82_FR_48750 82 FR 48550 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of a Proposed Rule Change Relating to the Creation of an Electronic-Only Order Type

82 FR 48550 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of a Proposed Rule Change Relating to the Creation of an Electronic-Only Order Type

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 200 (October 18, 2017)

Page Range48550-48552
FR Document2017-22537

Federal Register, Volume 82 Issue 200 (Wednesday, October 18, 2017)
[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Notices]
[Pages 48550-48552]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22537]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81862; File No. SR-CBOE-2017-064]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing of a Proposed Rule Change Relating to 
the Creation of an Electronic-Only Order Type

October 12, 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 September 29, 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

    The Exchange proposes a rule change to create an electronic-only 
order type.
    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
    Exchange Rules describe the process by which orders sent into the 
CBOE will execute electronically and/or via manual handling on the 
Exchange floor. Orders entered by Trading Permit Holders (``TPHs'') 
that are marketable against the Exchange's disseminated quotation may 
execute automatically \3\ or after an electronic auction process such 
as the Exchange's Simple Auction Liaison (``SAL'').\4\ In addition, 
eligible orders may be entered into the Exchanges electronic order 
book.\5\
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    \3\ See CBOE Rules 6.2B, 6.13, 6.14A, and 6.53A.
    \4\ See CBOE Rule 6.13A.
    \5\ See CBOE Rule 7.4.
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    Orders that do not execute via electronic processing and are not 
entered into the electronic book are, by default, routed to either a 
Public Automated Routing (``PAR'') workstation or an Order Management 
Terminal (``OMT'') designated by the TPH entering the order. Orders 
routed to a PAR or OMT can then be executed in open outcry on the 
Exchange floor. CBOE Rule 6.12 describes the process for routing orders 
through the Exchange's order handling system (``OHS''). Rule 6.12 
states, ``The order handling system is a feature within the Hybrid 
System to route orders for automatic execution, book entry, open 
outcry, or further handling by a broker, agent, or PAR Official, in a 
manner consistent with Exchange Rules and the Act (e.g., resubmit the 
order to the Hybrid System for automatic execution, route the order 
from a booth to a PAR workstation, cancel the order, contact the 
customer for further instructions, and/or otherwise handle the order in 
accordance with Exchange Rules and the order's terms).''
    Rule 6.12(a) states, ``Orders may route through the order handling 
system for electronic processing in the Hybrid System or to a 
designated order management terminal or PAR Workstation in any of the 
circumstances described below. Routing designations may be established 
based on various parameters defined by the Exchange, order entry firm 
or Trading Permit Holder, as applicable.'' Rule 6.12(a)(1) further 
states, ``Under Rules 6.2B, 6.13 and 6.53C, orders or the remaining 
balance of orders initially routed from an order entry firm for 
electronic processing that are not eligible for automatic execution or 
book entry will by default route to a PAR workstation designated by the 
order entry firm. If an order entry firm has not designated a PAR 
workstation or if a PAR workstation is unavailable, the remaining 
balance will route to an order management terminal designated by the 
order entry firm. If it is not eligible to route to a PAR workstation 
or order management terminal designated by the order entry firm, the 
remaining balance will be returned to the order entry firm.''
    Rule 6.12A describes PAR functionality. Rule 6.12A specifies that 
orders will be routed to PAR in accordance with TPH and Exchange order 
routing parameters. And the orders terms. [sic] Rule 6.12A further 
specifies that once an order is on PAR the PAR user may (a) submit the 
order electronically, (b) execute the order in open outcry, (c) route 
the order to a designated OMT or return the order to the order entry 
firm, or (d) route the order to an away exchange.
Proposed Rule
    The Exchange is proposing a new type of order within CBOE Rule 
6.53, electronic-only. The proposed rule states, ``An electronic-only 
order is an order to buy or sell that is to be executed in whole or in 
part via electronic processing on the Exchange without routing the 
order to a PAR workstation or an order management terminal for manual 
handling on the Exchange floor. Electronic-only orders will be 
cancelled if routing for manual handling would be required under 
Exchange Rules.''
    Exchange systems will recognize electronic-only orders and will 
only allow the orders to (a) auto-execute electronically, (b) route to 
an electronic exchange auction process, or (c) route to the electronic 
book. If Exchange systems

[[Page 48551]]

determine that, based on the existing routing parameters, an 
electronic-only order would route to a PAR or a OMT, the order will be 
cancelled back to the TPH who entered the order. The cancellation will 
be accompanied by a reason code that indicates it occurred because the 
order was designated electronic-only.
    As noted above Exchange Rules specify that order routing 
designations may be established based on various parameters defined by 
the Exchange, order-entry firm or TPH as applicable. Functionally, 
``electronic-only'' will act as an order handling designation from the 
TPH that will prevent an order from routing to a PAR or OMT. TPHs are 
today free to set routing designations for their orders and move or 
cancel orders as needed. In today's world, if an order is routed to a 
PAR or OMT and TPH who entered the order prefers the order not be 
handled manually, they are free to resubmit the order electronically or 
cancel the order. However, today, it could result in a manual and time-
consuming process of contacting a PAR broker or OMT operator and 
informing them of their instructions regarding an order. As such, the 
electronic order type is simply creating an easy and convenient way for 
market participants to indicate they want a specific order to avoid 
manual handling.
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 the 
Section 6(b)(5) \7\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitation 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. Additionally, 
the Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \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)(5).
    \8\ Id.
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    As mentioned above, electronic-only will act as an order routing 
designation and does not materially change how orders can be handled or 
processed today. The electronic-only designation will simply allow 
order entry firms and TPH to avoid potentially time-consuming steps of 
retrieving or resubmitting their orders from PAR or OMT. Accordingly 
the Rule change is specifically designed to remove impediments to and 
perfect the mechanism of a free and open market.
    The proposed rule will not permit unfair discrimination between 
customers, issuers, brokers, or dealers as it is available to any TPH 
who routes an order to the Exchange electronically. The electronic-only 
designation does not provide or remove any routing destinations or 
functionality TPHs do not already have today through less automated 
means. The electronic-only designation simply makes keeping an order in 
the electronic space faster and less labor intensive on TPHs.

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. Specifically, the 
electronic-only order designation will be available to all TPHs who 
route orders electronically to the exchange. Further, the electronic-
only designation acts only as a more convenient alternative to TPHs 
already defined ability to set their own routing parameters on the 
orders they send to the Exchange. As such, the Exchange does not 
anticipate the proposed change will result in a reduction of business 
or order flow to any market participant. Finally, the proposed change 
will not affect TPHs ability to route or request routing of orders to 
better priced markets outside CBOE.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the 
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the Exchange consents, the Commission will:
    A. By order approve or disapprove such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CBOE-2017-064 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2017-064. 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; 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 Number SR-CBOE-

[[Page 48552]]

2017-064 and should be submitted on or before November 8, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-22537 Filed 10-17-17; 8:45 am]
BILLING CODE 8011-01-P



                                               48550                     Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices

                                               printing in the Commission’s Public                     the Exchange’s Office of the Secretary,               the customer for further instructions,
                                               Reference Room, 100 F Street NE.,                       and at the Commission’s Public                        and/or otherwise handle the order in
                                               Washington, DC 20549 on official                        Reference Room.                                       accordance with Exchange Rules and
                                               business days between the hours of                                                                            the order’s terms).’’
                                                                                                       II. Self-Regulatory Organization’s                       Rule 6.12(a) states, ‘‘Orders may route
                                               10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                       Statement of the Purpose of, and                      through the order handling system for
                                               filing also will be available for
                                                                                                       Statutory Basis for, the Proposed Rule                electronic processing in the Hybrid
                                               inspection and copying at the principal
                                               office of the Exchange. All comments                    Change                                                System or to a designated order
                                               received will be posted without change;                    In its filing with the Commission, the             management terminal or PAR
                                               the Commission does not edit personal                   Exchange included statements                          Workstation in any of the circumstances
                                               identifying information from                            concerning the purpose of and basis for               described below. Routing designations
                                               submissions. You should submit only                     the proposed rule change and discussed                may be established based on various
                                               information that you wish to make                       any comments it received on the                       parameters defined by the Exchange,
                                               available publicly. All submissions                     proposed rule change. The text of these               order entry firm or Trading Permit
                                               should refer to File Number SR–                         statements may be examined at the                     Holder, as applicable.’’ Rule 6.12(a)(1)
                                               BatsEDGA–2017–26, and should be                         places specified in Item IV below. The                further states, ‘‘Under Rules 6.2B, 6.13
                                               submitted on or before November 8,                      Exchange has prepared summaries, set                  and 6.53C, orders or the remaining
                                               2017.                                                   forth in sections A, B, and C below, of               balance of orders initially routed from
                                                 For the Commission, by the Division of                the most significant aspects of such                  an order entry firm for electronic
                                               Trading and Markets, pursuant to delegated              statements.                                           processing that are not eligible for
                                               authority.47                                                                                                  automatic execution or book entry will
                                                                                                       A. Self-Regulatory Organization’s                     by default route to a PAR workstation
                                               Eduardo A. Aleman,                                      Statement of the Purpose of, and
                                               Assistant Secretary.                                                                                          designated by the order entry firm. If an
                                                                                                       Statutory Basis for, the Proposed Rule                order entry firm has not designated a
                                               [FR Doc. 2017–22518 Filed 10–17–17; 8:45 am]            Change                                                PAR workstation or if a PAR
                                               BILLING CODE 8011–01–P
                                                                                                       1. Purpose                                            workstation is unavailable, the
                                                                                                                                                             remaining balance will route to an order
                                                                                                       Background
                                               SECURITIES AND EXCHANGE                                                                                       management terminal designated by the
                                                                                                          Exchange Rules describe the process                order entry firm. If it is not eligible to
                                               COMMISSION
                                                                                                       by which orders sent into the CBOE will               route to a PAR workstation or order
                                               [Release No. 34–81862; File No. SR–CBOE–                execute electronically and/or via                     management terminal designated by the
                                               2017–064]                                               manual handling on the Exchange floor.                order entry firm, the remaining balance
                                                                                                       Orders entered by Trading Permit                      will be returned to the order entry
                                               Self-Regulatory Organizations;                          Holders (‘‘TPHs’’) that are marketable                firm.’’
                                               Chicago Board Options Exchange,                         against the Exchange’s disseminated                      Rule 6.12A describes PAR
                                               Incorporated; Notice of Filing of a                     quotation may execute automatically 3                 functionality. Rule 6.12A specifies that
                                               Proposed Rule Change Relating to the                    or after an electronic auction process                orders will be routed to PAR in
                                               Creation of an Electronic-Only Order                    such as the Exchange’s Simple Auction                 accordance with TPH and Exchange
                                               Type                                                    Liaison (‘‘SAL’’).4 In addition, eligible             order routing parameters. And the
                                               October 12, 2017.                                       orders may be entered into the                        orders terms. [sic] Rule 6.12A further
                                                  Pursuant to Section 19(b)(1) of the                  Exchanges electronic order book.5                     specifies that once an order is on PAR
                                               Securities Exchange Act of 1934 (the                       Orders that do not execute via                     the PAR user may (a) submit the order
                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  electronic processing and are not                     electronically, (b) execute the order in
                                               notice is hereby given that on                          entered into the electronic book are, by              open outcry, (c) route the order to a
                                               September 29, 2017, Chicago Board                       default, routed to either a Public                    designated OMT or return the order to
                                               Options Exchange, Incorporated (the                     Automated Routing (‘‘PAR’’)                           the order entry firm, or (d) route the
                                               ‘‘Exchange’’ or ‘‘CBOE’’) filed with the                workstation or an Order Management                    order to an away exchange.
                                               Securities and Exchange Commission                      Terminal (‘‘OMT’’) designated by the
                                                                                                                                                             Proposed Rule
                                               (the ‘‘Commission’’) the proposed rule                  TPH entering the order. Orders routed to
                                                                                                       a PAR or OMT can then be executed in                     The Exchange is proposing a new type
                                               change as described in Items I, II, and
                                                                                                       open outcry on the Exchange floor.                    of order within CBOE Rule 6.53,
                                               III below, which Items have been
                                                                                                       CBOE Rule 6.12 describes the process                  electronic-only. The proposed rule
                                               prepared by the Exchange. The
                                                                                                       for routing orders through the                        states, ‘‘An electronic-only order is an
                                               Commission is publishing this notice to
                                                                                                       Exchange’s order handling system                      order to buy or sell that is to be
                                               solicit comments on the proposed rule
                                                                                                       (‘‘OHS’’). Rule 6.12 states, ‘‘The order              executed in whole or in part via
                                               change from interested persons.
                                                                                                       handling system is a feature within the               electronic processing on the Exchange
                                               I. Self-Regulatory Organization’s                       Hybrid System to route orders for                     without routing the order to a PAR
                                               Statement of the Terms of Substance of                  automatic execution, book entry, open                 workstation or an order management
                                               the Proposed Rule Change                                outcry, or further handling by a broker,              terminal for manual handling on the
                                                  The Exchange proposes a rule change                  agent, or PAR Official, in a manner                   Exchange floor. Electronic-only orders
                                               to create an electronic-only order type.                consistent with Exchange Rules and the                will be cancelled if routing for manual
                                                  The text of the proposed rule change                 Act (e.g., resubmit the order to the                  handling would be required under
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                                               is also available on the Exchange’s Web                 Hybrid System for automatic execution,                Exchange Rules.’’
                                               site (http://www.cboe.com/AboutCBOE/                    route the order from a booth to a PAR                    Exchange systems will recognize
                                               CBOELegalRegulatoryHome.aspx), at                       workstation, cancel the order, contact                electronic-only orders and will only
                                                                                                                                                             allow the orders to (a) auto-execute
                                                 47 17 CFR 200.30–3(a)(12).                              3 See CBOE Rules 6.2B, 6.13, 6.14A, and 6.53A.      electronically, (b) route to an electronic
                                                 1 15 U.S.C. 78s(b)(1).                                  4 See CBOE Rule 6.13A.                              exchange auction process, or (c) route to
                                                 2 17 CFR 240.19b–4.                                     5 See CBOE Rule 7.4.                                the electronic book. If Exchange systems


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                                                                             Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices                                           48551

                                               determine that, based on the existing                       to permit unfair discrimination between               to be appropriate and publishes its
                                               routing parameters, an electronic-only                      customers, issuers, brokers, or dealers.              reasons for so finding or (ii) as to which
                                               order would route to a PAR or a OMT,                           As mentioned above, electronic-only                the Exchange consents, the Commission
                                               the order will be cancelled back to the                     will act as an order routing designation              will:
                                               TPH who entered the order. The                              and does not materially change how                      A. By order approve or disapprove
                                               cancellation will be accompanied by a                       orders can be handled or processed                    such proposed rule change, or
                                               reason code that indicates it occurred                      today. The electronic-only designation                  B. institute proceedings to determine
                                               because the order was designated                            will simply allow order entry firms and               whether the proposed rule change
                                               electronic-only.                                            TPH to avoid potentially time-                        should be disapproved.
                                                  As noted above Exchange Rules                            consuming steps of retrieving or                      IV. Solicitation of Comments
                                               specify that order routing designations                     resubmitting their orders from PAR or
                                                                                                           OMT. Accordingly the Rule change is                     Interested persons are invited to
                                               may be established based on various                                                                               submit written data, views, and
                                               parameters defined by the Exchange,                         specifically designed to remove
                                                                                                           impediments to and perfect the                        arguments concerning the foregoing,
                                               order-entry firm or TPH as applicable.                                                                            including whether the proposed rule
                                               Functionally, ‘‘electronic-only’’ will act                  mechanism of a free and open market.
                                                                                                              The proposed rule will not permit                  change is consistent with the Act.
                                               as an order handling designation from                                                                             Comments may be submitted by any of
                                               the TPH that will prevent an order from                     unfair discrimination between
                                                                                                           customers, issuers, brokers, or dealers as            the following methods:
                                               routing to a PAR or OMT. TPHs are
                                               today free to set routing designations for                  it is available to any TPH who routes an              Electronic Comments
                                                                                                           order to the Exchange electronically.
                                               their orders and move or cancel orders
                                                                                                           The electronic-only designation does                    • Use the Commission’s Internet
                                               as needed. In today’s world, if an order                                                                          comment form (http://www.sec.gov/
                                               is routed to a PAR or OMT and TPH                           not provide or remove any routing
                                                                                                           destinations or functionality TPHs do                 rules/sro.shtml); or
                                               who entered the order prefers the order                                                                             • Send an email to rule-comments@
                                               not be handled manually, they are free                      not already have today through less
                                                                                                                                                                 sec.gov. Please include File Number SR–
                                               to resubmit the order electronically or                     automated means. The electronic-only
                                                                                                                                                                 CBOE–2017–064 on the subject line.
                                               cancel the order. However, today, it                        designation simply makes keeping an
                                               could result in a manual and time-                          order in the electronic space faster and              Paper Comments
                                               consuming process of contacting a PAR                       less labor intensive on TPHs.                            • Send paper comments in triplicate
                                               broker or OMT operator and informing                        B. Self-Regulatory Organization’s                     to Secretary, Securities and Exchange
                                               them of their instructions regarding an                     Statement on Burden on Competition                    Commission, 100 F Street NE.,
                                               order. As such, the electronic order type                                                                         Washington, DC 20549–1090.
                                                                                                              The Exchange does not believe that
                                               is simply creating an easy and                              the proposed rule change will impose                  All submissions should refer to File
                                               convenient way for market participants                      any burden on competition that is not                 Number SR–CBOE–2017–064. This file
                                               to indicate they want a specific order to                   necessary or appropriate in furtherance               number should be included on the
                                               avoid manual handling.                                      of the purposes of the Act. Specifically,             subject line if email is used. To help the
                                                                                                           the electronic-only order designation                 Commission process and review your
                                               2. Statutory Basis
                                                                                                           will be available to all TPHs who route               comments more efficiently, please use
                                                  The Exchange believes the proposed                       orders electronically to the exchange.                only one method. The Commission will
                                               rule change is consistent with the                          Further, the electronic-only designation              post all comments on the Commission’s
                                               Securities Exchange Act of 1934 (the                        acts only as a more convenient                        Internet Web site (http://www.sec.gov/
                                               ‘‘Act’’) and the rules and regulations                      alternative to TPHs already defined                   rules/sro.shtml). Copies of the
                                               thereunder applicable to the Exchange                       ability to set their own routing                      submission, all subsequent
                                               and, in particular, the requirements of                     parameters on the orders they send to                 amendments, all written statements
                                               Section 6(b) of the Act.6 Specifically,                     the Exchange. As such, the Exchange                   with respect to the proposed rule
                                               the Exchange believes the proposed rule                     does not anticipate the proposed change               change that are filed with the
                                               change is consistent with the Section                       will result in a reduction of business or             Commission, and all written
                                               6(b)(5) 7 requirements that the rules of                    order flow to any market participant.                 communications relating to the
                                               an exchange be designed to prevent                          Finally, the proposed change will not                 proposed rule change between the
                                               fraudulent and manipulative acts and                        affect TPHs ability to route or request               Commission and any person, other than
                                               practices, to promote just and equitable                    routing of orders to better priced                    those that may be withheld from the
                                               principles of trade, to foster cooperation                  markets outside CBOE.                                 public in accordance with the
                                               and coordination with persons engaged                                                                             provisions of 5 U.S.C. 552, will be
                                               in regulating, clearing, settling,                          C. Self-Regulatory Organization’s                     available for Web site viewing and
                                               processing information with respect to,                     Statement on Comments on the                          printing in the Commission’s Public
                                               and facilitation transactions in                            Proposed Rule Change Received From                    Reference Room, 100 F Street NE.,
                                               securities, to remove impediments to                        Members, Participants, or Others                      Washington, DC 20549 on official
                                               and perfect the mechanism of a free and                       The Exchange neither solicited nor                  business days between the hours of
                                               open market and a national market                           received comments on the proposed                     10:00 a.m. and 3:00 p.m. Copies of the
                                               system, and, in general, to protect                         rule change.                                          filing also will be available for
                                               investors and the public interest.                                                                                inspection and copying at the principal
                                               Additionally, the Exchange believes the                     III. Date of Effectiveness of the                     office of the Exchange. All comments
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                                               proposed rule change is consistent with                     Proposed Rule Change and Timing for                   received will be posted without change;
                                               the Section 6(b)(5) 8 requirement that                      Commission Action                                     the Commission does not edit personal
                                               the rules of an exchange not be designed                       Within 45 days of the date of                      identifying information from
                                                                                                           publication of this notice in the Federal             submissions. You should submit only
                                                 6 15    U.S.C. 78f(b).                                    Register or within such longer period                 information that you wish to make
                                                 7 15    U.S.C. 78f(b)(5).                                 up to 90 days (i) as the Commission may               available publicly. All submissions
                                                 8 Id.                                                     designate if it finds such longer period              should refer to File Number SR–CBOE–


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                                               48552                     Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices

                                               2017–064 and should be submitted on                     II. Self-Regulatory Organization’s                        where the Member has an: (i) ADV 11
                                               or before November 8, 2017.                             Statement of the Purpose of, and                          greater than or equal to 2.30% of
                                                 For the Commission, by the Division of                Statutory Basis for, the Proposed Rule                    average OCV; 12 (ii) ADAV 13 in Away
                                               Trading and Markets, pursuant to delegated              Change                                                    Market Maker,14 Firm, Broker Dealer
                                               authority.9                                                                                                       and Joint Back Office orders greater than
                                               Eduardo A. Aleman,                                        In its filing with the Commission, the                  or equal to 1.65% of average OCV; and
                                               Assistant Secretary.                                    Exchange included statements                              (iii) ADAV in Non-Customer 15 Non-
                                                                                                       concerning the purpose of and basis for                   Penny 16 orders greater than or equal to
                                               [FR Doc. 2017–22537 Filed 10–17–17; 8:45 am]
                                                                                                       the proposed rule change and discussed                    0.20% of average OCV. The Exchange
                                               BILLING CODE 8011–01–P
                                                                                                       any comments it received on the                           proposes to adopt new Tier 3, which
                                                                                                       proposed rule change. The text of these                   would be similar to re-numbered Tier 4
                                               SECURITIES AND EXCHANGE                                 statements may be examined at the                         but would have lower criteria and a
                                               COMMISSION                                              places specified in Item IV below. The                    lower rebate. Specifically, pursuant to
                                                                                                       Exchange has prepared summaries, set                      new Tier 3 a Member’s orders that yield
                                               [Release No. 34–81866; File No. SR–                     forth in Sections A, B, and C below, of                   fee code NF would receive an enhanced
                                               BatsBZX–2017–65]
                                                                                                       the most significant parts of such                        rebate of $0.53 per contract where the
                                               Self-Regulatory Organizations; Bats                     statements.                                               Member has an: (i) ADV greater than or
                                               BZX Exchange, Inc.; Notice of Filing                                                                              equal to 2.30% of average OCV; (ii)
                                                                                                       A. Self-Regulatory Organization’s                         ADAV in Away Market Maker, Firm,
                                               and Immediate Effectiveness of a                        Statement of the Purpose of, and the
                                               Proposed Rule Change Related to Fees                                                                              Broker Dealer and Joint Back Office
                                                                                                       Statutory Basis for, the Proposed Rule                    orders greater than or equal to 1.45% of
                                               for Use on the Exchange’s Equity                        Change
                                               Options Platform                                                                                                  average OCV; and (iii) ADAV in Non-
                                                                                                       1. Purpose                                                Customer Non-Penny orders greater
                                               October 12, 2017.                                                                                                 than or equal to 0.20% of average OCV.
                                                  Pursuant to Section 19(b)(1) of the                    The Exchange proposes to amend its                      Thus, the second criterion is lower,
                                               Securities Exchange Act of 1934 (the                    fee schedule for its equity options                       requiring an ADAV in applicable orders
                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  platform (‘‘BZX Options’’) to adopt a                     greater than or equal to 1.45% of
                                               notice is hereby given that on October                  new Firm,6 Broker Dealer 7 and Joint                      average OCV rather than 1.65% of
                                               2, 2017, Bats BZX Exchange, Inc. (the                   Back Office 8 Non-Penny Pilot 9 Add                       average OCV. Otherwise the criteria of
                                               ‘‘Exchange’’ or ‘‘BZX’’) filed with the                 Volume Tier under footnote 8.                             Tier 3 are the same as Tier 4. The
                                               Securities and Exchange Commission                                                                                Exchange also notes that the proposed
                                                                                                         The Exchange currently offers three
                                               (‘‘Commission’’) the proposed rule                                                                                enhanced rebate of $0.53 is also the
                                                                                                       Firm, Broker Dealer and Joint Back
                                               change as described in Items I, II and III                                                                        same as the enhanced rebate provided
                                                                                                       Office Non-Penny Add Volume Tiers
                                               below, which Items have been prepared                                                                             pursuant to Tier 2.
                                               by the Exchange. The Exchange has                       under footnote 8, which provide an
                                               designated the proposed rule change as                  enhanced rebate ranging from $0.33 to                     Implementation Date
                                               one establishing or changing a member                   $0.82 per contract for qualifying orders                    The Exchange proposes to implement
                                               due, fee, or other charge imposed by the                that add liquidity in Non Penny Pilot                     the above changes to its fee schedule on
                                               Exchange under Section 19(b)(3)(A)(ii)                  Securities and yield fee code NF.10 The                   October 2, 2017.
                                               of the Act 3 and Rule 19b–4(f)(2)                       Exchange now proposes to add a new
                                               thereunder,4 which renders the                          Tier 3 and to re-number current Tier 3                    2. Statutory Basis
                                               proposed rule change effective upon                     as Tier 4.                                                   The Exchange believes that the
                                               filing with the Commission. The                           Currently under Tier 3, to be re-                       proposed rule changes are consistent
                                               Commission is publishing this notice to                 numbered as Tier 4, a Member’s orders
                                               solicit comments on the proposed rule                   that yield fee code NF receive an                            11 ‘‘ADV’’ means average daily volume calculated

                                               change from interested persons.                                                                                   as the number of contracts added or removed,
                                                                                                       enhanced rebate of $0.82 per contract                     combined, per day. Id.
                                               I. Self-Regulatory Organization’s                                                                                    12 ‘‘OCV’’ means the total equity and ETF options
                                                                                                         6 ‘‘Firm’’ applies to any transaction identified by     volume that clears in the Customer range at the
                                               Statement of the Terms of Substance of
                                                                                                       a Member for clearing in the Firm range at the OCC,       Options Clearing Corporation (‘‘OCC’’) for the
                                               the Proposed Rule Change                                excluding any Joint Back Office transaction. See the      month for which the fees apply, excluding volume
                                                  The Exchange filed a proposal to                     Exchange’s fee schedule available at http://              on any day that the Exchange experiences an
                                                                                                       www.bats.com/us/options/membership/fee_                   Exchange System Disruption and on any day with
                                               amend the fee schedule applicable to                    schedule/bzx/.                                            a scheduled early market close. Id.
                                               Members 5 and non-Members of the                          7 ‘‘Broker Dealer’’ applies to any order for the           13 ‘‘ADAV’’ means average daily added volume

                                               Exchange pursuant to BZX Rules 15.1(a)                  account of a broker dealer, including a foreign           calculated as the number of contracts added per
                                               and (c).                                                broker dealer, that clears in the Customer range at       day. See the Exchange’s fee schedule available at
                                                  The text of the proposed rule change                 the Options Clearing Corporation (‘‘OCC’’). Id.           http://www.bats.com/us/options/membership/fee_
                                                                                                         8 ‘‘Joint Back Office’’ applies to any transaction      schedule/bzx/.
                                               is available at the Exchange’s Web site                 identified by a Member for clearing in the Firm              14 ‘‘Away Market Maker’’ applies to any
                                               at www.bats.com, at the principal office                range at the OCC that is identified with an origin        transaction identified by a Member for clearing in
                                               of the Exchange, and at the                             code as Joint Back Office. A Joint Back Office            the Market Maker range at the OCC, where such
                                               Commission’s Public Reference Room.                     participant is a Member that maintains a Joint Back       Member is not registered with the Exchange as a
                                                                                                       Office arrangement with a clearing broker-dealer.         Market Maker, but is registered as a market maker
                                                 9 17
                                                                                                       Id.                                                       on another options exchange. Id.
                                                      CFR 200.30–3(a)(12).
ethrower on DSK3G9T082PROD with NOTICES




                                                                                                         9 ‘‘Penny Pilot Securities’’ are those issues quoted       15 ‘‘Non-Customer’’ applies to any transaction
                                                 1 15 U.S.C. 78s(b)(1).                                pursuant to Exchange Rule 21.5, Interpretation and        identified by a Member for clearing which is not in
                                                 2 17 CFR 240.19b–4.
                                                                                                       Policy .01. Id. ‘‘Non-Penny Pilot’’ refers to all other   the Customer range at the OCC, excluding any
                                                 3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                       issues.                                                   transaction for a Broker Dealer or a ‘‘Professional’’
                                                 4 17 CFR 240.19b–4(f)(2).                               10 Fee code NF is appended to Firm, Broker              as defined in Exchange Rule 16.1. Id.
                                                 5 The term ‘‘Member’’ is defined as ‘‘any             Dealer and Joint Back Office orders in Non-Penny             16 ‘‘Penny Pilot Securities’’ are those issues

                                               registered broker or dealer that has been admitted      Pilot Securities that add liquidity. Orders that yield    quoted pursuant to Exchange Rule 21.5,
                                               to membership in the Exchange.’’ See Exchange           fee code NF are provided a standard rebate of $0.30       Interpretation and Policy .01. Id. Non-Penny
                                               Rule 1.5(n).                                            per contract. Id.                                         securities are all other securities.



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Document Created: 2017-10-18 01:37:27
Document Modified: 2017-10-18 01:37:27
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 48550 

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