Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices 51309 

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

2 17 CFR 240.19b–4. 

3See Section 242(b) of the General Corporation 

Law of the State of Delaware. 

SW., Washington, DC 20260–1000. 

Telephone: (202) 268–4800. 

Julie S. Moore, 

Secretary. 

[FR Doc. 2017–24069 Filed 11–1–17; 11:15 am] 

BILLING CODE 7710–12–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–81981; File No. SR–CBOE– 

2017–066] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing and 

Immediate Effectiveness of a Proposed 

Rule Change To Reflect in the 

Exchange’s Governing Documents, 

Rulebook and Fees Schedules, a NonSubstantive Corporate Branding 

Change, Including Changes to the 

Company’s Name, the Intermediate’s 

Name, and the Exchange’s Name 

October 30, 2017. 

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 October 

16, 2017, Chicago Board Options 

Exchange, Incorporated (the ‘‘Exchange’’ 

or ‘‘CBOE’’) filed with the Securities 

and Exchange Commission (the 

‘‘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 

The Exchange filed a proposed rule 

change with respect to amendments of 

the Second Amended and Restated 

Certificate of Incorporation (the 

‘‘Company’s Certificate’’) and Third 

Amended and Restated Bylaws (the ’’ 

Company’s Bylaws’’) of its parent 

corporation, CBOE Holdings, Inc. 

(‘‘CBOE Holdings’’ or the ‘‘Company’’) 

to change the name of the Company to 

Cboe Global Markets, Inc. The Exchange 

also proposes to amend its Third 

Amended and Restated Certificate of 

Incorporation (the ‘‘Exchange 

Certificate’’), Eighth Amended and 

Restated Bylaws of Chicago Board 

Options, Exchange, Incorporated (the 

‘‘Exchange Bylaws’’), rulebook and fees 

schedules (collectively ‘‘operative 

documents’’) in connection with the 

name change of its parent Company and 

the Exchange. 

The text of the proposed rule change 

is also available on the Exchange’s Web 

site (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 

Background 

The purpose of this filing is to reflect 

in the Exchange’s governing documents 

(and the governing documents of its 

parent company, CBOE Holdings) and 

the Exchange’s rulebook and fees 

schedules, a non-substantive corporate 

branding change, including changes to 

the Company’s name and the 

Exchange’s name. Particularly, 

references to Company’s and Exchange’s 

names will be deleted and revised to 

state the new names, as described more 

fully below. No other substantive 

changes are being proposed in this 

filing. The Exchange represents that 

these changes are concerned solely with 

the administration of the Exchange and 

do not affect the meaning, 

administration, or enforcement of any 

rules of the Exchange or the rights, 

obligations, or privileges of Exchange 

members or their associated persons is 

[sic] any way. Accordingly, this filing is 

being submitted under Rule 19b–4(f)(3). 

In lieu of providing a copy of the 

marked name changes, the Exchange 

represents that it will make the 

necessary non-substantive revisions 

described below to the Exchange’s 

corporate governance documents, 

rulebook, and fees schedules, and post 

updated versions of each on the 

Exchange’s Web site pursuant to Rule 

19b–4(m)(2). 

The Company’s Name Change 

In connection with the corporate 

name change of its parent company, the 

Exchange is proposing to amend the 

Company’s Certificate and Bylaws. 

Specifically, the Company is changing 

its name from ‘‘CBOE Holdings, Inc.’’ to 

‘‘Cboe Global Markets, Inc.’’ 

(a) Company’s Certificate 

The Exchange proposes to (i) delete 

the following language from Paragraph 

(1) of the introductory paragraph: ‘‘The 

name of the Corporation is CBOE 

Holdings, Inc.’’ and (ii) amend Article 

First of the Company’s Certificate to 

reflect the new name, ‘‘Cboe Global 

Markets, Inc.’’. The Exchange also 

proposes to add clarifying language and 

cite to the applicable provisions of the 

General Corporation Law of the State of 

Delaware in connection with the 

proposed name change. The Exchange 

notes that it is not amending the 

Company’s name in the title or signature 

line as the name changes will not be 

effective until the Company, as 

currently named, files the proposed 

changes in Delaware. Thereafter, the 

Exchange will amend the Certificate to 

reflect the new name in the title and 

signature line. The Exchange also notes 

that although the Exchange’s name is 

changing, as discussed more fully 

below, it is not amending the name of 

the Exchange referenced in Article 

Fifth(a)(iii) at this time. Particularly, the 

Exchange notes that unlike the 

exception applicable to proposed 

changes to the Company’s name,3 a vote 

of stockholders is required to adopt an 

amendment to the reference of the 

Exchange’s name. As such, the 

Exchange will submit a rule filing to 

amend the Certificate to reflect the new 

Exchange name at such time it is ready 

to obtain stockholder approval. 

(b) Company’s Bylaws 

With respect to the Company’s 

Bylaws, references to ‘‘CBOE Holdings, 

Inc.’’ will be deleted and revised to state 

‘‘Cboe Global Markets, Inc.’’ The 

Exchange also proposes to eliminate the 

reference to ‘‘Chicago Board Options 

Exchange, Incorporated’’ in Article 10, 

Section 10.2. Particularly, Section 10.2 

provides that ‘‘for so long as the 

Corporation shall control, directly or 

indirectly, any national securities 

exchange, including, but not limited to 

Chicago Board Options Exchange, 

Incorporated (a ‘‘Regulated Securities 

Exchange Subsidiary’’), before any 

amendment, alteration or repeal of any 

provision of the Bylaws shall be 


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51310 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices 

4See Rule 24.1, Interpretation and Policies .01 

(Definitions). 

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

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

effective, such amendment, alteration or 

repeal shall be submitted to the board of 

directors of each Regulated Securities 

Exchange Subsidiary, and if such 

amendment, alteration or repeal must be 

filed with or filed with and approved by 

the Securities and Exchange 

Commission, then such amendment, 

alteration or repeal shall not become 

effective until filed with or filed with 

and approved by the Securities and 

Exchange Commission, as the case may 

be.’’ As the Company currently controls 

a number of Regulated Securities 

Exchange Subsidiaries, it does not 

believe it is necessary to explicitly 

reference only Chicago Board Option 

Exchange, Incorporated and therefore 

proposes to delete the following 

language: ‘‘including, but not limited to 

Chicago Board Options Exchange, 

Incorporated’’. 

The Exchange’s Name Change 

For purposes of consistency, certain 

of the Parent’s subsidiaries have also 

undertaken to change their legal names. 

As a result, the Exchange also proposes 

to change its name from ‘‘Chicago Board 

Options Exchange, Incorporated’’ to 

‘‘Cboe Exchange, Inc.’’ throughout its 

rules, fees schedules and corporate 

documents. The Exchange is also 

changing references to ‘‘CBOE’’ to ‘‘Cboe 

Options’’, with certain exceptions 

described below. Lastly, the Exchange is 

changing the name of ‘‘Market Data 

Express, LLC’’ to ‘‘Cboe Data Services, 

LLC’’ and consequently also changing 

references to ‘‘MDX’’ to ‘‘CDS’’. 

Therefore, the Exchange proposes to 

amend its: (i) Third Amended and 

Restated Certificate of Incorporation of 

Chicago Board Options Exchange, 

Incorporated (ii) Eighth Amended and 

Restated Bylaws of Chicago Board 

Options Exchange, Incorporated, (iii) 

Rulebook, (iv) Fees Schedule and (v) 

Market Data Express, LLC Fees 

Schedule (collectively, the ‘‘Operative 

Documents’’) to reflect the name 

changes. 

(a) Exchange’s Certificate 

The Exchange proposes to (i) delete 

the following language from the 

introductory paragraph: ‘‘The name of 

the Corporation is Chicago Board 

Options Exchange, Incorporated’’ and 

(ii) amend Article First of the 

Exchange’s Certificate to reflect the new 

name, ‘‘Cboe Exchange, Inc.’’. The 

Exchange also proposes to change 

references to its parent company, 

‘‘CBOE Holdings, Inc.’’ to ‘‘Cboe Global 

Markets, Inc.’’. The Exchange notes that 

it is not amending the Exchange’s name 

in the title or signature line as the name 

changes will not be effective until the 

Exchange, as currently named, files the 

proposed changes in Delaware. 

Thereafter, the Exchange will amend the 

Certificate to reflect the new name in 

the title and signature line. 

(b) Exchange’s Bylaws 

For the Exchange’s Bylaws, all 

references to ‘‘Chicago Board Options 

Exchange, Incorporated’’ will be deleted 

and revised to state ‘‘Cboe Exchange, 

Inc.’’. Additionally, a reference to its 

parent company, ‘‘CBOE Holdings, Inc.’’ 

will be deleted and revised to state 

‘‘Cboe Global Markets, Inc.’’. 

(c) Exchange’s Rulebook 

For the Rules of Chicago Board 

Options Exchange, Incorporated, all 

references to ‘‘Chicago Board Options 

Exchange, Incorporated’’, ‘‘Chicago 

Board Options Exchange, Inc.’’ and 

‘‘Chicago Board Options Exchange’’ will 

be deleted and revised to state ‘‘Cboe 

Exchange, Inc.’’. Additionally, 

notwithstanding the below exceptions, 

all references to ‘‘CBOE’’, will be 

deleted and revised to state ‘‘Cboe 

Options’’. The Exchange notes that 

references to ‘‘CBOE’’ that precedes any 

product name (e.g., ‘‘CBOE Bio Tech’’) 4

will be deleted and revised to state 

‘‘Cboe’’. Similarly, any references to 

‘‘CBOE Command’’, ‘‘CBOE Application 

Server’’, ‘‘CBOE Market Interface’’ and 

CBOE Livevol, LLC’’ will be deleted and 

revised to state ‘‘Cboe Command’’, 

‘‘Cboe Application Server’’, ‘‘Cboe 

Market Interface’’ and ‘‘Cboe Livevol, 

LLC’’, respectively. Lastly, the Exchange 

notes that any references to its parent 

company, ‘‘CBOE Holdings, Inc.’’ will 

be deleted and revised to state ‘‘Cboe 

Global Markets, Inc.’’. 

(d) Exchange’s Fees Schedule 

For the Chicago Board Options 

Exchange, Incorporated Fees Schedule, 

any reference to ‘‘Chicago Board 

Options Exchange, Incorporated’’ will 

be deleted and revised to state ‘‘Cboe 

Exchange, Inc.’’. Additionally, all 

references to ‘‘CBOE’’ will be deleted 

and revised to state ‘‘Cboe Options’’, 

with the exception that any references 

to ‘‘CBOE Command’’ will be deleted 

and revised to state ‘‘Cboe Command’’. 

(e) Market Data Express, LLC Fees 

Schedule 

For the Market Data Express, LLC 

Fees Schedule, all references to ‘‘Market 

Data Express, LLC’’ will be deleted and 

revised to state ‘‘Cboe Data Services, 

LLC’’ and references to ‘‘CBOE 

Streaming Markets’’ will be deleted in 

its entirety. Additionally references to 

‘‘MDX’’ will be deleted and revised to 

state ‘‘CDS’’. Finally, all references to 

‘‘CBOE’’ will be deleted and revised to 

state ‘‘Cboe Options’’. 

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 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. 

In particular, the proposed change is 

a non-substantive change and does not 

impact the governance, ownership or 

operations of the Exchange. The 

Exchange believes that by ensuring that 

its parent company’s governance 

documents and the Exchanges operative 

documents accurately reflect the new 

legal names, the proposed rule change 

would reduce potential investor or 

market participant confusion. 

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 

proposed rule change is not intended to 

address competitive issues but rather is 

concerned solely with updating the 

Company’s and Exchange’s governance 

and operative documents to reflect the 

abovementioned name changes. 

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. 


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Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices 51311 

7 15 U.S.C. 78s(b)(3)(A). 

8 17 CFR 240.19b–4(f). 

9 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 80553 

(April 28, 2017), 82 FR 20932. 

4 15 U.S.C. 78s(b)(2). 

5See Securities Exchange Act Release No. 80935, 

82 FR 28152 (June 20, 2017). The Commission 

designated August 2, 2017, as the date by which it 

should approve or disapprove, or institute 

proceedings to determine whether to disapprove, 

the proposed rule change. 

6See Letter from Gary L. Gastineau, President, 

ETF Consultants.com, Inc., to Brent J. Fields, 

Secretary, Commission, dated May 24, 2017; Letter 

from Todd J. Broms, Chief Executive Officer, Broms 

& Company LLC, to Brent J. Fields, Secretary, 

Commission, dated May 25, 2017; Letter from James 

J. Angel, Associate Professor of Finance, 

Georgetown University, McDonough School of 

Business, to the Commission, dated May 25, 2017; 

and Terence W. Norman, Founder, Blue Tractor 

Group, LLC, to Brent J. Fields, Secretary, 

Commission, dated July 18, 2017. The comment 

letters are available on the Commission’s Web site 

at: https://www.sec.gov/comments/sr-nysearca2017-36/nysearca2017-36.htm. 

7 15 U.S.C. 78s(b)(2)(B). 

8See Securities Exchange Act Release No. 81267, 

82 FR 36510 (August 4, 2017). 

9See Letter from Christopher P. Wilcox, J.P. 

Morgan Asset Management, to David W. Grim, 

Director, Division of Investment Management, 

Commission, dated July 7, 2017; Letter from Mark 

Criscitello, Chairman, Precidian Funds LLC, to 

Brent J. Fields, Secretary, Commission, dated 

October 11, 2017; Letter from Daniel J. McCabe, 

Chief Executive, Precidian Investments, to Brent J. 

Fields, Secretary, Commission, dated October 12, 

2017; Letter from Andrew M. Gross, Jr., to Jay 

Clayton, Chairman, Commission, dated October 16, 

2017; and Letter from Joseph A. Sullivan, Chairman 

and Chief Executive Officer, Legg Mason, Inc., to 

Brent J. Fields, Secretary, Commission, dated 

October 12, 2017. The comment letters are available 

on the Commission’s Web site at: https://

www.sec.gov/comments/sr-nysearca-2017-36/ 

nysearca201736.htm. 

10 15 U.S.C. 78s(b)(2). 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 19(b)(3)(A) 

of the Act 7 and paragraph (f) of Rule 

19b–4 8 thereunder. 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 will institute proceedings 

to determine whether the proposed rule 

change 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 

• Use the Commission’s Internet 

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

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

CBOE–2017–066 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Brent J. Fields, Secretary, Securities 

and Exchange Commission, 100 F Street 

NE., Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–CBOE–2017–066. 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 Web site (http://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 Web site 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 

10:00 a.m. and 3:00 p.m. Copies of the 

filing also will be available for 

inspection and copying at the principal 

office of the Exchange. All comments 

received will be posted without change. 

Persons submitting comments are 

cautioned that we do not redact or edit 

personal identifying information from 

comment submissions. You should 

submit only information that you wish 

to make available publicly. All 

submissions should refer to File 

Number SR–CBOE–2017–066 and 

should be submitted on or before 

November 24, 2017. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Eduardo A. Aleman, 

Assistant Secretary. 

[FR Doc. 2017–23927 Filed 11–2–17; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–81977; File No. SR– 

NYSEArca–2017–36] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Designation of 

Longer Period for Commission Action 

on Proceedings To Determine Whether 

To Approve or Disapprove a Proposed 

Rule Change To Adopt NYSE Arca 

Equities Rule 8.900 To Permit Listing 

and Trading of Managed Portfolio 

Shares and To List and Trade Shares 

of the Royce Pennsylvania ETF, Royce 

Premier ETF, and Royce Total Return 

ETF Under Proposed NYSE Arca 

Equities Rule 8.900 

October 30, 2017. 

On April 14, 2017, NYSE Arca, Inc. 

(‘‘Exchange’’ or ‘‘NYSE Arca’’) filed 

with the Securities and Exchange 

Commission (‘‘Commission’’), pursuant 

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

Exchange Act of 1934 (‘‘Exchange 

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

proposed rule change to: (1) Adopt 

NYSE Arca Equities Rule 8.900 

(Managed Portfolio Shares); and (2) list 

and trade shares of the Royce 

Pennsylvania ETF, Royce Premier ETF, 

and Royce Total Return ETF under 

proposed NYSE Arca Equities Rule 

8.900. The proposed rule change was 

published for comment in the Federal 

Register on May 4, 2017.3 On June 15, 

2017, pursuant to Section 19(b)(2) of the 

Exchange Act,4 the Commission 

designated a longer period within which 

to approve the proposed rule change, 

disapprove the proposed rule change, or 

institute proceedings to determine 

whether to disapprove the proposed 

rule change.5 The Commission received 

four comments on the proposed rule 

change.6 On July 31, 2017, the 

Commission instituted proceedings 

under Section 19(b)(2)(B) of the 

Exchange Act 7 to determine whether to 

approve or disapprove the proposed 

rule change.8 Since then, the 

Commission has received five 

additional comments on the proposed 

rule change.9

Section 19(b)(2) of the Act 10 provides 

that, after initiating proceedings, the 

Commission shall issue an order 

approving or disapproving the proposed 

rule change not later than 180 days after 

the date of publication of notice of filing 

of the proposed rule change. The 

Commission, however, may extend the 

period for issuing an order approving or 

disapproving the proposed rule change 

by not more than 60 days if the 


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