83_FR_16212 83 FR 16140 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Modify Rule 21.9 of the Exchange's Rules and Related Functionality Applicable to the Routing Options Made Available by the Exchange's Equity Options Platform

83 FR 16140 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Modify Rule 21.9 of the Exchange's Rules and Related Functionality Applicable to the Routing Options Made Available by the Exchange's Equity Options Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 72 (April 13, 2018)

Page Range16140-16142
FR Document2018-07676

Federal Register, Volume 83 Issue 72 (Friday, April 13, 2018)
[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Notices]
[Pages 16140-16142]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07676]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83021; File No. SR-CboeBZX-2018-026]


Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change to Modify 
Rule 21.9 of the Exchange's Rules and Related Functionality Applicable 
to the Routing Options Made Available by the Exchange's Equity Options 
Platform

April 9, 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 April 2, 2018, Cboe BZX Exchange, Inc. (the ``Exchange'') filed 
with the Securities and Exchange Commission (``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.
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    \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).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to modify Rule 21.9 of the Exchange's 
rules and related functionality applicable to the routing options made 
available by the Exchange's equity options platform (``BZX Options'').
    The text of the proposed rule change is available at the Exchange's 
website 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
    The Exchange proposes to modify Rule 21.9 to modify the description 
of two existing routing strategies (without modifying such strategies) 
and to adopt a new routing strategy. Exchange Rule 21.9 describes 
various options to route orders away from BZX Options to other options 
exchanges. Rule 21.9(a)(2)(A) describes Parallel D routing as a routing 
option under which an order checks the System \5\ for available 
contracts and then is sent to destinations on the System routing table. 
Parallel 2D is described in Rule 21.9(a)(2)(B) in the same way. To 
distinguish the two options, however, Parallel D routing is described 
as a routing option that may route to multiple destinations at a single 
price level simultaneously whereas Parallel 2D routing is described as 
a routing option that may route to multiple destinations and at 
multiple price levels simultaneously. The Exchange proposes to retain 
this functionality but to change the refer to the routing strategy 
equivalent to both Parallel D and Parallel 2D as the ROUT routing 
option and then to specify that a User \6\ may select either Route To 
Improve (``RTI'') or Route To Fill (``RTF'') for the ROUT routing 
option, thus capturing the distinction between the two strategies. In 
other words, the RTI routing option would continue to function as the 
Parallel D routing option is described (i.e., routing at a single price 
level) and the RTF would continue to function as the Parallel 2D 
routing option is described (i.e. routing at multiple price levels). 
The proposed description is substantively identical to and based on the 
description employed for the Exchange's cash equities trading platform 
(``BZX Equities'').\7\ The Exchange does not propose any other changes 
to these routing options.
---------------------------------------------------------------------------

    \5\ The ``System'' is the automated trading system used by BZX 
Options for the trading of options contracts. See Rule 16.1(a)(59).
    \6\ The term ``User'' means any Options Member or Sponsored 
Participant who is authorized to obtain access to the Exchange's 
System pursuant to Rule 11.3. See Rule 16.1(a)(63).
    \7\ See BZX Rule 11.13(b)(3)(G).
---------------------------------------------------------------------------

    The Exchange also proposes to adopt the SWPA routing option based 
on a similar routing option offered with respect to BZX Equities. 
Specifically, as proposed, SWPA would be a routing option under which 
an order checks the

[[Page 16141]]

System for available contracts and then is sent to only Protected 
Quotations \8\ and only for displayed size. Further, to the extent that 
any portion of the routed order is unexecuted, the remainder is posted 
to the BZX Options Book at the order's limit price, unless otherwise 
instructed by the User. This proposed routing strategy is based on and 
similar to BZX Rule 11.13(b)(3)(I), which describes the SWPA routing 
strategy for BZX Equities. However, the Exchange has proposed language 
describing SWPA on BZX Options instead on rule text of its affiliate, 
Cboe EDGX Exchange, Inc. (``EDGX''), which also offers the SWPA routing 
strategy for its cash equities trading platform (``EDGX Equities'').\9\ 
The proposed rule text for BZX Options' version of SWPA is specifically 
based on EDGX Rule 11.11(g)(9), and is identical except for references 
to ``contracts'' instead of ``shares'' and reference to the ``BZX 
Options Book'' instead of the ``EDGX Book.'' The Exchange also has not 
proposed to adopt the final sentence of the routing strategy as defined 
for EDGX Equities because that sentence is only necessary to 
differentiate the SWPA routing strategy from the SWPB routing strategy 
and the Exchange is not proposing to adopt SWPB routing for BZX 
Options.
---------------------------------------------------------------------------

    \8\ The term Protected Quotation is defined in BZX Rule 
27.1(a)(19) and has the same meaning as is set forth in Regulation 
NMS Rule 600(b)(58).
    \9\ Although BZX Equities also offers the SWPA routing strategy, 
its description is formatted differently than the EDGX Equities 
version. In turn, because EDGX is simultaneously proposing to adopt 
a SWPA routing strategy for its options trading platform (``EDGX 
Options'') based on the EDGX Equities description, the Exchange 
believes it is preferable to retain consistency between BZX Options 
and EDGX Options. Accordingly, the Exchange has proposed to follow 
the structure of the EDGX Equities description rather than the BZX 
Equities description.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \10\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \11\ 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. The change to the references to the Parallel D and Parallel 
2D routing options are intended to align the Exchange's routing 
strategies between BZX Equities and BZX Options. As noted above, there 
is no substantive change to the operation of the strategies.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed rule change also is designed to support the principles 
of Section 11A(a)(1) \12\ of the Act in that it seeks to assure fair 
competition among brokers and dealers and among exchange markets. In 
particular, the proposed change to introduce an additional routing 
strategy will provide market participants with greater flexibility in 
routing orders consistent with the options market Options Order 
Protection and Locked/Crossed Market Plan without developing order 
routing strategies on their own. The Exchange again notes that the 
proposed routing strategy is based on and substantively identical to a 
routing option offered by BZX Equities.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78k-1(a)(1).
    \13\ See EDGX Rule 11.11(g)(9).
---------------------------------------------------------------------------

(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 further promote consistency between the Exchange's 
trading platforms for BZX Equities and BZX Options. The Exchange does 
not believe that the proposed changes will have any impact on inter-
market competition as the proposed SWPA routing strategy will be 
available to all Users. The Exchange does not believe that the proposed 
SWPA routing strategy will impose any burden on intra-market 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act. The Exchange provides routing services in a highly 
competitive market in which participants may avail themselves of a wide 
variety of routing options offered by self-regulatory organizations, 
other broker-dealers, market participants' own proprietary routing 
systems, and service bureaus. In such an environment, system 
enhancements such as the changes proposed in this rule filing do not 
burden competition, because they can succeed in attracting order flow 
to the Exchange only if they offer investors higher quality and better 
value than services offered by others.

(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.

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)\14\ of the Act and Rule 19b-
4(f)(6) thereunder.\15\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
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. The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \16\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \17\ 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 Exchange 
states that waiver of the 30-day operative delay would allow Exchange 
Users to more quickly benefit from this proposed rule change and would 
be consistent with routing options that are already available on BZX 
Equities. Based on the foregoing, the Commission believes the waiver of 
the operative delay is consistent with the protection of investors and 
the public interest. Therefore, the Commission hereby waives the 
operative delay and designates the proposal operative upon filing.\18\
---------------------------------------------------------------------------

    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ For purposes only of waiving the 30-day operative delay, 
the Commission has also 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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings

[[Page 16142]]

to determine whether the proposed rule 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 proposal is 
consistent with the Act. Comments may be submitted by any of the 
following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File No. SR-CboeBZX-2018-026 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-CboeBZX-2018-026. 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 will also 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 No. SR-CboeBZX-2018-026 and should be submitted on 
or before May 4, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-07676 Filed 4-12-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               16140                              Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Notices

                                               including whether the proposed rule                       SECURITIES AND EXCHANGE                               forth in Sections A, B, and C below, of
                                               change is consistent with the Act.                        COMMISSION                                            the most significant parts of such
                                               Comments may be submitted by any of                                                                             statements.
                                                                                                         [Release No. 34–83021; File No. SR–
                                               the following methods:                                    CboeBZX–2018–026]                                     (A) Self-Regulatory Organization’s
                                               Electronic Comments                                                                                             Statement of the Purpose of, and
                                                                                                         Self-Regulatory Organizations; Cboe                   Statutory Basis for, the Proposed Rule
                                                 • Use the Commission’s internet                         BZX Exchange, Inc.; Notice of Filing
                                               comment form (http://www.sec.gov/                                                                               Change
                                                                                                         and Immediate Effectiveness of a
                                               rules/sro.shtml); or                                      Proposed Rule Change to Modify Rule                   1. Purpose
                                                 • Send an email to rule-comments@
                                                                                                         21.9 of the Exchange’s Rules and                         The Exchange proposes to modify
                                               sec.gov. Please include File Number SR–                                                                         Rule 21.9 to modify the description of
                                                                                                         Related Functionality Applicable to the
                                               CboeBZX–2018–023 on the subject line.                                                                           two existing routing strategies (without
                                                                                                         Routing Options Made Available by the
                                               Paper Comments                                            Exchange’s Equity Options Platform                    modifying such strategies) and to adopt
                                                  • Send paper comments in triplicate                                                                          a new routing strategy. Exchange Rule
                                                                                                         April 9, 2018.                                        21.9 describes various options to route
                                               to Secretary, Securities and Exchange                        Pursuant to Section 19(b)(1) of the
                                               Commission, 100 F Street NE,                                                                                    orders away from BZX Options to other
                                                                                                         Securities Exchange Act of 1934 (the                  options exchanges. Rule 21.9(a)(2)(A)
                                               Washington, DC 20549–1090.                                ‘‘Act’’),1 and Rule 19b–4 thereunder,2                describes Parallel D routing as a routing
                                               All submissions should refer to File                      notice is hereby given that on April 2,               option under which an order checks the
                                               Number SR–CboeBZX–2018–023. This                          2018, Cboe BZX Exchange, Inc. (the                    System 5 for available contracts and then
                                               file number should be included on the                     ‘‘Exchange’’) filed with the Securities               is sent to destinations on the System
                                               subject line if email is used. To help the                and Exchange Commission                               routing table. Parallel 2D is described in
                                               Commission process and review your                        (‘‘Commission’’) the proposed rule                    Rule 21.9(a)(2)(B) in the same way. To
                                               comments more efficiently, please use                     change as described in Items I and II                 distinguish the two options, however,
                                               only one method. The Commission will                      below, which Items have been prepared                 Parallel D routing is described as a
                                               post all comments on the Commission’s                     by the Exchange. The Exchange has                     routing option that may route to
                                               internet website (http://www.sec.gov/                     designated this proposal as a ‘‘non-                  multiple destinations at a single price
                                               rules/sro.shtml). Copies of the                           controversial’’ proposed rule change                  level simultaneously whereas Parallel
                                               submission, all subsequent                                pursuant to Section 19(b)(3)(A) of the                2D routing is described as a routing
                                               amendments, all written statements                        Act 3 and Rule 19b–4(f)(6)(iii)                       option that may route to multiple
                                               with respect to the proposed rule                         thereunder,4 which renders it effective               destinations and at multiple price levels
                                               change that are filed with the                            upon filing with the Commission. The                  simultaneously. The Exchange proposes
                                               Commission, and all written                               Commission is publishing this notice to               to retain this functionality but to change
                                               communications relating to the                            solicit comments on the proposed rule                 the refer to the routing strategy
                                               proposed rule change between the                          change from interested persons.                       equivalent to both Parallel D and
                                               Commission and any person, other than                                                                           Parallel 2D as the ROUT routing option
                                               those that may be withheld from the                       I. Self-Regulatory Organization’s
                                                                                                         Statement of the Terms of Substance of                and then to specify that a User 6 may
                                               public in accordance with the                                                                                   select either Route To Improve (‘‘RTI’’)
                                               provisions of 5 U.S.C. 552, will be                       the Proposed Rule Change
                                                                                                                                                               or Route To Fill (‘‘RTF’’) for the ROUT
                                               available for website viewing and                            The Exchange filed a proposal to                   routing option, thus capturing the
                                               printing in the Commission’s Public                       modify Rule 21.9 of the Exchange’s                    distinction between the two strategies.
                                               Reference Room, 100 F Street NE,                          rules and related functionality                       In other words, the RTI routing option
                                               Washington, DC 20549, on official                         applicable to the routing options made                would continue to function as the
                                               business days between the hours of                        available by the Exchange’s equity                    Parallel D routing option is described
                                               10:00 a.m. and 3:00 p.m. Copies of the                    options platform (‘‘BZX Options’’).                   (i.e., routing at a single price level) and
                                               filing also will be available for                            The text of the proposed rule change               the RTF would continue to function as
                                               inspection and copying at the principal                   is available at the Exchange’s website at             the Parallel 2D routing option is
                                               office of the Exchange. All comments                      www.markets.cboe.com, at the principal                described (i.e. routing at multiple price
                                               received will be posted without change.                   office of the Exchange, and at the                    levels). The proposed description is
                                               Persons submitting comments are                           Commission’s Public Reference Room.                   substantively identical to and based on
                                               cautioned that we do not redact or edit                   II. Self-Regulatory Organization’s                    the description employed for the
                                               personal identifying information from                     Statement of the Purpose of, and                      Exchange’s cash equities trading
                                               comment submissions. You should                           Statutory Basis for, the Proposed Rule                platform (‘‘BZX Equities’’).7 The
                                               submit only information that you wish                     Change                                                Exchange does not propose any other
                                               to make available publicly. All                                                                                 changes to these routing options.
                                               submissions should refer to File                            In its filing with the Commission, the                 The Exchange also proposes to adopt
                                               Number SR–CboeBZX–2018–023 and                            Exchange included statements                          the SWPA routing option based on a
                                               should be submitted on or before May                      concerning the purpose of and basis for               similar routing option offered with
                                               4, 2018.                                                  the proposed rule change and discussed                respect to BZX Equities. Specifically, as
                                                                                                         any comments it received on the                       proposed, SWPA would be a routing
                                                 For the Commission, by the Division of
                                               Trading and Markets, pursuant to delegated
                                                                                                         proposed rule change. The text of these               option under which an order checks the
                                                                                                         statements may be examined at the
daltland on DSKBBV9HB2PROD with NOTICES




                                               authority.18
                                               Eduardo A. Aleman,
                                                                                                         places specified in Item IV below. The                  5 The ‘‘System’’ is the automated trading system

                                                                                                         Exchange has prepared summaries, set                  used by BZX Options for the trading of options
                                               Assistant Secretary.                                                                                            contracts. See Rule 16.1(a)(59).
                                                                                                                                                                 6 The term ‘‘User’’ means any Options Member or
                                               [FR Doc. 2018–07674 Filed 4–12–18; 8:45 am]                 1 15 U.S.C. 78s(b)(1).                              Sponsored Participant who is authorized to obtain
                                               BILLING CODE 8011–01–P                                      2 17 CFR 240.19b–4.                                 access to the Exchange’s System pursuant to Rule
                                                                                                           3 15 U.S.C. 78s(b)(3)(A).                           11.3. See Rule 16.1(a)(63).
                                                 18 17   CFR 200.30–3(a)(12).                              4 17 CFR 240.19b–4(f)(6)(iii).                        7 See BZX Rule 11.13(b)(3)(G).




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                                                                                Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Notices                                                     16141

                                               System for available contracts and then                 no substantive change to the operation                comments from members or other
                                               is sent to only Protected Quotations 8                  of the strategies.                                    interested parties.
                                               and only for displayed size. Further, to                   The proposed rule change also is
                                                                                                       designed to support the principles of                 III. Date of Effectiveness of the
                                               the extent that any portion of the routed                                                                     Proposed Rule Change and Timing for
                                               order is unexecuted, the remainder is                   Section 11A(a)(1) 12 of the Act in that it
                                                                                                       seeks to assure fair competition among                Commission Action
                                               posted to the BZX Options Book at the
                                               order’s limit price, unless otherwise                   brokers and dealers and among                            Because the foregoing proposed rule
                                               instructed by the User. This proposed                   exchange markets. In particular, the                  change does not: (i) Significantly affect
                                               routing strategy is based on and similar                proposed change to introduce an                       the protection of investors or the public
                                               to BZX Rule 11.13(b)(3)(I), which                       additional routing strategy will provide              interest; (ii) impose any significant
                                                                                                       market participants with greater                      burden on competition; and (iii) become
                                               describes the SWPA routing strategy for
                                                                                                       flexibility in routing orders consistent              operative for 30 days from the date on
                                               BZX Equities. However, the Exchange
                                                                                                       with the options market Options Order                 which it was filed, or such shorter time
                                               has proposed language describing
                                                                                                       Protection and Locked/Crossed Market                  as the Commission may designate, it has
                                               SWPA on BZX Options instead on rule                                                                           become effective pursuant to Section
                                                                                                       Plan without developing order routing
                                               text of its affiliate, Cboe EDGX                                                                              19(b)(3)(A)14 of the Act and Rule 19b–
                                                                                                       strategies on their own. The Exchange
                                               Exchange, Inc. (‘‘EDGX’’), which also                                                                         4(f)(6) thereunder.15
                                                                                                       again notes that the proposed routing
                                               offers the SWPA routing strategy for its                strategy is based on and substantively                   A proposed rule change filed
                                               cash equities trading platform (‘‘EDGX                  identical to a routing option offered by              pursuant to Rule 19b–4(f)(6) under the
                                               Equities’’).9 The proposed rule text for                BZX Equities.13                                       Act 16 normally does not become
                                               BZX Options’ version of SWPA is                                                                               operative for 30 days after the date of its
                                               specifically based on EDGX Rule                         (B) Self-Regulatory Organization’s                    filing. However, Rule 19b–4(f)(6)(iii) 17
                                               11.11(g)(9), and is identical except for                Statement on Burden on Competition                    permits the Commission to designate a
                                               references to ‘‘contracts’’ instead of                     The Exchange does not believe that                 shorter time if such action is consistent
                                               ‘‘shares’’ and reference to the ‘‘BZX                   the proposed rule change will impose                  with the protection of investors and the
                                               Options Book’’ instead of the ‘‘EDGX                    any burden on competition that is not                 public interest. The Exchange has asked
                                               Book.’’ The Exchange also has not                       necessary or appropriate in furtherance               the Commission to waive the 30-day
                                               proposed to adopt the final sentence of                 of the purposes of the Act. The                       operative delay so that the proposal may
                                               the routing strategy as defined for EDGX                Exchange notes that the proposal will                 become operative immediately upon
                                               Equities because that sentence is only                  further promote consistency between                   filing. The Exchange states that waiver
                                               necessary to differentiate the SWPA                     the Exchange’s trading platforms for                  of the 30-day operative delay would
                                               routing strategy from the SWPB routing                  BZX Equities and BZX Options. The                     allow Exchange Users to more quickly
                                               strategy and the Exchange is not                        Exchange does not believe that the                    benefit from this proposed rule change
                                               proposing to adopt SWPB routing for                     proposed changes will have any impact                 and would be consistent with routing
                                               BZX Options.                                            on inter-market competition as the                    options that are already available on
                                                                                                       proposed SWPA routing strategy will be                BZX Equities. Based on the foregoing,
                                               2. Statutory Basis                                      available to all Users. The Exchange                  the Commission believes the waiver of
                                                                                                       does not believe that the proposed                    the operative delay is consistent with
                                                  The Exchange believes that its
                                                                                                       SWPA routing strategy will impose any                 the protection of investors and the
                                               proposal is consistent with Section 6(b)
                                                                                                       burden on intra-market competition that               public interest. Therefore, the
                                               of the Act 10 in general, and furthers the
                                                                                                       is not necessary or appropriate in                    Commission hereby waives the
                                               objectives of Section 6(b)(5) of the Act 11
                                                                                                       furtherance of the purposes of the Act.               operative delay and designates the
                                               in particular, in that it is designed to
                                                                                                       The Exchange provides routing services                proposal operative upon filing.18
                                               promote just and equitable principles of                                                                         At any time within 60 days of the
                                               trade, to remove impediments to and                     in a highly competitive market in which
                                                                                                       participants may avail themselves of a                filing of the proposed rule change, the
                                               perfect the mechanism of a free and                                                                           Commission summarily may
                                               open market and a national market                       wide variety of routing options offered
                                                                                                       by self-regulatory organizations, other               temporarily suspend such rule change if
                                               system, and, in general to protect                                                                            it appears to the Commission that such
                                               investors and the public interest. The                  broker-dealers, market participants’ own
                                                                                                       proprietary routing systems, and service              action is: (i) Necessary or appropriate in
                                               change to the references to the Parallel                                                                      the public interest; (ii) for the protection
                                               D and Parallel 2D routing options are                   bureaus. In such an environment,
                                                                                                       system enhancements such as the                       of investors; or (iii) otherwise in
                                               intended to align the Exchange’s routing                                                                      furtherance of the purposes of the Act.
                                               strategies between BZX Equities and                     changes proposed in this rule filing do
                                                                                                       not burden competition, because they                  If the Commission takes such action, the
                                               BZX Options. As noted above, there is                                                                         Commission shall institute proceedings
                                                                                                       can succeed in attracting order flow to
                                                 8 The term Protected Quotation is defined in BZX
                                                                                                       the Exchange only if they offer investors               14 15  U.S.C. 78s(b)(3)(A).
                                               Rule 27.1(a)(19) and has the same meaning as is set     higher quality and better value than                    15 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                               forth in Regulation NMS Rule 600(b)(58).                services offered by others.                           4(f)(6) requires a self-regulatory organization to give
                                                 9 Although BZX Equities also offers the SWPA                                                                the Commission written notice of its intent to file
                                               routing strategy, its description is formatted
                                                                                                       (C) Self-Regulatory Organization’s                    the proposed rule change, along with a brief
                                               differently than the EDGX Equities version. In turn,    Statement on Comments on the                          description and the text of the proposed rule
                                               because EDGX is simultaneously proposing to adopt       Proposed Rule Change Received From                    change, at least five business days prior to the date
                                               a SWPA routing strategy for its options trading         Members, Participants or Others                       of filing of the proposed rule change, or such
                                                                                                                                                             shorter time as designated by the Commission. The
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                                               platform (‘‘EDGX Options’’) based on the EDGX
                                               Equities description, the Exchange believes it is         The Exchange has not solicited, and                 Exchange has satisfied this requirement.
                                               preferable to retain consistency between BZX            does not intend to solicit, comments on                  16 17 CFR 240.19b–4(f)(6).

                                               Options and EDGX Options. Accordingly, the                                                                       17 17 CFR 240.19b–4(f)(6)(iii).
                                               Exchange has proposed to follow the structure of
                                                                                                       this proposed rule change. The
                                                                                                                                                                18 For purposes only of waiving the 30-day
                                               the EDGX Equities description rather than the BZX       Exchange has not received any written                 operative delay, the Commission has also
                                               Equities description.                                                                                         considered the proposed rule’s impact on
                                                 10 15 U.S.C. 78f(b).                                    12 15   U.S.C. 78k–1(a)(1).                         efficiency, competition, and capital formation. See
                                                 11 15 U.S.C. 78f(b)(5).                                 13 See   EDGX Rule 11.11(g)(9).                     15 U.S.C. 78c(f).



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                                               16142                            Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Notices

                                               to determine whether the proposed rule                    For the Commission, by the Division of                considered in arriving at such a
                                               should be approved or disapproved.                      Trading and Markets, pursuant to delegated              determination, and the fact that a
                                                                                                       authority.19                                            particular security may meet the
                                               IV. Solicitation of Comments                            Eduardo A. Aleman,                                      standards established by the Exchange
                                                                                                       Assistant Secretary.                                    does not necessarily mean that it will be
                                                 Interested persons are invited to
                                               submit written data, views and                          [FR Doc. 2018–07676 Filed 4–12–18; 8:45 am]             selected as an underlying security. The
                                               arguments concerning the foregoing,                     BILLING CODE 8011–01–P                                  Exchange may give consideration to
                                               including whether the proposal is                                                                               maintaining diversity among various
                                               consistent with the Act. Comments may                                                                           industries and issuers in selecting
                                                                                                       SECURITIES AND EXCHANGE                                 underlying securities. Notwithstanding
                                               be submitted by any of the following
                                                                                                       COMMISSION                                              the foregoing, an underlying security
                                               methods:
                                                                                                       [Release No. 34–83020; File No. SR–                     will not be selected unless:
                                               Electronic Comments                                     CboeEDGX–2018–011]                                         (1)–(4) (No change).
                                                                                                                                                                  (5) Either:
                                                 • Use the Commission’s internet                       Self-Regulatory Organizations; Cboe                        (A) if the underlying security is a
                                               comment form (http://www.sec.gov/                       EDGX Exchange, Inc.; Notice of Filing                   ‘‘covered security’’ as defined under
                                               rules/sro.shtml); or                                    and Immediate Effectiveness of a                        Section 18(b)(1)(A) of the Securities Act
                                                 • Send an email to rule-comments@                     Proposed Rule Change To Amend Rule                      of 1933, the market price per share of
                                               sec.gov. Please include File No. SR–                    19.3, Criteria for Underlying Securities                the underlying security has been at least
                                               CboeBZX–2018–026 on the subject line.                                                                           $3.00 for the previous [five]three
                                                                                                       April 9, 2018.                                          consecutive business days preceding the
                                               Paper Comments                                             Pursuant to Section 19(b)(1) of the                  date on which the Exchange submits a
                                                                                                       Securities Exchange Act of 1934 (the                    certificate to the Clearing Corporation
                                                 • Send paper comments in triplicate                   ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  for listing and trading, as measured by
                                               to Secretary, Securities and Exchange                   notice is hereby given that on March 29,                the closing price reported in the primary
                                               Commission, 100 F Street NE,                            2018, Cboe EDGX Exchange, Inc. (the                     market in which the underlying security
                                               Washington, DC 20549–1090.                              ‘‘Exchange’’ or ‘‘EDGX Options’’) filed                 is traded; or
                                               All submissions should refer to File No.                with the Securities and Exchange                           (B) (No change).
                                               SR–CboeBZX–2018–026. This file                          Commission (‘‘Commission’’) the                            (c)–(m) (No change).
                                                                                                       proposed rule change as described in                    *      *     *     *    *
                                               number should be included on the
                                                                                                       Items I and II below, which Items have                     The text of the proposed rule change
                                               subject line if email is used. To help the
                                                                                                       been prepared by the Exchange. The                      is available at the Exchange’s website at
                                               Commission process and review your
                                                                                                       Exchange has designated this proposal                   www.markets.cboe.com, at the principal
                                               comments more efficiently, please use
                                                                                                       as a ‘‘non-controversial’’ proposed rule                office of the Exchange, and at the
                                               only one method. The Commission will                    change pursuant to Section 19(b)(3)(A)
                                               post all comments on the Commission’s                                                                           Commission’s Public Reference Room.
                                                                                                       of the Act 3 and Rule 19b–4(f)(6)(iii)
                                               internet website (http://www.sec.gov/                   thereunder,4 which renders it effective                 II. Self-Regulatory Organization’s
                                               rules/sro.shtml). Copies of the                         upon filing with the Commission. The                    Statement of the Purpose of, and
                                               submission, all subsequent                              Commission is publishing this notice to                 Statutory Basis for, the Proposed Rule
                                               amendments, all written statements                      solicit comments on the proposed rule                   Change
                                               with respect to the proposed rule                       change from interested persons.                           In its filing with the Commission, the
                                               change that are filed with the                                                                                  Exchange included statements
                                               Commission, and all written                             I. Self-Regulatory Organization’s
                                                                                                       Statement of the Terms of Substance of                  concerning the purpose of and basis for
                                               communications relating to the                                                                                  the proposed rule change and discussed
                                               proposed rule change between the                        the Proposed Rule Change
                                                                                                                                                               any comments it received on the
                                               Commission and any person, other than                     The Exchange filed a proposal to                      proposed rule change. The text of these
                                               those that may be withheld from the                     amend Rule 19.3(b).                                     statements may be examined at the
                                               public in accordance with the                             (additions are italicized; deletions are              places specified in Item IV below. The
                                               provisions of 5 U.S.C. 552, will be                     [bracketed])                                            Exchange has prepared summaries, set
                                               available for website viewing and                       *    *     *     *      *                               forth in Sections A, B, and C below, of
                                               printing in the Commission’s Public                                                                             the most significant parts of such
                                               Reference Room, 100 F Street NE,                        Cboe EDGX Exchange, Inc. Rules
                                                                                                                                                               statements.
                                               Washington, DC 20549, on official                       *           *   *       *      *
                                               business days between the hours of                                                                              (A) Self-Regulatory Organization’s
                                                                                                       Rule 19.3. Criteria for Underlying                      Statement of the Purpose of, and
                                               10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                       Securities                                              Statutory Basis for, the Proposed Rule
                                               filing will also be available for
                                               inspection and copying at the principal                    (a) (No change).                                     Change
                                               office of the Exchange. All comments                       (b) In addition, the Exchange shall                  1. Purpose
                                               received will be posted without change.                 from time to time establish standards to
                                                                                                                                                                  The Exchange proposes to amend
                                               Persons submitting comments are                         be considered in evaluating potential
                                                                                                                                                               Rule 19.3, Criteria for Underlying
                                               cautioned that we do not redact or edit                 underlying securities for EDGX Options
                                                                                                                                                               Securities, to modify the criteria for
                                                                                                       options transactions. There are many
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                                               personal identifying information from                                                                           listing options on an underlying
                                               comment submissions. You should                         relevant factors which must be
                                                                                                                                                               security as defined in Section
                                               submit only information that you wish                                                                           18(b)(1)(A) of the Securities Act of 1933
                                                                                                           19 17 CFR 200.30–3(a)(12).
                                               to make available publicly. All                             1 15                                                (hereinafter ‘‘covered security’’ or
                                                                                                                U.S.C. 78s(b)(1).
                                               submissions should refer to File No.                        2 17 CFR 240.19b–4.                                 ‘‘covered securities’’). This is a
                                               SR–CboeBZX–2018–026 and should be                           3 15 U.S.C. 78s(b)(3)(A).                           competitive filing that is based on a
                                               submitted on or before May 4, 2018.                         4 17 CFR 240.19b–4(f)(6)(iii).                      proposal recently submitted by Nasdaq


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Document Created: 2018-04-13 00:18:32
Document Modified: 2018-04-13 00:18:32
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 Citation83 FR 16140 

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