83 FR 13329 - Self-Regulatory Organizations; Cboe Exchange Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Frequent Trader Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 60 (March 28, 2018)

[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13329-13330]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06141]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82934; File No. SR-CBOE-2018-023]


Self-Regulatory Organizations; Cboe Exchange Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Relating 
to the Frequent Trader Program

March 22, 2018.
    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 19, 2018, Cboe Exchange, Inc. (the ``Exchange'' or 
``Cboe Options'') 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 to provide an additional mechanism for 
executing brokers to submit Frequent Trader IDs post-trade.
    The text of the proposed rule change is available on the Exchange's 
website (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
    The Exchange proposes to amend its Fees Schedule. Specifically, the 
Exchange proposes to provide an additional mechanism for executing 
brokers to submit Frequent Trader IDs (``FTIDs'') post-trade. By way of 
background, to participate in the Frequent Trader Program, Customers 
(includes Professional Customers and Voluntary Professionals) may 
register with the Exchange. Once registered, the Customer is provided a 
unique identification number (``FTID'') that can be affixed to each of 
its orders. The FTID allows the Exchange to identify and aggregate all 
electronic and manual trades during both the Regular Trading Hours and 
Extended Trading Hours sessions from that Customer for purposes of 
determining whether the Customer meets any of the various volume 
thresholds. The Customer has to provide its FTID to the Trading Permit 
Holder (``TPH'') submitting that Customer's order to the Exchange 
(``executing agent'' or ``executing TPH'') and that executing TPH would 
have to enter the Customer's FTID on each of that Customer's orders. 
The Exchange notes that there are instances however, in which a 
Customer's FTID was not, or could not be, affixed to an order. As such, 
the Exchange provides executing TPHs the ability to submit to the 
exchange a form (the ``Frequent Trader Program--Volume Corrections 
Form'' or ``Form'') as a mechanism for executing TPHs to identify 
transactions to the Exchange that should have been, but were not, 
associated with particular FTIDs. The Form needs to be submitted to the 
Exchange within 3 business days. Transactions identified on the Form 
only count towards the identified Customer's volume if that Customer 
was already registered for the Frequent Trader Program prior to the 
time the transaction occurred (e.g., if a customer trades 1,000 
contracts the morning of April 1 and registers for the Frequent Trader 
Program the afternoon of April 1, that customer cannot have its 
executing TPH submit a form on its behalf for those 1,000 contracts 
executed prior to registration in the Program).
    Effective March 19, 2018, a new FTID field will be available on 
Cboe Trade Match (``CTM'') terminals. This enhancement will allow 
executing TPHs to add or modify FTID information on post-trade records 
on the trade date. TPHs that require FTID modifications on trade 
records which occurred on past business days, limited to within the 
last 3 business days, must continue to submit these changes using the 
Form described above. The Exchange notes that the FTID field may be 
changed by the TPH via the CTM terminal without notice to the Exchange. 
The Exchange believes the enhanced functionality will provide an 
additional means to input FTID information and provide a more efficient 
and streamlined way to add or modify FTID information post-trade on the 
trade date.
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.\3\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \4\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes adding system functionality to enable 
executing TPHs to input FTIDs post-trade on the trade date through CTM, 
instead of using a manual Form, provides TPHs with a more efficient 
mechanism to ensure a Customer's FTID that was not, or could not be, 
affixed to an order, is attributed to that Customer's order and gets 
timely reported, thereby removing impediments to and perfecting the

[[Page 13330]]

mechanism of a free and open market and a national market system. The 
Exchange notes that referencing this functionality in the Fees Schedule 
also maintains transparency in the Fees Schedule.

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 intramarket or intermarket competition that is not 
necessary or appropriate in furtherance of the purposes of the Act. The 
proposed change to allow FTIDs to be submitted post-trade on the trade 
date via Exchange system functionality will provide a more efficient 
means for TPHs to submit this information and is not intended for 
competitive reasons and only applies to Cboe Options. The Exchange also 
notes that no rights or obligations of Permit Holders are affected by 
the change.

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 \5\ and paragraph (f) of Rule 19b-4 \6\ 
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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    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 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 Number SR-CBOE-2018-023 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-2018-023. 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 website (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 website 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 such filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-CBOE-2018-023, and should be submitted 
on or before April 18, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-06141 Filed 3-27-18; 8:45 am]
 BILLING CODE 8011-01-P