ETF Options on ETFs that otherwise satisfy the 
established eligibility criteria. The cap was adopted at the outset of 
the program to prevent the scope of cash-settled FLEX ETF Options from 
expanding considerably without a corresponding evaluation of whether 
the level of the eligibility requirements remained reasonable. While 
the number of qualifying ETFs remained well below 50 during the initial 
period of the program's operation, that number has more recently grown 
to exceed the cap, such that the cap now actively restricts the 
availability of cash-settled FLEX ETF Options on ETFs that fully 
satisfy the notional value and ADV requirements of Rule 
4.21(b)(5)(A)(ii). The Exchange believes that retaining this arbitrary 
restriction is inconsistent with the Act's objectives because the two-
year monitoring record demonstrates that the eligibility criteria 
themselves limit the

[[Page 21561]]

availability of cash settlement to FLEX ETF Options. The liquidity and 
trading activity requirements mitigate manipulation concerns for any 
ETF that satisfies those requirements, not just the top 50. During the 
first two years of availability of cash-settled FLEX ETF Options, the 
Exchange has identified (and its annual monitoring reports 
demonstrated) no manipulation concerns in connection with cash-settled 
FLEX ETF Options or their underlying ETFs. The Exchange believes the 
eligibility criteria, position and exercise limits, and surveillance 
program applicable to the 50 ETFs eligible for FLEX options with cash-
settlement provide adequate protections against manipulation and market 
disruption to all ETFs that satisfy the criteria, regardless of the 
number of qualifying ETFs. The Exchange therefore believes that 
eliminating the cap removes an impediment to and perfects the mechanism 
of a free and open market, protects investors and the public interest, 
and is otherwise consistent with the Act.

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 the proposed rule change will impose 
any burden on intramarket competition. The proposed amendments apply 
uniformly to all market participants that trade cash-settled FLEX ETF 
Options on the Exchange. All newly FLEX-eligible ETFs would be eligible 
for the one-month lookback, and any ETF that satisfies the eligibility 
criteria within that one-month lookback would be eligible for cash-
settlement, and cash-settled FLEX options on such ETFs would be 
available to all market participants. The tiered framework for ETFs 
ceasing to satisfy the eligibility criteria applies in the same manner 
to all market participants holding or seeking to open positions in 
cash-settled FLEX ETF Options overlying the affected ETF, and the one-
year continuation period and recovery provision provide all such 
participants with the same predictable and equitable treatment. The 
elimination of the 50-ETF cap permits any ETF that satisfies the 
eligibility criteria to be eligible for FLEX cash-settlement rather 
than arbitrarily restricting that product availability to 50 ETFs. The 
Exchange believes the proposed rule promotes competition, as it would 
treat all ETFs that satisfy the eligibility criteria for cash-settled 
FLEX Options in the same manner.
    The Exchange does not believe the proposed rule change will impose 
any burden on intermarket competition. Cash-settled FLEX ETF Options 
with the same underlying ETF may be listed on multiple exchanges, and 
the proposed amendments do not restrict the ability of other exchanges 
to adopt similar or competing frameworks.

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.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the Exchange consents, the Commission will:
    A. by order approve or disapprove such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule 
change should be 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#2351564f460e404c4e4e464d5750635046400d444c55"><span class="__cf_email__" data-cfemail="156760797038767a7878707b6166556670763b727a63">[email&#160;protected]</span></a>. Please include 
file number SR-CBOE-2026-035 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-2026-035. 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 filing 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-2026-035 and should be submitted on 
or before May 13, 2026.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-07818 Filed 4-21-26; 8:45 am]
BILLING CODE 8011-01-P


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