82 FR 50705 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Update Rule 21.1 To Adopt a New Time in Force Applicable to the Exchange's Equity Options Platform
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 210 (November 1, 2017)
Federal Register Volume 82, Issue 210 (November 1, 2017)
| Page Range | 50705-50707 | |
| FR Document | 2017-23732 |
[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)] [Notices] [Pages 50705-50707] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23732] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-81950; File No. SR-BatsBZX-2017-71] Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Update Rule 21.1 To Adopt a New Time in Force Applicable to the Exchange's Equity Options Platform October 26, 2017. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on October 20, 2017, Cboe BZX Exchange, Inc. (the ``Exchange'') (formerly known as Bats BZX Exchange, Inc.) filed with the Securities and Exchange Commission [[Page 50706]] (``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Exchange has designated this proposal as a ``non-controversial'' proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b- 4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ 15 U.S.C. 78s(b)(3)(A). \4\ 17 CFR 240.19b-4(f)(6)(iii). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange filed a proposal to update Rule 21.1 to adopt a new Time in Force applicable to the Exchange's equity options platform (``BZX Options''). The text of the proposed rule change is available at the Exchange's Web site at www.markets.cboe.com, at the principal office of the Exchange, 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 parts of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose In 2016, the Exchange and its affiliates Bats BYX Exchange, Inc. (now known as Cboe BYX Exchange, Inc.) (``BYX''), Bats EDGA Exchange, Inc. (now known as Cboe EDGA Exchange, Inc.) (``EDGA''), and Bats EDGX Exchange, Inc. (now known as Cboe EDGX Exchange, Inc.) (``EDGX'') received approval to affect a merger (the ``Merger'') of the Exchange's indirect parent company, Bats Global Markets, Inc. (``BGM''), with CBOE Holdings, Inc. (now known as Cboe Global Markets, Inc.) (``CBOE Holdings''), the direct parent of Chicago Board Options Exchange, Incorporated (now known as Cboe Exchange, Inc.) (``Cboe Options'') and C2 Options Exchange, Incorporated (now known as Cboe C2 Exchange, Inc.) (``C2 Options'', and together with the Exchange, BYX, EDGA, EDGX, and Cboe Options the ``Cboe Affiliated Exchanges'').\5\ The Cboe Affiliated Exchanges are working to align certain system functionality, retaining only intended differences between the Cboe Affiliated Exchanges, in the context of a technology migration. In the context of such migration, the Exchange is working to align its systems to offer certain features currently offered by Cboe Options and C2 Options as well as striving to maintain consistent technology with the options platform operated by EDGX (``EDGX Options''). Although the Exchange intentionally offers certain features that differ from those offered by its affiliates and will continue to do so, the Exchange believes that offering similar functionality to the extent practicable will reduce potential confusion for Users. --------------------------------------------------------------------------- \5\ See Securities Exchange Act Release No. 79585 (December 16, 2016), 81 FR 93988 (December 22, 2016) (SR-BatsBZX-2016-68; SR- BatsBYX-2016-29; SR-BatsEDGA-2016-24; SR-BatsEDGX-2016-60). --------------------------------------------------------------------------- The Exchange proposes to amend Exchange Rule 21.1, Definitions, to add a new Time in Force, namely the time in force of ``At the Open'' or ``OPG''. As proposed, ``At the Open'' or ``OPG'' shall mean, for an order so designated, an order that shall only participate in the opening process on the Exchange. An OPG order not executed in the opening process will be cancelled. The Exchange's affiliate, EDGX Options, recently received approval of various rule changes, including the adoption of a Time in Force of OPG that is identical to the Exchange's proposed rule.\6\ The Exchange notes that other options exchanges also offer Times in Force that, similar to OPG, limit an order to participating in an exchange's opening process.\7\ --------------------------------------------------------------------------- \6\ See Securities Exchange Act Release No. 81891 (October 17, 2017) (SR-Bats-EDGX-2017-29). \7\ See, e.g., C2 Rule 6.10(c)(7); ISE Rule 715(o). --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act \8\ in general, and furthers the objectives of Section 6(b)(5) of the Act \9\ in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest. In particular, consistent rules and functionality between the Exchange and its affiliated exchanges will reduce complexity and help avoid potential confusion by the Users of the Exchange that are also participants on other Cboe Affiliated Exchanges. --------------------------------------------------------------------------- \8\ 15 U.S.C. 78f(b). \9\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Exchange believes the proposed amendment will reduce complexity and increase the understanding of the Exchange's operations for all Users of the Exchange. In particular, by offering the same Times in Force as EDGX Options, the Exchange will avoid confusion from market participants that participate on both the Exchange and EDGX Options. In turn, when Cboe Options and C2 Options are migrated to the same technology as that of the Exchange, Users of the Exchange and other Cboe Affiliated Exchanges will have access to similar functionality on all Cboe Affiliated Exchanges. As such, the proposed rule change would foster cooperation and coordination with persons engaged in facilitating transactions in securities and would remove impediments to and perfect the mechanism of a free and open market and a national market system. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Exchange notes that the proposal will promote consistency between the Exchange and its affiliated exchanges, and is part of a larger technology integration that will ultimately reduce complexity for Users of the Exchange that are also participants on other Cboe Affiliated Exchanges. The Exchange does not believe that the proposed changes will have any direct impact on competition. Thus, the Exchange does not believe that the proposal creates any significant impact on competition. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any written comments from members or other interested parties. [[Page 50707]] III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b- 4(f)(6) thereunder.\10\ --------------------------------------------------------------------------- \10\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b- 4(f)(6)(iii), the Exchange provided the Commission with written notice of its intent to file the proposed rule change, along with a brief description and the text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. --------------------------------------------------------------------------- A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the Act \11\ normally does not become operative for 30 days after the date of its filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Commission notes that the proposed rule change is based on EDGX Rule 21.1(f)(6) and is identical to such rule. Thus, the Commission believes that waiver of the operative delay is consistent with the protection of investors and the public because the proposal does not present any new or novel issues that have not been previously considered by the Commission. Therefore, the Commission hereby waives the 30-day operative delay and designates the proposal operative upon filing.\13\ --------------------------------------------------------------------------- \11\ 17 CFR 240.19b-4(f)(6). \12\ 17 CFR 240.19b-4(f)(6)(iii). \13\ For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- 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 shall institute proceedings to determine whether the proposed rule change should be approved or disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse 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-BatsBZX-2017-71 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-BatsBZX-2017-71. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-BatsBZX-2017-71 and should be submitted on or before November 22, 2017. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\14\ --------------------------------------------------------------------------- \14\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017-23732 Filed 10-31-17; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices 50705
disrupting its ordinary settlement cycle Clearing Members and would not affect amendments, all written statements
(and thusly, to avoid imposing the same Clearing Members’ access to OCC’s with respect to the proposed rule
disruption on Clearing Members), services or disadvantage or favor any change that are filed with the
thereby avoiding the need to extend the particular user in relationship to Commission, and all written
settlement window and allowing OCC to another user. As such, OCC believes that communications relating to the
settle transactions in a more timely the proposed changes would not have proposed rule change between the
fashion. In this regard, OCC believes the any impact or impose any burden on Commission and any person, other than
proposed rule change is designed to competition. those that may be withheld from the
promote the prompt and accurate public in accordance with the
clearance and settlement of securities (C) Clearing Agency’s Statement on provisions of 5 U.S.C. 552, will be
transactions, in accordance with the Comments on the Proposed Rule available for Web site viewing and
requirements of Section 17A(b)(3)(F) of Change Received From Members, printing in the Commission’s Public
the Act.6 Participants or Others Reference Room, 100 F Street NE.,
Additionally, Rule 17Ad–22(e)(7)(viii) Written comments were not and are Washington, DC 20549, on official
requires that a covered clearing agency not intended to be solicited with respect business days between the hours of
(‘‘CCA’’) address foreseeable liquidity to the proposed rule change, and none 10:00 a.m. and 3:00 p.m. Copies of such
shortfalls that would not be covered by have been received. filing also will be available for
the CCA’s liquid resources and seek to inspection and copying at the principal
avoid unwinding, revoking, or delaying III. Date of Effectiveness of the
office of OCC and on OCC’s Web site at
the same-day settlement of payment Proposed Rule Change and Timing for
http://www.theocc.com/components/
obligations.7 As stated above, OCC Commission Action
docs/legal/rules_and_bylaws/sr_occ_17_
believes that it could be foreseeable, Within 45 days of the date of 017.pdf.
though extremely unlikely, that a bank publication of this notice in the Federal All comments received will be posted
or securities or commodities clearing Register or within such longer period without change. Persons submitting
organization may fail to make timely up to 90 days (i) as the Commission may comments are cautioned that we do not
settlement with OCC as the result of an designate if it finds such longer period redact or edit personal identifying
event that does not result in a loss to to be appropriate and publishes its information from comment submissions.
OCC from the bankruptcy, insolvency, reasons for so finding or (ii) as to which You should submit only information
resolution, suspension of operations or the self-regulatory organization that you wish to make available
similar event of such bank or securities consents, the Commission will: publicly.
or commodities clearing organization. (A) By order approve or disapprove All submissions should refer to File
The proposed rule change would the proposed rule change, or Number SR–OCC–2017–017 and should
improve OCC’s ability to address such (B) institute proceedings to determine be submitted on or before November 22,
situations by expanding OCC’s whether the proposed rule change 2017.
borrowing authority to enable OCC to should be disapproved. For the Commission by the Division of
borrow against the Clearing Fund in IV. Solicitation of Comments Trading and Markets, pursuant to delegated
order to avoid disrupting its ordinary authority.9
settlement cycle (and thusly, to avoid Interested persons are invited to Eduardo A. Aleman,
imposing the same disruption on submit written data, views, and Assistant Secretary.
Clearing Members). arguments concerning the foregoing,
[FR Doc. 2017–23736 Filed 10–31–17; 8:45 am]
The proposed rule change is not including whether the proposed rule
BILLING CODE 8011–01–P
inconsistent with the existing rules of change is consistent with the Act.
OCC, including any other rules Comments may be submitted by any of
proposed to be amended. the following methods: SECURITIES AND EXCHANGE
(B) Clearing Agency’s Statement on Electronic Comments COMMISSION
Burden on Competition • Use the Commissions Internet [Release No. 34–81950; File No. SR–
Section 17A(b)(3)(I) of the Act 8 comment form (http://www.sec.gov/ BatsBZX–2017–71]
requires that the rules of a clearing rules/sro.shtml); or
• Send an email to rule-comments@ Self-Regulatory Organizations; Cboe
agency not impose any burden on BZX Exchange, Inc.; Notice of Filing
competition not necessary or sec.gov. Please include File Number SR–
OCC–2017–017 on the subject line. and Immediate Effectiveness of a
appropriate in furtherance of the Proposed Rule Change To Update Rule
purposes of the Act. OCC does not Paper Comments 21.1 To Adopt a New Time in Force
believe the proposed rule change would
have any impact or impose any burden • Send paper comments in triplicate Applicable to the Exchange’s Equity
to Secretary, Securities and Exchange Options Platform
on competition. The primary purpose of
the proposed rule change is to enhance Commission, 100 F Street NE., October 26, 2017.
the existing tools OCC has to address Washington, DC 20549–1090. Pursuant to Section 19(b)(1) of the
liquidity shortfalls by expanding the All submissions should refer to File Securities Exchange Act of 1934
existing borrowing authority in OCC’s Number SR–OCC–2017–017. This file (‘‘Act’’),1 and Rule 19b–4 thereunder,2
By-Laws to also authorize borrowing in number should be included on the notice is hereby given that on October
subject line if email is used. To help the
sradovich on DSK3GMQ082PROD with NOTICES
the extraordinary event that OCC faces 20, 2017, Cboe BZX Exchange, Inc. (the
a liquidity need in order to complete Commission process and review your ‘‘Exchange’’) (formerly known as Bats
same day settlement. The proposed rule comments more efficiently, please use BZX Exchange, Inc.) filed with the
change would apply equally to all only one method. The Commission will Securities and Exchange Commission
post all comments on the Commission’s
6 Id. Internet Web site (http://www.sec.gov/ 9 17 CFR 200.30–3(a)(12).
7 17 CFR 240.17Ad–22(e)(7)(viii). rules/sro.shtml). Copies of the 1 15 U.S.C. 78s(b)(1).
8 15 U.S.C. 78q–1(b)(3)(I). submission, all subsequent 2 17 CFR 240.19b–4.
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![Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices 50707
III. Date of Effectiveness of the IV. Solicitation of Comments For the Commission, by the Division of
Proposed Rule Change and Timing for Trading and Markets, pursuant to delegated
Commission Action Interested persons are invited to authority.14
submit written data, views, and Eduardo A. Aleman,
Because the foregoing proposed rule arguments concerning the foregoing, Assistant Secretary.
change does not: (i) Significantly affect including whether the proposed rule [FR Doc. 2017–23732 Filed 10–31–17; 8:45 am]
the protection of investors or the public change is consistent with the Act. BILLING CODE 8011–01–P
interest; (ii) impose any significant Comments may be submitted by any of
burden on competition; and (iii) become the following methods:
operative for 30 days from the date on SECURITIES AND EXCHANGE
which it was filed, or such shorter time Electronic Comments COMMISSION
as the Commission may designate, it has
• Use the Commission’s Internet
become effective pursuant to Section [Release No. 34–81955; File No. SR–OCC–
comment form (http://www.sec.gov/
19(b)(3)(A) of the Act and Rule 19b– 2017–010]
4(f)(6) thereunder.10 rules/sro.shtml); or
A proposed rule change filed • Send an email to rule-comments@ Self-Regulatory Organizations; The
sec.gov. Please include File Number SR– Options Clearing Corporation; Notice
pursuant to Rule 19b–4(f)(6) under the
BatsBZX–2017–71 on the subject line. of Filing of Proposed Rule Change
Act 11 normally does not become
Related to The Options Clearing
operative for 30 days after the date of its Paper Comments Corporation’s Default Management
filing. However, Rule 19b–4(f)(6)(iii) 12
• Send paper comments in triplicate Policy
permits the Commission to designate a
shorter time if such action is consistent to Secretary, Securities and Exchange October 26, 2017.
with the protection of investors and the Commission, 100 F Street NE., Pursuant to Section 19(b)(1) of the
public interest. The Exchange has asked Washington, DC 20549–1090. Securities Exchange Act of 1934
the Commission to waive the 30-day (‘‘Act’’),1 and Rule 19b–4 thereunder,2
operative delay so that the proposal may All submissions should refer to File
Number SR–BatsBZX–2017–71. This file notice is hereby given that on October
become operative immediately upon 12, 2017, The Options Clearing
filing. The Commission notes that the number should be included on the
Corporation (‘‘OCC’’) filed with the
proposed rule change is based on EDGX subject line if email is used. To help the
Securities and Exchange Commission
Rule 21.1(f)(6) and is identical to such Commission process and review your
(‘‘Commission’’) the proposed rule
rule. Thus, the Commission believes comments more efficiently, please use change as described in Items I, II, and
that waiver of the operative delay is only one method. The Commission will III below, which Items have been
consistent with the protection of post all comments on the Commission’s prepared primarily by OCC. The
investors and the public because the Internet Web site (http://www.sec.gov/ Commission is publishing this notice to
proposal does not present any new or rules/sro.shtml). Copies of the solicit comments on the proposed rule
novel issues that have not been submission, all subsequent change from interested persons.
previously considered by the amendments, all written statements
Commission. Therefore, the with respect to the proposed rule I. Clearing Agency’s Statement of the
Commission hereby waives the 30-day change that are filed with the Terms of Substance of the Proposed
operative delay and designates the Rule Change
Commission, and all written
proposal operative upon filing.13 communications relating to the This proposed rule change by The
At any time within 60 days of the proposed rule change between the Options Clearing Corporation (‘‘OCC’’)
filing of the proposed rule change, the Commission and any person, other than would formalize and update OCC’s
Commission summarily may those that may be withheld from the Default Management Policy, which
temporarily suspend such rule change if public in accordance with the would promote compliance with
it appears to the Commission that such provisions of 5 U.S.C. 552, will be multiple requirements applicable to
action is necessary or appropriate in the available for Web site viewing and OCC under Rule 17Ad–22, including
public interest, for the protection of printing in the Commission’s Public Rules 17Ad–22(e)(4)(ix) (Replenishment
investors, or otherwise in furtherance of Reference Room, 100 F Street NE., of Resources) and (e)(13) (Default
the purposes of the Act. If the Management).3 The Default
Washington, DC 20549 on official
Commission takes such action, the Management Policy is included as
business days between the hours of
Commission shall institute proceedings confidential Exhibit 5.4
10:00 a.m. and 3:00 p.m. Copies of the
to determine whether the proposed rule The proposed rule change does not
filing also will be available for require any changes to the text of OCC’s
change should be approved or inspection and copying at the principal
disapproved. By-Laws or Rules. All terms with initial
office of the Exchange. All comments capitalization that are not otherwise
10 17 CFR 240.19b–4(f)(6). As required under Rule
received will be posted without change. defined herein have the same meaning
19b–4(f)(6)(iii), the Exchange provided the
Persons submitting comments are as set forth in the OCC By-Laws and
Commission with written notice of its intent to file cautioned that we do not redact or edit Rules.5
the proposed rule change, along with a brief personal identifying information from
description and the text of the proposed rule
comment submissions. You should
sradovich on DSK3GMQ082PROD with NOTICES
14 17 CFR 200.30–3(a)(12).
change, at least five business days prior to the date
of filing of the proposed rule change, or such submit only information that you wish 1 15 U.S.C. 78s(b)(1).
shorter time as designated by the Commission. to make available publicly. All 2 17 CFR 240.19b–4.
11 17 CFR 240.19b–4(f)(6). 3 17 CFR 240.17Ad–22(e)(4)(ix) and (e)(13).
submissions should refer to File
12 17 CFR 240.19b–4(f)(6)(iii). 4 The Commission notes that Exhibit 5 is
Number SR–BatsBZX–2017–71 and
13 For purposes only of waiving the 30-day included in the filing, not in this Notice.
operative delay, the Commission has considered the should be submitted on or before 5 OCC’s By-Laws and Rules can be found on
proposed rule’s impact on efficiency, competition, November 22, 2017. OCC’s public Web site: http://optionsclearing.com/
and capital formation. See 15 U.S.C. 78c(f). about/publications/bylaws.jsp.
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Document Created: 2017-11-01 02:02:50
Document Modified: 2017-11-01 02:02:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 82 FR 50705 |
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