68896 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 

25See, e.g. Notice of Filing of Amendment No. 3 

to, and Order Instituting Proceedings to Determine 

Whether to Approve or Disapprove, a Proposed 

Rule Change to List and Trade Shares of the ARK 

21Shares Bitcoin ETF under BZX Rule 14.11(e)(4), 

Commodity-Based Trust Shares, Securities 

Exchange Act Release No. 98112 (Aug. 11, 2023), 

88 FR 55743 (Aug. 16, 2023) (including data from 

sponsor 21Shares US LLC that purports to show 

correlations of returns across the two-year period 

from January 20, 2021, to February 1, 2023, of no 

less than 92% among certain spot bitcoin platforms 

and between the CME bitcoin futures market and 

such spot bitcoin platforms on an hourly basis, and 

no less than 78% on a minutely basis). 

26Section 19(b)(2) of the Act, as amended by the 

Securities Acts Amendments of 1975, Public Law 

94–29 (June 4, 1975), grants the Commission 

flexibility to determine what type of proceeding— 

either oral or notice and opportunity for written 

comments—is appropriate for consideration of a 

particular proposal by a self-regulatory 

organization. See Securities Acts Amendments of 

1975, Senate Comm. on Banking, Housing & Urban 

Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30 

(1975). 27 17 CFR 200.30–3(a)(57). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

5. Some sponsors of proposed spot 

bitcoin exchange-traded products have 

also provided data regarding the 

correlation between certain bitcoin spot 

markets and the CME bitcoin futures 

market.25 What are commenters’ views 

on the correlation between the bitcoin 

spot market and the CME bitcoin futures 

market? What are commenters’ views on 

the extent to which that correlation 

provides evidence that the CME bitcoin 

futures market is ‘‘significant’’ related to 

spot bitcoin? 

III. Procedure: Request for Written 

Comments 

The Commission requests that 

interested persons provide written 

submissions of their views, data, and 

arguments with respect to the issues 

identified above, as well as any other 

concerns they may have with the 

proposal. In particular, the Commission 

invites the written views of interested 

persons concerning whether the 

proposal is consistent with Section 

6(b)(5) or any other provision of the Act, 

and the rules and regulations 

thereunder. Although there do not 

appear to be any issues relevant to 

approval or disapproval that would be 

facilitated by an oral presentation of 

views, data, and arguments, the 

Commission will consider, pursuant to 

Rule 19b–4, any request for an 

opportunity to make an oral 

presentation.26

Interested persons are invited to 

submit written data, views, and 

arguments regarding whether the 

proposed rule change should be 

approved or disapproved by October 25, 

2023. Any person who wishes to file a 

rebuttal to any other person’s 

submission must file that rebuttal by 

November 8, 2023. 

Comments may be submitted by any 

of the following methods: 

Electronic Comments 

• Use the Commission’s internet 

comment form (https://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include file number 

SR–NASDAQ–2023–019 on the 

subject line. 

Paper Comments 

• 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–NASDAQ–2023–019. 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 (https://www.sec.gov/ 

rules/sro.shtml). 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–NASDAQ–2023–019 and should be 

submitted on or before October 25, 

2023. Rebuttal comments should be 

submitted by November 8, 2023. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.27

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–21946 Filed 10–3–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98621; File No. SR–CBOE– 

2023–054] 

Self-Regulatory Organizations; Cboe 

Exchange, Inc.; Notice of Filing of a 

Proposed Rule Change To Amend Rule 

4.13 

September 28, 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 

September 28, 2023, 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. 

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 amend 

Rule 4.13. The text of the proposed rule 

change is provided below. 

(additions are italicized; deletions are 

[bracketed]) 

* * * * * 

Rules of Cboe Exchange, Inc. 

* * * * * 

Rule 4.13. Series of Index Options 

* * * * * 

(e) Nonstandard Expirations Program. 

(1) Weekly Expirations. The Exchange may 

open for trading Weekly Expirations on any 

broad-based index eligible for standard 

options trading to expire on any Monday, 

Tuesday, Wednesday, Thursday, or Friday 

(other than the third Friday-of-the-month or 

days that coincide with an EOM expiration). 

[In addition, the Exchange may also open for 

trading Weekly Expirations on S&P 500 Index 

and Mini-S&P 500 Index options to expire on 

any Tuesday or Thursday (other than days 

that coincide with an EOM expiration).] 

Weekly Expirations shall be subject to all 

provisions of this Rule and treated the same 

as options on the same underlying index that 

expire on the third Friday of the expiration 

month; provided, however, that Weekly 

Expirations shall be P.M.-settled and new 

series in Weekly Expirations may be added 

up to and including on the expiration date 

for an expiring Weekly Expiration. 

The maximum number of expirations that 

may be listed for each Weekly Expiration 

(i.e., a Monday expiration, Tuesday 

expiration, Wednesday expiration, Thursday 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 68897 

3See Rule 4.13(e). 

expiration, or Friday expiration, as 

applicable) in a given class is the same as the 

maximum number of expirations permitted 

in Rule 4.13(a)(2) for standard options on the 

same broad-based index. Weekly Expirations 

need not be for consecutive Monday, 

Tuesday, Wednesday, Thursday, or Friday 

expirations as applicable; however, the 

expiration date of a non-consecutive 

expiration may not be beyond what would be 

considered the last expiration date if the 

maximum number of expirations were listed 

consecutively. Weekly Expirations that are 

first listed in a given class may expire up to 

four weeks from the actual listing date. If the 

Exchange lists EOMs and Weekly Expirations 

as applicable in a given class, the Exchange 

will list an EOM instead of a Weekly 

Expiration that expires on the same day in 

the given class. Other expirations in the same 

class are not counted as part of the maximum 

number of Weekly Expirations for an 

applicable broad-based index class. If the 

Exchange is not open for business on a 

respective Monday, the normally Monday 

expiring Weekly Expirations will expire on 

the following business day. If the Exchange 

is not open for business on a respective 

Tuesday, Wednesday, Thursday, or Friday, 

the normally Tuesday, Wednesday, 

Thursday, or Friday expiring Weekly 

Expirations will expire on the previous 

business day. If two different Weekly 

Expirations [on S&P 500 Index or Mini-S&P 

500 Index options] would expire on the same 

day because the Exchange is not open for 

business on a certain weekday, the Exchange 

will list only one of such Weekly Expirations. 

* * * * * 

The text of the proposed rule change 

is also available on the Exchange’s 

website (http://www.cboe.com/ 

AboutCBOE/

CBOELegalRegulatoryHome.aspx), 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 4.13(e), which governs its 

Nonstandard Expirations Program 

(‘‘Program’’), to permit P.M.-settled 

options on any broad-based index 

eligible for standard options trading that 

expire on Tuesday or Thursday. 

Currently under the Program, the 

Exchange is permitted to list P.M.- 

settled options on any broad-based 

index eligible for standard trading that 

expire on: (1) any Monday, Wednesday, 

or Friday (other than the third Fridayof-the-month or days that coincide with 

an EOM expiration (as defined below) 

and, with respect to options on the S&P 

500 Index (‘‘SPX options’’) and the 

Mini-S&P 500 Index (‘‘XSP options’’) 

any Tuesday or Thursday (‘‘Weekly 

Expirations’’) and (2) the last trading 

day of the month (‘‘End of Month 

Expirations’’ or ‘‘EOMs’’).3 The 

Exchange notes that permitting Tuesday 

and Thursday expirations for all broadbased indexes, as proposed, would be in 

addition to the options with Monday, 

Wednesday and Friday expirations that 

the Exchange may (and does) already 

list on those indexes, as they are 

permissible Weekly Expirations for 

options on a broad-based index 

pursuant to Rule 4.13(e)(1). The 

proposal merely expands the 

availability of Tuesday and Thursday 

Weekly Expirations, and thus all 

Weekly Expirations available under the 

Program, to all broad-based indexes 

eligible for standard options trading, on 

which the Exchange may currently list 

Monday, Wednesday, and Friday 

Weekly expirations under the Program. 

The Program for Weekly Expirations 

will apply to any broad-based index 

option with Tuesday and Thursday 

expirations in the same manner as it 

currently applies to all other P.M.- 

settled broad-based index options with 

Monday, Wednesday, and Friday 

expirations and to SPX and XSP options 

with Tuesday and Thursday expirations. 

Specifically, as set forth in Rule 4.13(e), 

Weekly Expirations, including the 

proposed Tuesday and Thursday 

expirations, are subject to all provisions 

of Rule 4.13 and treated the same as 

options on the same underlying index 

that expire on the third Friday of the 

expiration month; provided, however, 

that Weekly Expirations are P.M.- 

settled, and new series in Weekly 

Expirations may be added up to and 

including on the expiration date for an 

expiring Weekly Expiration. 

The maximum number of expirations 

that may be listed for each Weekly 

Expiration (i.e., a Monday expiration, 

Tuesday expiration, Wednesday 

expiration, Thursday expiration, or 

Friday expiration, as applicable) in a 

given class is the same as the maximum 

number of expirations permitted in Rule 

4.13(a)(2) for standard options on the 

same broad-based index. Weekly 

Expirations need not be for consecutive 

Monday, Tuesday, Wednesday, 

Thursday, or Friday expirations as 

applicable; however, the expiration date 

of a nonconsecutive expiration may not 

be beyond what would be considered 

the last expiration date if the maximum 

number of expirations were listed 

consecutively. Weekly Expirations that 

are first listed in a given class may 

expire up to four weeks from the actual 

listing date. If the Exchange lists EOMs 

and Weekly Expirations as applicable in 

a given class, the Exchange will list an 

EOM instead of a Weekly Expiration 

that expires on the same day in the 

given class. Other expirations in the 

same class are not counted as part of the 

maximum number of Weekly 

Expirations for an applicable broadbased index class. If the Exchange is not 

open for business on a respective 

Monday, the normally Monday expiring 

Weekly Expirations will expire on the 

following business day. If the Exchange 

is not open for business on a respective 

Tuesday, Wednesday, Thursday, or 

Friday, the normally Tuesday, 

Wednesday, Thursday, or Friday 

expiring Weekly Expirations will expire 

on the previous business day. If two 

different Weekly Expirations on a broadbased index would expire on the same 

day because the Exchange is not open 

for business on a certain weekday, the 

Exchange will list only one of such 

Weekly Expirations. In addition, like all 

Weekly Expirations, pursuant to Rule 

4.13(e)(3), transactions in expiring 

broad-based index options with 

Tuesday and Thursday expirations may 

be effected on the Exchange between the 

hours of 9:30 a.m. and 4:00 p.m. on their 

last trading day (Eastern Time). 

The Exchange believes that that the 

introduction of Tuesday and Thursday 

expirations for all broad-based index 

options (rather than offering those 

expirations for just two indexes) will 

expand hedging tools available to 

market participants while also 

providing greater trading opportunities, 

regardless of in which index option 

market they participate. By offering 

expanded Tuesday and Thursday 

expirations along with the current 

Monday, Wednesday and Friday 

expirations, the proposed rule change 

will allow market participants to 

purchase options on all broad-based 

index options available for trading on 

the Exchange in a manner more aligned 

with specific timing needs and more 

effectively tailor their investment and 


lotter on DSK11XQN23PROD with NOTICES1
68898 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 

4The Exchange currently lists Tuesday and 

Thursday expirations in SPX and XSP options 

pursuant to the Program. The Exchange also already 

allows options on broad-based indexes to expire on 

Tuesdays for normally Monday or Wednesday 

expiring options when the Exchange is not open for 

business on a respective Monday or Wednesday (as 

applicable), and already allows options on broadbased indexes to expire on Thursdays for normally 

Friday expiring options when the Exchange is not 

open for business on a respective Friday. Also, 

EOM options in any broad-based indexes may 

currently be listed to expire on a Tuesday or 

Thursday. 

5 15 U.S.C. 78f(b). 

6 15 U.S.C. 78f(b)(5). 7 Id. 

8See Securities Exchange Act Release Nos. 94682 

(April 12, 2022), 87 FR 22993, 22994 (April 18, 

2022) (SR–CBOE–2022–005) (approval of proposed 

rule change to list P.M.-settled SPX options that 

expire on Tuesdays and Thursdays) (‘‘Daily SPX 

Option Approval’’); and 95795 (September 15, 

2022), 87 FR 57745, 57746 (September 21, 2022) 

(SR–CBOE–2022–039) (approval of proposed rule 

change to list P.M.-settled XSP options that expire 

on Tuesdays and Thursdays) (‘‘Daily XSP Option 

Approval’’). 

9See Daily SPX Option Approval at 22995; and 

Daily XSP Option Approval at 57746. 10See Securities Exchange Act Release No. 98456 

at 10–11 (September 20, 2023) (SR–CBOE–2023– 

020). 11See id. 

hedging strategies and manage their 

portfolios. In particular, the proposed 

rule change will allow market 

participants to roll their positions on 

more trading days, thus with more 

precision, spread risk across more 

trading days and incorporate daily 

changes in the markets, which may 

reduce the premium cost of buying 

protection. 

The Exchange believes there is 

sufficient investor interest and demand 

in Tuesday and Thursday expirations 

for broad-based index options beyond 

SPX and XSP to warrant inclusion in 

the Program and that the Program, as 

amended, will continue to provide 

investors with additional means of 

managing their risk exposures and 

carrying out their investment 

objectives.4 With regard to the impact of 

this proposal on system capacity, the 

Exchange has analyzed its capacity and 

represents that it believes that the 

Exchange and OPRA have the necessary 

systems capacity to handle any potential 

additional traffic associated with trading 

of broad-based index options with 

Tuesday and Thursday expirations. The 

Exchange does not believe that its 

Trading Permit Holders (‘‘TPHs’’) will 

experience any capacity issues as a 

result of this proposal and represents 

that it will monitor the trading volume 

associated with any possible additional 

options series listed as a result of this 

proposal and the effect (if any) of these 

additional series on market 

fragmentation and on the capacity of the 

Exchange’s automated systems. 

2. Statutory Basis 

The Exchange believes the proposed 

rule change is consistent with the 

Securities Exchange Act of 1934 (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 facilitation 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) 7 requirement that 

the rules of an exchange not be designed 

to permit unfair discrimination between 

customers, issuers, brokers, or dealers. 

In particular, the Exchange believes 

that the proposed rule change will 

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. The Exchange believes 

that that the introduction of Tuesday 

and Thursday expirations for all broadbased index options (rather than 

offering those expirations for just two 

indexes) will provide investors with 

expanded hedging tools and greater 

trading opportunities and flexibility, 

regardless of in which index option 

market they participate. As a result, 

investors will have additional means to 

manage their risk exposures and carry 

out their investment objectives. By 

offering expanded Tuesday and 

Thursday expirations along with the 

current Monday, Wednesday and Friday 

expirations, the proposed rule change 

will allow market participants to 

purchase options on all broad-based 

index options available for trading on 

the Exchange in a manner more aligned 

with specific timing needs and more 

effectively tailor their investment and 

hedging strategies and manage their 

portfolios. For example, the proposed 

rule change will allow market 

participants to roll their positions on 

more trading days, thus with more 

precision, spread risk across more 

trading days and incorporate daily 

changes in the markets, which may 

reduce the premium cost of buying 

protection. The Exchange represents 

that it believes that it has the necessary 

systems capacity to support any 

additional traffic associated with trading 

of options on all broad-based index 

options with Tuesday and Thursday 

expirations and does not believe that its 

TPHs will experience any capacity 

issues as a result of this proposal. 

The Commission previously 

recognized that listing Tuesday and 

Thursday expirations for SPX and XSP 

options was consistent with the Act.8

The Commission noted that Tuesday 

and Thursday expirations in these index 

options would ‘‘offer additional 

investment options to investors and may 

be useful for their investment or 

hedging objectives . . . .’’ 9 The 

Exchange also notes it previously listed 

P.M.-settled broad-based index options 

with weekly expirations pursuant to a 

pilot program, so the Commission could 

monitor the impact of P.M. settlement of 

cash-settled index derivatives on the 

underlying cash markets (while 

recognizing that these risks may have 

been mitigated given enhanced closing 

procedures in use in the primary equity 

markets); however, the Commission 

recently approved a proposed rule 

change to make that pilot program 

permanent. The Commission noted that 

the data it reviewed in connection with 

the pilot demonstrated that these 

options (including SPX and XSP options 

with Tuesday and Thursday 

expirations) ‘‘benefitted investors and 

other market participants by providing 

more flexible trading and hedging 

opportunities while also having no 

disruptive impact on the market’’ and 

were thus consistent with the Act.10 The 

proposed rule change is consistent with 

these findings, as it will benefit 

investors and other market participants 

that participate in the markets for broadbased index options other than SPX and 

XSP options in the same manner by 

providing them with more flexible 

trading and hedging opportunities. 

Additionally, the Exchange does not 

believe the listing of additional P.M.- 

settled options on other broad-based 

indexes will have any significant 

economic impact on the underlying 

component securities surrounding the 

close as a result of expiring p.m.-settled 

options or impact market quality, based 

on the data provided to and reviewed by 

the Commission (and the Commission’s 

own conclusions based on that review, 

as noted above) and due to the 

significant changes in closing 

procedures in the decades since index 

options moved to a.m.-settlement.11


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 68899 

12See, e.g., Nasdaq PHLX, LLC Options 4A, 

Section 12 (permitting nonstandard expirations, 

including expirations on Tuesdays and Thursdays, 

for Nasdaq-100 index options and Nasdaq 100- 

Micro index options); and Nasdaq ISE, LLC Options 

4, Section 5, Supplementary Material .03 

(permitting short-term options series with daily 

expirations for SPY and QQQ options). 

13 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

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 the 

proposed rule change will impose any 

burden on intramarket competition that 

is not necessary or appropriate in 

furtherance of the purposes of the Act 

because options on broad-based indexes 

with Tuesday and Thursday expirations 

will be available to all market 

participants. By listing options on all 

available broad-based indexes that 

expire on Tuesdays and Thursdays, the 

proposed rule change will provide all 

investors that participate in the markets 

for options on all broad-based indexes 

available for trading on the Exchange 

with greater trading and hedging 

opportunities and flexibility to meet 

their investment and hedging needs, 

which are already available for SPX and 

XSP options. Additionally, Tuesday and 

Thursday expiring broad-based index 

options will trade in the same manner 

as Weekly Expirations currently trade, 

including Tuesday and Thursday 

expiring SPX and XSP options. 

The Exchange does not believe that 

the proposal to list options on all broadbased indexes with Tuesday and 

Thursday expirations will impose any 

burden on intermarket competition that 

is not necessary or appropriate in 

furtherance of the purposes of the Act 

because these options are proprietary 

Exchange products. Other exchanges 

offer nonstandard expiration programs 

for index options as well as short-term 

options programs for certain equity 

options (including options on certain 

exchange-traded funds that track broadbased indexes) that expire on Tuesdays 

and Thursdays 12 and are welcome to 

similarly propose to list Tuesday and 

Thursday options on those index or 

equity products. To the extent that the 

addition of options on additional broadbased indexes that expire on Tuesdays 

and Thursdays being available for 

trading on the Exchange makes the 

Exchange a more attractive marketplace 

to market participants at other 

exchanges, such market participants are 

free to elect to become market 

participants on the Exchange. 

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 

• Use the Commission’s internet 

comment form (https://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include file number SR– 

CBOE–2023–054 on the subject line. 

Paper Comments 

• 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–2023–054. 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 (https://www.sec.gov/ 

rules/sro.shtml). 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–2023–054 and should be 

submitted on or before October 25, 

2023. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–21953 Filed 10–3–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98660; File No. SR–CBOE– 

2023–058] 

Self-Regulatory Organizations; Cboe 

Exchange, Inc.; Notice of Filing and 

Immediate Effectiveness of a Proposed 

Rule Change To Amend its Fees 

Schedule To Adopt a Temporary 

Options Regulatory Fee 

September 29, 2023. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on 

September 28, 2023, Cboe Exchange, 

Inc. (the ‘‘Exchange’’ or ‘‘Cboe 

Options’’) filed with the Securities and 

Exchange Commission (the 

‘‘Commission’’) the proposed rule 

change as described in Items I and II 

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. 

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 amend 

its Fees Schedule relating to the Options 


lotter on DSK11XQN23PROD with NOTICES1