82_FR_15304 82 FR 15247 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the MDX Fees Schedule

82 FR 15247 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the MDX Fees Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 57 (March 27, 2017)

Page Range15247-15249
FR Document2017-05922

Federal Register, Volume 82 Issue 57 (Monday, March 27, 2017)
[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Notices]
[Pages 15247-15249]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05922]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80286; File No. SR-CBOE-2017-022]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend the MDX Fees Schedule

March 21, 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 March 14, 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.
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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

    Chicago Board Options Exchange, Incorporated (the ``Exchange'' or 
``CBOE'') proposes to amend user fees for the Complex Order Book 
(``COB'') Data Feed. The text of the proposed rule change is 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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to make a number of changes to the Fees 
Schedule of the Exchange's affiliate Market Data Express, LLC 
(``MDX'').\3\ The purpose of the proposed rule change is to amend user 
fees for the Best Bid and Offer (``BBO'') data feed. This data feed is 
made available by MDX.
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    \3\ The Exchange initially filed the proposed fee changes on 
March 1, 2017 (SR-CBOE-2017-020). On March 14, 2017, the Exchange 
withdrew that filing and submitted this filing.
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BBO Data Feed
    The BBO Data Feed is a real-time data feed that includes the 
following information: (i) Outstanding quotes and standing orders at 
the best available price level on each side of the market; (ii) 
executed trades time, size, and price; (iii) totals of customer versus 
non-customer contracts at the BBO; (iv) all-or-none contingency orders 
priced better than or equal to the BBO; (v) expected opening price and 
expected opening size; (vi) end-of-day summaries by product, including 
open, high, low, and closing price during the trading session; (vi) 
recap messages any time there is a change in the open, high, low or 
last sale price of a listed option, (vii) Complex Order Book (``COB'') 
information; and (viii) product IDs and codes for all listed options 
contracts. The quote and last sale data contained in the BBO data feed 
is identical to the data sent to the Options Price Reporting Authority 
for redistribution to the public.
Background
    The Floor Broker Workstation (``FBW'') is an order management tool 
used by CBOE Floor Brokers to handle orders on the trading floor of the 
Exchange. Through February 28, 2017, FBW was a third-party facility of 
the Exchange. CBOE made the BBO data feed available to Floor Brokers 
that used FBW at no cost, apart from the applicable FBW login fees 
($450 per login ID). Floor Brokers used the BBO Data Feed via FBW 
primarily to comply with customer priority obligations, such as those 
outlined in CBOE Rule 6.45 (as mentioned above, the BBO data includes 
customer contracts at the BBO). Floor Brokers who receive the BBO data 
feed via FBW (as a facility of CBOE) are not considered ``Customers'' 
of MDX to whom the BBO Data Fee applies (unless the Floor Broker has a 
separate market data agreement in place with MDX) and accordingly are 
not charged the BBO Data Fee.\4\
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    \4\ A Customer is any person, company or other entity that, 
pursuant to a market data agreement with MDX, is entitled to receive 
data, either directly from MDX or through an authorized 
redistributor (i.e., a Customer or an extranet service provider), 
whether that data is distributed externally or used internally. 
Floor Brokers receiving the BBO Data Feed from CBOE via FBW do not 
receive the feed via an approved redistributor. The MDX fee schedule 
for CBOE data is located at https://www.cboe.org/MDX/CSM/OBOOKMain.aspx.
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Fees
    Prior to the beginning of trading on March 1, 2017, the Exchange 
will no longer offer FBWs to its Trading Permit Holders (``TPHs'') and 
will deactivate FBW logins on the trading floor.\5\ As of March 1, 
2017, Floor Brokers will need another mechanism through which they may 
access the BBO Data Feed. The Exchange proposes to provide a reduced 
cost version of the BBO Data Feed if [sic] to Floor Brokers that elect 
to receive the feed through a third-party provided device so that they 
can meet their customer priority obligations.
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    \5\ See CBOE Regulatory Circular RG16-195.
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    The Exchange is proposing a fee of $100 per month, per Approved 
Third-Party Device, for Floor Broker Users accessing the BBO data feed 
on the Exchange floor. Floor Broker User fees are payable only for CBOE 
Floor Brokers accessing the BBO data feed via Approved Third-Party 
Devices for managing and executing orders on the CBOE trading floor. An 
``Approved Third-Party Device'' means any computer, workstation or 
other item of equipment, fixed or portable, that receives, accesses 
and/or displays data

[[Page 15248]]

in visual, audible or other form that has been provided by a third-
party and that has been approved, by CBOE, for use on the CBOE trading 
floor. A ``Floor Broker User'' is a person or entity registered with 
CBOE as a floor broker pursuant to CBOE Rules. Floor Broker Users may 
directly interact with the CBOE Hybrid Order Handling System and view 
and manipulate data using their Approved Third-Party Devices, but not 
save, copy, export or transfer the data or any results of a 
manipulation to any other computer hardware, software or media, except 
for printing it to paper or other non-magnetic media.
    In addition, the Exchange proposes to clarify the definition of 
Customer in the BBO section of the MDX Fee Schedule does not include a 
third-party vendor of an Approved Third-Party Device, as defined below, 
unless it has a market data agreement in place with MDX.
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.\6\ Specifically, the 
Exchange believes the proposed rule change is consistent with Section 
6(b)(4) of the Act,\7\ which requires that Exchange rules provide for 
the equitable allocation of reasonable dues, fees, and other charges 
among its Trading Permit Holders and other persons using its 
facilities. The Exchange also believes the proposed rule change is 
consistent with the Section 6(b)(5) \8\ requirement that the rules of 
an exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
    \8\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes the proposed Floor Broker User Fee is 
equitable and not unfairly discriminatory because it would apply 
equally to all Floor Brokers using Approved Third-Party Devices on the 
Exchange trading floor. Furthermore, the Exchange believes it is 
reasonable, equitable and not unfairly discriminatory to charge Floor 
Brokers more than ``external'' Display Only Service users, because, 
unlike those users, Floor Brokers use the BBO Data on the Exchange 
trading floor to manage and execute orders and directly interact with 
the Order Handling System. The Exchange believes it is reasonable, 
equitable and not unfairly discriminatory to charge Floor Brokers 
accessing the BBO data feed via Approved Third-Party Devices a fee of 
$100 per month as opposed to the $7000 per month fee for BBO Data Feed 
Customers because: (1) Unlike BBO Data Feed Customers, Floor Broker 
Users may not save, copy, export or transfer the BBO data and; (2) 
unlike BBO Data Feed Customers, Floor Broker Users generally use the 
data for the limited purpose of meeting their order priority 
obligations (as opposed to using the data for proprietary trading 
activity). The Exchange believes the Floor Broker User Fees are 
reasonable because it will no longer collect a $450 monthly fee for 
FBW, based on conversations with vendors of currently Approved Third-
Party Devices, the Exchange believes the $100 Floor Broker user fee 
plus the amount a Floor Broker pays the third party for use of an 
Approved Third-Party Device will be comparable to the previously 
assessed monthly FBW fees.

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 
will not have an impact on intramarket competition as the fee for BBO 
Data Feed via an Approved Third-Party Device will apply to all Floor 
Brokers equally who use Approved Third-Party Devices. Further, the 
proposed rule will have not have an impact on intramarket competition 
because the amount a Floor Broker previously paid for FBW, which 
included the BBO Data Feed, is comparable to the amount it will pay for 
access to the BBO Data Feed through an Approved Third-Party Device plus 
the separate payment to the third-party vendor for use of the device.
    The Exchange does not believe that the proposed change will cause 
any unnecessary burden on intermarket competition because the proposed 
change only affects trading on the Exchange's trading floor. To the 
extent that the proposed changes make the Exchange a more attractive 
marketplace for market participants at other exchanges, such market 
participants are welcome to become CBOE market participants.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \9\ and paragraph (f) of Rule 19b-4 \10\ 
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.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f).
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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 [email protected]. Please include 
File No. SR-CBOE-2017-022 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 No. SR-CBOE-2017-022. 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

[[Page 15249]]

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; the Commission does not edit personal identifying 
information from submissions. You should submit only information that 
you wish to make available publicly. All submissions should refer to 
File No. SR-CBOE-2017-022, and should be submitted on or before April 
17, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05922 Filed 3-24-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices                                                      15247

                                                    public in accordance with the                           Data Feed. The text of the proposed rule              Authority for redistribution to the
                                                    provisions of 5 U.S.C. 552, will be                     change is available on the Exchange’s                 public.
                                                    available for Web site viewing and                      Web site (http://www.cboe.com/
                                                                                                                                                                  Background
                                                    printing in the Commission’s Public                     AboutCBOE/
                                                    Reference Room, 100 F Street NE.,                       CBOELegalRegulatoryHome.aspx), at                        The Floor Broker Workstation
                                                    Washington, DC 20549 on official                        the Exchange’s Office of the Secretary,               (‘‘FBW’’) is an order management tool
                                                    business days between the hours of                      and at the Commission’s Public                        used by CBOE Floor Brokers to handle
                                                    10:00 a.m. and 3:00 p.m. Copies of the                  Reference Room.                                       orders on the trading floor of the
                                                    filing also will be available for                                                                             Exchange. Through February 28, 2017,
                                                                                                            II. Self-Regulatory Organization’s                    FBW was a third-party facility of the
                                                    inspection and copying at the principal
                                                                                                            Statement of the Purpose of, and                      Exchange. CBOE made the BBO data
                                                    office of the Exchange. All comments
                                                    received will be posted without change;                 Statutory Basis for, the Proposed Rule                feed available to Floor Brokers that used
                                                    the Commission does not edit personal                   Change                                                FBW at no cost, apart from the
                                                    identifying information from                               In its filing with the Commission, the             applicable FBW login fees ($450 per
                                                    submissions. You should submit only                     Exchange included statements                          login ID). Floor Brokers used the BBO
                                                    information that you wish to make                       concerning the purpose of and basis for               Data Feed via FBW primarily to comply
                                                    available publicly. All submissions                     the proposed rule change and discussed                with customer priority obligations, such
                                                    should refer to File Number SR–                         any comments it received on the                       as those outlined in CBOE Rule 6.45 (as
                                                    NYSEMKT–2017–14 and should be                           proposed rule change. The text of these               mentioned above, the BBO data
                                                    submitted on or before April 17, 2017.                  statements may be examined at the                     includes customer contracts at the
                                                                                                            places specified in Item IV below. The                BBO). Floor Brokers who receive the
                                                      For the Commission, by the Division of
                                                    Trading and Markets, pursuant to delegated              Exchange has prepared summaries, set                  BBO data feed via FBW (as a facility of
                                                    authority.16                                            forth in sections A, B, and C below, of               CBOE) are not considered ‘‘Customers’’
                                                    Eduardo A. Aleman,                                      the most significant aspects of such                  of MDX to whom the BBO Data Fee
                                                    Assistant Secretary.                                    statements.                                           applies (unless the Floor Broker has a
                                                                                                                                                                  separate market data agreement in place
                                                    [FR Doc. 2017–05920 Filed 3–24–17; 8:45 am]             A. Self-Regulatory Organization’s                     with MDX) and accordingly are not
                                                    BILLING CODE 8011–01–P                                  Statement of the Purpose of, and the                  charged the BBO Data Fee.4
                                                                                                            Statutory Basis for, the Proposed Rule
                                                                                                            Change                                                Fees
                                                    SECURITIES AND EXCHANGE                                                                                          Prior to the beginning of trading on
                                                    COMMISSION                                              1. Purpose
                                                                                                                                                                  March 1, 2017, the Exchange will no
                                                    [Release No. 34–80286; File No. SR–CBOE–                   The Exchange proposes to make a                    longer offer FBWs to its Trading Permit
                                                    2017–022]                                               number of changes to the Fees Schedule                Holders (‘‘TPHs’’) and will deactivate
                                                                                                            of the Exchange’s affiliate Market Data               FBW logins on the trading floor.5 As of
                                                    Self-Regulatory Organizations;                          Express, LLC (‘‘MDX’’).3 The purpose of               March 1, 2017, Floor Brokers will need
                                                    Chicago Board Options Exchange,                         the proposed rule change is to amend                  another mechanism through which they
                                                    Incorporated; Notice of Filing and                      user fees for the Best Bid and Offer                  may access the BBO Data Feed. The
                                                    Immediate Effectiveness of a Proposed                   (‘‘BBO’’) data feed. This data feed is                Exchange proposes to provide a reduced
                                                    Rule Change To Amend the MDX Fees                       made available by MDX.                                cost version of the BBO Data Feed if
                                                    Schedule                                                                                                      [sic] to Floor Brokers that elect to
                                                                                                            BBO Data Feed
                                                    March 21, 2017.                                            The BBO Data Feed is a real-time data              receive the feed through a third-party
                                                       Pursuant to Section 19(b)(1) of the                  feed that includes the following                      provided device so that they can meet
                                                    Securities Exchange Act of 1934 (the                    information: (i) Outstanding quotes and               their customer priority obligations.
                                                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                           The Exchange is proposing a fee of
                                                                                                            standing orders at the best available
                                                    notice is hereby given that on March 14,                                                                      $100 per month, per Approved Third-
                                                                                                            price level on each side of the market;
                                                    2017, Chicago Board Options Exchange,                                                                         Party Device, for Floor Broker Users
                                                                                                            (ii) executed trades time, size, and price;
                                                    Incorporated (the ‘‘Exchange’’ or                                                                             accessing the BBO data feed on the
                                                                                                            (iii) totals of customer versus non-
                                                    ‘‘CBOE’’) filed with the Securities and                                                                       Exchange floor. Floor Broker User fees
                                                                                                            customer contracts at the BBO; (iv) all-
                                                    Exchange Commission (the                                                                                      are payable only for CBOE Floor Brokers
                                                                                                            or-none contingency orders priced
                                                    ‘‘Commission’’) the proposed rule                                                                             accessing the BBO data feed via
                                                                                                            better than or equal to the BBO; (v)
                                                    change as described in Items I, II, and                                                                       Approved Third-Party Devices for
                                                                                                            expected opening price and expected
                                                    III below, which Items have been                                                                              managing and executing orders on the
                                                                                                            opening size; (vi) end-of-day summaries
                                                    prepared by the Exchange. The                                                                                 CBOE trading floor. An ‘‘Approved
                                                                                                            by product, including open, high, low,
                                                    Commission is publishing this notice to                                                                       Third-Party Device’’ means any
                                                                                                            and closing price during the trading
                                                    solicit comments on the proposed rule                                                                         computer, workstation or other item of
                                                                                                            session; (vi) recap messages any time
                                                    change from interested persons.                                                                               equipment, fixed or portable, that
                                                                                                            there is a change in the open, high, low
                                                                                                                                                                  receives, accesses and/or displays data
                                                    I. Self-Regulatory Organization’s                       or last sale price of a listed option, (vii)
                                                    Statement of the Terms of Substance of                  Complex Order Book (‘‘COB’’)                             4 A Customer is any person, company or other

                                                    the Proposed Rule Change                                information; and (viii) product IDs and               entity that, pursuant to a market data agreement
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            codes for all listed options contracts.               with MDX, is entitled to receive data, either directly
                                                       Chicago Board Options Exchange,                      The quote and last sale data contained                from MDX or through an authorized redistributor
                                                    Incorporated (the ‘‘Exchange’’ or                       in the BBO data feed is identical to the              (i.e., a Customer or an extranet service provider),
                                                    ‘‘CBOE’’) proposes to amend user fees                                                                         whether that data is distributed externally or used
                                                                                                            data sent to the Options Price Reporting              internally. Floor Brokers receiving the BBO Data
                                                    for the Complex Order Book (‘‘COB’’)                                                                          Feed from CBOE via FBW do not receive the feed
                                                                                                               3 The Exchange initially filed the proposed fee    via an approved redistributor. The MDX fee
                                                      16 17 CFR 200.30–3(a)(12).                            changes on March 1, 2017 (SR–CBOE–2017–020).          schedule for CBOE data is located at https://
                                                      1 15 U.S.C. 78s(b)(1).                                                                                      www.cboe.org/MDX/CSM/OBOOKMain.aspx.
                                                                                                            On March 14, 2017, the Exchange withdrew that
                                                      2 17 CFR 240.19b–4.                                   filing and submitted this filing.                        5 See CBOE Regulatory Circular RG16–195.




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                                                    15248                          Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices

                                                    in visual, audible or other form that has                Approved Third-Party Devices a fee of                 III. Date of Effectiveness of the
                                                    been provided by a third-party and that                  $100 per month as opposed to the $7000                Proposed Rule Change and Timing for
                                                    has been approved, by CBOE, for use on                   per month fee for BBO Data Feed                       Commission Action
                                                    the CBOE trading floor. A ‘‘Floor Broker                 Customers because: (1) Unlike BBO Data                   The foregoing rule change has become
                                                    User’’ is a person or entity registered                  Feed Customers, Floor Broker Users                    effective pursuant to Section 19(b)(3)(A)
                                                    with CBOE as a floor broker pursuant to                  may not save, copy, export or transfer                of the Act 9 and paragraph (f) of Rule
                                                    CBOE Rules. Floor Broker Users may                       the BBO data and; (2) unlike BBO Data                 19b–4 10 thereunder. At any time within
                                                    directly interact with the CBOE Hybrid                   Feed Customers, Floor Broker Users                    60 days of the filing of the proposed rule
                                                    Order Handling System and view and                       generally use the data for the limited                change, the Commission summarily may
                                                    manipulate data using their Approved                     purpose of meeting their order priority               temporarily suspend such rule change if
                                                    Third-Party Devices, but not save, copy,                 obligations (as opposed to using the data             it appears to the Commission that such
                                                    export or transfer the data or any results               for proprietary trading activity). The                action is necessary or appropriate in the
                                                    of a manipulation to any other computer                  Exchange believes the Floor Broker User               public interest, for the protection of
                                                    hardware, software or media, except for                  Fees are reasonable because it will no                investors, or otherwise in furtherance of
                                                    printing it to paper or other non-                       longer collect a $450 monthly fee for                 the purposes of the Act. If the
                                                    magnetic media.                                          FBW, based on conversations with                      Commission takes such action, the
                                                      In addition, the Exchange proposes to                  vendors of currently Approved Third-                  Commission will institute proceedings
                                                    clarify the definition of Customer in the                Party Devices, the Exchange believes the              to determine whether the proposed rule
                                                    BBO section of the MDX Fee Schedule                      $100 Floor Broker user fee plus the                   change should be approved or
                                                    does not include a third-party vendor of                 amount a Floor Broker pays the third                  disapproved.
                                                    an Approved Third-Party Device, as
                                                                                                             party for use of an Approved Third-                   IV. Solicitation of Comments
                                                    defined below, unless it has a market
                                                                                                             Party Device will be comparable to the
                                                    data agreement in place with MDX.                                                                                Interested persons are invited to
                                                                                                             previously assessed monthly FBW fees.
                                                    2. Statutory Basis                                                                                             submit written data, views, and
                                                                                                             B. Self-Regulatory Organization’s                     arguments concerning the foregoing,
                                                       The Exchange believes the proposed                    Statement on Burden on Competition                    including whether the proposed rule
                                                    rule change is consistent with the                                                                             change is consistent with the Act.
                                                    Securities Exchange Act of 1934 (the                       The Exchange does not believe that                  Comments may be submitted by any of
                                                    ‘‘Act’’) and the rules and regulations                   the proposed rule change will impose                  the following methods:
                                                    thereunder applicable to the Exchange                    any burden on competition that is not
                                                    and, in particular, the requirements of                  necessary or appropriate in furtherance               Electronic Comments
                                                    Section 6(b) of the Act.6 Specifically,                  of the purposes of the Act. The                         • Use the Commission’s Internet
                                                    the Exchange believes the proposed rule                  proposed rule change will not have an                 comment form (http://www.sec.gov/
                                                    change is consistent with Section 6(b)(4)                impact on intramarket competition as                  rules/sro.shtml); or
                                                    of the Act,7 which requires that                         the fee for BBO Data Feed via an                        • Send an email to rule-comments@
                                                    Exchange rules provide for the equitable                 Approved Third-Party Device will apply                sec.gov. Please include File No. SR–
                                                    allocation of reasonable dues, fees, and                 to all Floor Brokers equally who use                  CBOE–2017–022 on the subject line.
                                                    other charges among its Trading Permit                   Approved Third-Party Devices. Further,
                                                                                                                                                                   Paper Comments
                                                    Holders and other persons using its                      the proposed rule will have not have an
                                                    facilities. The Exchange also believes                   impact on intramarket competition                        • Send paper comments in triplicate
                                                    the proposed rule change is consistent                   because the amount a Floor Broker                     to Secretary, Securities and Exchange
                                                    with the Section 6(b)(5) 8 requirement                   previously paid for FBW, which                        Commission, 100 F Street NE.,
                                                    that the rules of an exchange not be                     included the BBO Data Feed, is                        Washington, DC 20549–1090.
                                                    designed to permit unfair                                comparable to the amount it will pay for              All submissions should refer to File No.
                                                    discrimination between customers,                        access to the BBO Data Feed through an                SR–CBOE–2017–022. This file number
                                                    issuers, brokers, or dealers.                            Approved Third-Party Device plus the                  should be included on the subject line
                                                       The Exchange believes the proposed                    separate payment to the third-party                   if email is used. To help the
                                                    Floor Broker User Fee is equitable and                   vendor for use of the device.                         Commission process and review your
                                                    not unfairly discriminatory because it                                                                         comments more efficiently, please use
                                                                                                               The Exchange does not believe that
                                                    would apply equally to all Floor Brokers                                                                       only one method. The Commission will
                                                                                                             the proposed change will cause any
                                                    using Approved Third-Party Devices on                                                                          post all comments on the Commission’s
                                                                                                             unnecessary burden on intermarket
                                                    the Exchange trading floor.                                                                                    Internet Web site (http://www.sec.gov/
                                                                                                             competition because the proposed
                                                    Furthermore, the Exchange believes it is                                                                       rules/sro.shtml). Copies of the
                                                                                                             change only affects trading on the
                                                    reasonable, equitable and not unfairly                                                                         submission, all subsequent
                                                                                                             Exchange’s trading floor. To the extent
                                                    discriminatory to charge Floor Brokers                                                                         amendments, all written statements
                                                                                                             that the proposed changes make the
                                                    more than ‘‘external’’ Display Only                                                                            with respect to the proposed rule
                                                                                                             Exchange a more attractive marketplace
                                                    Service users, because, unlike those                                                                           change that are filed with the
                                                                                                             for market participants at other
                                                    users, Floor Brokers use the BBO Data                                                                          Commission, and all written
                                                                                                             exchanges, such market participants are
                                                    on the Exchange trading floor to manage                                                                        communications relating to the
                                                                                                             welcome to become CBOE market
                                                    and execute orders and directly interact                                                                       proposed rule change between the
                                                                                                             participants.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    with the Order Handling System. The                                                                            Commission and any person, other than
                                                    Exchange believes it is reasonable,                      C. Self-Regulatory Organization’s                     those that may be withheld from the
                                                    equitable and not unfairly                               Statement on Comments on the                          public in accordance with the
                                                    discriminatory to charge Floor Brokers                   Proposed Rule Change Received From                    provisions of 5 U.S.C. 552, will be
                                                    accessing the BBO data feed via                          Members, Participants, or Others                      available for Web site viewing and
                                                                                                                                                                   printing in the Commission’s Public
                                                      6 15 U.S.C. 78f(b).                                      The Exchange neither solicited nor
                                                      7 15 U.S.C. 78f(b)(4).                                 received comments on the proposed                       9 15   U.S.C. 78s(b)(3)(A).
                                                      8 15 U.S.C. 78f(b)(5).                                 rule change.                                            10 17   CFR 240.19b–4(f).



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                                                                                   Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices                                                      15249

                                                    Reference Room, 100 F Street NE.,                       effective March 10, 2017.4 The proposed                 liquidity from the Exchange and that are
                                                    Washington, DC 20549, on official                       rule change is available on the                         designated as Retail Orders.
                                                    business days between the hours of                      Exchange’s Web site at www.nyse.com,
                                                                                                                                                                    Tape B Orders
                                                    10:00 a.m. and 3:00 p.m. Copies of the                  at the principal office of the Exchange,
                                                    filing also will be available for                       and at the Commission’s Public                             The Fee Schedule currently provides
                                                    inspection and copying at the principal                 Reference Room.                                         that a fee of $0.00285 per share is
                                                    office of the Exchange. All comments                                                                            charged for orders that take liquidity
                                                                                                            II. Self-Regulatory Organization’s                      from the Book in Tape B securities in
                                                    received will be posted without change;
                                                                                                            Statement of the Purpose of, and                        each of Tier 1, Tier 2, Tier 3, and Cross-
                                                    the Commission does not edit personal
                                                                                                            Statutory Basis for, the Proposed Rule                  Asset Tier 2 sections of the Fee
                                                    identifying information from
                                                                                                            Change                                                  Schedule, and for Limit Non-Displayed
                                                    submissions. You should submit only
                                                    information that you wish to make                                                                               Orders 7 that take liquidity from the
                                                                                                              In its filing with the Commission, the
                                                    available publicly. All submissions                                                                             Book in Tape B securities in each of Tier
                                                                                                            self-regulatory organization included
                                                    should refer to File No. SR–CBOE–                                                                               1, Tier 2 and Tier 3 of the Fee Schedule.
                                                                                                            statements concerning the purpose of,
                                                    2017–022, and should be submitted on                                                                            The Exchange proposes to increase this
                                                                                                            and basis for, the proposed rule change
                                                    or before April 17, 2017.                                                                                       fee to $0.0029 per share.
                                                                                                            and discussed any comments it received
                                                      For the Commission, by the Division of                on the proposed rule change. The text                   Lead Market Maker (‘‘LMM’’) 8
                                                    Trading and Markets, pursuant to delegated              of those statements may be examined at                  Transaction Fees
                                                    authority.11                                            the places specified in Item IV below.                    The Exchange currently charges a fee
                                                    Eduardo A. Aleman,                                      The Exchange has prepared summaries,                    of $0.00285 per share to LMMs for
                                                    Assistant Secretary.                                    set forth in sections A, B, and C below,                orders in primary listed securities that
                                                    [FR Doc. 2017–05922 Filed 3–24–17; 8:45 am]             of the most significant parts of such                   remove liquidity from the NYSE Arca
                                                    BILLING CODE 8011–01–P
                                                                                                            statements.                                             Book. The Exchange proposes to
                                                                                                            A. Self-Regulatory Organization’s                       increase this fee to $0.0029 per share.
                                                                                                            Statement of the Purpose of, and the                    Tape C Tier 2
                                                    SECURITIES AND EXCHANGE                                 Statutory Basis for, the Proposed Rule
                                                    COMMISSION                                                                                                         The Exchange proposes a new pricing
                                                                                                            Change
                                                                                                                                                                    tier—Tape C Tier 2—for securities with
                                                    [Release No. 34–80285; File No. SR–                     1. Purpose                                              a per share price at or above $1.00.
                                                    NYSEArca–2017–27]                                                                                                  As proposed, the Tape C Tier 2 would
                                                                                                              The Exchange proposes to amend the                    apply to ETP Holders and Market
                                                    Self-Regulatory Organizations; NYSE                     Fee Schedule, as described below, and                   Makers that, on a daily basis, measured
                                                    Arca, Inc.; Notice of Filing and                        implement the fee changes on March 10,                  monthly, directly execute providing
                                                    Immediate Effectiveness of Proposed                     2017.                                                   volume in Tape C Securities during the
                                                    Rule Change To Amend the NYSE Arca                      Mid-Point Liquidity Order—Securities                    billing month (‘‘Tape C Adding ADV’’)
                                                    Equities Schedule of Fees and                           $1.00 and Greater                                       that is equal to at least 0.20% of the US
                                                    Charges for Exchange Services                                                                                   Tape C CADV for the billing month over
                                                                                                              A Mid-Point Liquidity Order is                        the ETP Holder’s or Market Maker’s Q4
                                                    March 21, 2017.                                         defined in Rule 7.31(d)(3) as a Limit                   2016 Tape C Adding ADV taken as a
                                                       Pursuant to Section 19(b)(1) 1 of the                Order that is not displayed and does not                percentage of Tape C CADV. Such ETP
                                                    Securities Exchange Act of 1934 (the                    route, with a working price at the                      Holders and Market Makers would be
                                                    ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  midpoint of the Protected Best Bid and                  charged a fee of $0.0029 per share for
                                                    notice is hereby given that, on March                   Offer (‘‘PBBO’’).5                                      orders that take liquidity from the Book
                                                    10, 2017, NYSE Arca, Inc. (the                            The Exchange currently does not                       in Tape C Securities. For example, if an
                                                    ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with               charge a fee for MPL Orders in Tape A,                  ETP Holder’s Tape C Baseline % CADV
                                                    the Securities and Exchange                             Tape B and Tape C securities that                       during fourth quarter 2016 was 0.500%,
                                                    Commission (the ‘‘Commission’’) the                     remove liquidity from the Exchange that                 the ETP Holder would need a Tape C
                                                    proposed rule change as described in                    are designated as ‘‘Retail Orders.’’ 6 The              Adding ADV of at least 0.700% to meet
                                                    Items I, II, and III below, which Items                 Exchange proposes to charge a fee of                    the requirements for Tape C Tier 2. For
                                                    have been prepared by the self-                         $0.0010 per share in each of Tier 1, Tier               all other fees and credits, Tiered or
                                                    regulatory organization. The                            2 and Basic Rates sections of the Fee                   Basic Rates apply based on a firm’s
                                                    Commission is publishing this notice to                 Schedule for MPL Orders that remove                     qualifying levels.
                                                    solicit comments on the proposed rule                                                                              The Exchange recently adopted a
                                                    change from interested persons.                            4 The Exchange originally filed to amend the Fee     Tape C Tier credit of $0.0002 per share
                                                                                                            Schedule on February 28, 2017 (SR–NYSEArca–             for orders that provide liquidity to the
                                                    I. Self-Regulatory Organization’s                       2017–21) and withdrew such filing on March 10,          Book.9 That credit is applied in addition
                                                    Statement of the Terms of Substance of                  2017.                                                   to the ETP Holder’s or Market Maker’s
                                                    the Proposed Rule Change                                   5 See Rule 7.31(d)(3).
                                                                                                                                                                    Tiered or Basic Rate credit(s) except that
                                                                                                               6 Retail Orders are defined in the Fee Schedule as

                                                       The Exchange proposes to amend the                   orders designated as retail orders and that meet the
                                                                                                                                                                       7 A Limit Non-Displayed Order is a Limit Order
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    NYSE Arca Equities Schedule of Fees                     requirements of Rule 7.44(a)(3), but that are not
                                                                                                            executed in the Retail Liquidity Program. The Retail    that is not displayed and does not route. See Rule
                                                    and Charges for Exchange Services                       Liquidity Program is a pilot program designed to        7.31(d)(2).
                                                    (‘‘Fee Schedule’’). The Exchange                        attract additional retail order flow to the Exchange       8 The term ‘‘Lead Market Maker’’ is defined in

                                                    proposes to implement the fee changes                   for NYSE Arca-listed securities and securities          Rule 1.1(ccc) to mean a registered Market Maker
                                                                                                            traded pursuant to unlisted trading privileges while    that is the exclusive Designated Market Maker in
                                                                                                            also providing the potential for price improvement      listings for which the Exchange is the primary
                                                      11 17 CFR 200.30–3(a)(12).                            to such order flow. See Rule 7.44. See also             market.
                                                      1 15 U.S.C. 78s(b)(1).                                Securities Exchange Act Release No. 71176                  9 See Securities Exchange Act Release No. 80032
                                                      2 15 U.S.C. 78a.
                                                                                                            (December 23, 2013), 78 FR 79524 (December 30,          (February 13, 2017), 82 FR 11076 (February 17,
                                                      3 17 CFR 240.19b–4.                                   2013) (SR–NYSEArca–2013–107).                           2017) (SR–NYSEArca–2017–10).



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Document Created: 2017-03-25 00:21:35
Document Modified: 2017-03-25 00:21:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 15247 

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