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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices
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 Commissions 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 offices 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 SRCboeEDGX2021010, and should be submitted on or before March 22, 2021.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.38
J. Matthew DeLesDernier, Assistant Secretary.
FR Doc. 202104090 Filed 22621; 8:45 am BILLING CODE 801101P

Exchange Act,4 subject to certain limitations, authorizes the Commission to conditionally or unconditionally exempt any person, security, or transaction, or any class thereof, from any provision of the Exchange Act or rule thereunder, if necessary or appropriate in the public interest and consistent with the protection of investors.
The Exchange filed a proposed rule change 5 under Section 19b of the Exchange Act to update various C2
Rules and Chapters to reflect changes to the Cboe Options rulebook. Namely, in the proposed rule change, the Exchange proposed to incorporate by reference rule changes made to each Cboe Options rule cross-referenced in the following C2 chapters or sections: Chapter 3, Section B TPH Registration; 6 Chapter 4, Section A Equity and ETP Options; 7
Chapter 4, Section B Index Options; 8
Chapter 5 Business Conduct; 9 Chapter 6, Section E Intermarket Linkage; 10
Chapter 6, Section F Exercises and Deliveries; 11 Chapter 7, Section A; 12
Chapter 7, Section B; 13 Chapter 9
Doing Business with the Public; 14
Chapter 10 Margin Requirements; 15
Chapter 1 Net Capital Requirements; 16
Chapter 12 Summary Suspension; 17
Chapter 13 Discipline; 18 Chapter 14
4 15

U.S.C. 78mma1.
Securities Exchange Act Release No. 87646
December 2, 2019, 84 FR 66938 December 6, 2019 SRC22019025.
6 Incorporates by reference Cboe Options Chapter 3, Section B.
7 Incorporates by reference Cboe Options Chapter 4, Section A.
8 Incorporates by reference Cboe Options Chapter 4, Section B.
9 Incorporates by reference Cboe Options Chapter 8.
10 Incorporates by reference Cboe Options Chapter 5, Section E.
11 Incorporates by reference Cboe Options Chapter 6, Section B.
12 Incorporates by reference Cboe Options Chapter 7, Section A.
13 Incorporates by reference Cboe Options Chapter 7, Section B.
14 Incorporates by reference Cboe Options Chapter 9. See also Securities Exchange Act Release No. 87646 December 2, 2019, 84 FR 66938
December 6, 2019 SRC22019025, which relocated former Rule 3.19 to Rule 9.20 in order to include Cboe Options Rule 9.20 in C2 Chapter 9s incorporation of Cboe Options Chapter 9 by reference, as former Rule 3.19 is identical to Cboe Options Rule 9.20 and it is within the same category of exchange rules otherwise incorporated into C2 Chapter 9 by reference to Cboe Options Chapter 9 i.e., rule related to doing business with the public.
15 Incorporates by reference Cboe Options Chapter 10.
16 Incorporates by reference Cboe Options Chapter 11.
17 Incorporates by reference Cboe Options Chapter 12.
18 Incorporates by reference Cboe Options Chapter 13.
5 See
SECURITIES AND EXCHANGE
COMMISSION
Release No. 3491193

Order Granting Application by Cboe C2
Exchange, Inc. for Exemption Pursuant to Section 36a of the Exchange Act From the Rule Filing Requirements of Section 19b of the Exchange Act With Respect to Certain Rules Incorporated by Reference February 23, 2021.

Cboe C2 Exchange, Inc. C2 or the Exchange has filed with the Securities and Exchange Commission the Commission an application for an exemption under Section 36a1 of the Securities Exchange Act of 1934
Exchange Act 1 from the rule filing requirements of Section 19b of the Exchange Act 2 with respect to certain rules of Cboe Exchange, Inc. Cboe that the Exchange seeks to incorporate by reference.3 Section 36a1 of the 38 17

CFR 200.303a12.
U.S.C. 78mma1.
2 15 U.S.C. 78sb.
3 See letter from Rebecca Tenuta, Counsel, Cboe C2 Exchange, Inc. to Vanessa Countryman, Secretary, Commission, dated February 9, 2021
Exemptive Request.
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Arbitration; 19 and Chapter 15
Hearings and Review 20 the Cboe Incorporated Rules.
The Commission notes it previously granted C2 an exemption from the rule filing requirements of Section 19b of the Act for the rules of the Cboe set forth in the C2 rules referenced above.21
Since that time, the Cboe has renumbered and relocated the previously incorporated rules within its rulebook. As a result, C2 has submitted this exemptive request to reflect rule number changes in the Cboe Options rulebook. Specifically, the Exchange is now requesting, pursuant to Rule 012
under the Exchange Act,22 that the Commission grant an exemption from the rule filing requirements of Section 19b of the Exchange Act for changes to the Chapters 37 and 915 of the Exchanges rules that are effected solely by virtue of a change to a Cboe Incorporated Rule. The Exchange requests that it be permitted to incorporate by reference changes made to the Cboe Incorporated Rules without the need for the Exchange to file separately the same proposed rule change pursuant to Section 19b of the Exchange Act.23
The Exchange represents that the Cboe Incorporated Rules are not trading rules.24 Moreover, the Exchange states that it proposes to incorporate by reference a category of rules rather than individual rules within a category.25
The Exchange also represents that, as a condition of this exemption, the Exchange will provide written notice to its applicants and members whenever Cboe proposes a change to a Cboe Incorporated Rule.26
According to the Exchange, this exemption is necessary and appropriate to maintain consistency between C2
rules and the Cboe Incorporated Rules, thus helping to ensure identical regulation of C2 Permit Holders that are also Cboe Trading Permit Holders with respect to the incorporated provisions as 19 Incorporates by reference Cboe Options Chapter 14.
20 Incorporates by reference Cboe Options Chapter 15.
21 See Securities Exchange Act Release Nos.
61152 December 10, 2009, 74 FR 66699 December 16, 2009; and 80339 March 29, 2017, 82 FR 16442
April 4, 2017.
22 17 CFR 240.012.
23 See Exemptive Request, supra note 3.
24 Id.
25 Id.
26 The Exchange states that it will provide such notice via a posting on the same website location where the Exchange posts its own rule filings pursuant to Rule 19b4l within the timeframe required by such Rule. In addition, the Exchange states that the website posting will include a link to the location on Cboes website where the applicable proposed rule change is posted. Id.

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