83_FR_22657 83 FR 22563 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Reorganize and Amend Chapter XV, Section 3, entitled BX Options Market-Ports and Other Services

83 FR 22563 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Reorganize and Amend Chapter XV, Section 3, entitled BX Options Market-Ports and Other Services

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 94 (May 15, 2018)

Page Range22563-22565
FR Document2018-10252

Federal Register, Volume 83 Issue 94 (Tuesday, May 15, 2018)
[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Notices]
[Pages 22563-22565]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10252]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83192; File No. SR-BX-2018-017]


Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing 
and Immediate Effectiveness of a Proposed Rule Change To Reorganize and 
Amend Chapter XV, Section 3, entitled BX Options Market--Ports and 
Other Services

May 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 27, 2018, Nasdaq BX, Inc. (``BX'' or ``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 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.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to reorganize and amend Chapter XV, Section 
3, entitled ``BX Options Market--Ports and Other Services.''
    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaqbx.cchwallstreet.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 aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to reorganize and amend Chapter XV, Section 
3, entitled ``BX Options Market--Ports and Other Services.'' The 
Exchange offers various services across its 6 affiliated options 
markets, BX, The Nasdaq Options Market LLC, Nasdaq Phlx LLC, Nasdaq 
ISE, LLC, Nasdaq GEMX, LLC and Nasdaq MRX, LLC (``Nasdaq Affiliated 
Markets'').\3\ The Exchange desires to rename services to conform the 
naming of the offerings across all Nasdaq Affiliated Markets. The 
Exchange proposes to reorganize Section 3 to list order and quote 
protocols first, order and execution offerings next, followed by data 
ports and other ports as the last section. The Exchange proposes to 
list data offerings which are offered at no cost. The Exchange believes 
that aligning its offerings, where relevant, across the Nasdaq 
Affiliated Markets will provide more transparency as to the offerings 
for market participants.
---------------------------------------------------------------------------

    \3\ The Exchange will file a similar rule change on each Nasdaq 
Affiliated Market to conform the offerings by amending naming to 
make them similar and delineating each offering on the fee schedule 
where no fee is assessed.
---------------------------------------------------------------------------

Ports
    The Exchange proposes to define a port within Section 3 to provide 
additional clarity to the fee schedule as ``a logical connection or 
session that enables a market participant to send inbound messages and/
or receive outbound messages from the Exchange using various 
communication protocols.'' The Exchange believes this definition will 
assist Participants in distinguishing ports from other offerings.
Order and Quote Protocols
    The Exchange proposes to add a new section (i) and include the 
following introductory sentence, ``The following order and quote 
protocols are available on BX.'' Today, BX offers market participants 
an Order Entry order protocol and an SQF quote protocol. These fees 
currently exist on the fee schedule. The Exchange is not amending any 
pricing related to these protocols. The Exchange proposes to rename 
``Order Entry Port Fee'' as ``FIX Port Fee.'' This description is more 
accurate as ``FIX'' is the name of the order entry protocol. A 
Participant may request an SQF Port or an SQF Purge Port, the price is 
$500 for either port. SQF is an interface that allows market makers to 
connect and send quotes, sweeps and auction responses into the 
Exchange. The SQF Purge port only receives and notifies of purge 
requests from the market maker. The proposal is to include a line item 
for each offering because a market participant may either select an SQF 
port or an SQF Purge Port and both are assessed the same $500 fee. The 
price does not vary. The Exchange separately lists these offerings on 
Nasdaq ISE, LLC. A separate line item will make clear that there are 
two options for this offering. The price of the SQF Purge Port is not 
being amended.
    The Exchange believes that grouping the available order and quote 
protocols together into their own subsection will provide greater 
transparency within its fee schedule as to the available protocols.
Order and Execution Information
    The Exchange proposes to add a new section (ii) and add the 
following introductory sentence, ``The following order and execution 
information is available to Participants.'' The Exchange proposes to 
group the available order and execution information that is particular 
to a Participant's executions on BX into its own subsection. Today, BX 
offers CTI, Order Entry DROP and

[[Page 22564]]

TradeInfo. The Exchange proposes to rename ``Order Entry DROP'' as 
``FIX DROP'' for the reasons described above. Nasdaq ISE, LLC uses the 
term FIX DROP. The Exchange proposes to add the word ``Interface'' 
after ``TradeInfo'' to make clear that this particular offering is an 
interface. The Exchange proposes to relocate these current fees into 
section (ii). No changes are being made to pricing and these fees exist 
today within Section 3.

Data Ports

    The Exchange proposes to add a new section (iii) and include the 
following information, ``The following data ports fees apply in 
connection with data subscriptions pursuant to BX Rules at Chapter XV, 
Section 4. The below port fees do not apply if the subscription is 
delivered via multicast.'' The following sentence is simply being 
relocated, ``These ports are available to non-BX Participants and BX 
Participants.'' The Exchange believes the addition of this sentence 
makes clear where the related applicable data fees can be located and 
when the fees for ports are charged. The Exchange notes that if the 
subscription is delivered via multicast, the port fee is not charged. 
There are multiple ways in which data can be communicated. Multicast 
refers to sending data across a network to several users as [sic] a 
time. Unicast on the other hand sends data across a network to a single 
recipient. Finally, TCP, which stands for Transmission Control Protocol 
and is also known as ``TCP/IP'' refers to the suite which includes the 
internet Protocol, provides host-to-host connectivity. Today, the 
Exchange requires a port when a Participant utilized Unicast and TCP/IP 
delivery, but does not required [sic] a port when a Participant selects 
multicast delivery. The Exchange believes this additional information 
will add more transparency to the fee schedule for Participants 
selecting data transmission options. The Exchange notes the current 
offerings for BX Depth and BX Top are being relocated within this 
section. No changes are being made to the fees.
Other Ports
    The Exchange proposes to adopt a new section (iv) entitled ``Other 
Ports'' to include Disaster Recovery Ports. Today, the Exchange offers 
Disaster Recovery Ports for all the ports reorganized into proposed 
subsections (i), (ii) and (iii). The Exchange is noting that these 
ports are available at no cost to make clear their availability.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Securities Exchange Act of 1934,\4\ in 
general, and furthers the objectives of Section 6(b)(5) of the Act,\5\ 
in particular, in that it is designed to promote just and equitable 
principles of trade, to remove impediments to and perfect the mechanism 
for a free and open market and a national market system, and, in 
general, to protect investors and the public interest, by providing 
greater transparency as to the order and execution information offered 
on BX. The Exchange's proposal to reorganize Section 3 and rename 
certain offerings to conform to other Nasdaq Affiliated Markets will 
provide clarity as to the offerings and uniformity in naming similar 
offerings. The Exchange believes that its new structure makes clear the 
differences in its offerings and the availability of various options 
within each type of offering. The Exchange's proposal is consistent 
with the protection of investors and the public interest in that the 
proposal provides greater transparency as to the offerings, the 
application of fees and the availability of offerings which are offered 
at no cost. The Exchange's proposal to define a port should also 
provide market participants with greater insight into the terminology 
utilized within Section 3.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\6\ the Exchange does 
not believe that the proposed rule change will impose any burden on 
intermarket or intra-market competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The Exchange's 
proposal does not impose an undue burden on competition, rather the 
Exchange is seeking to provide greater transparency within its rules 
with respect to the various order and execution information offered on 
BX. The offerings are available to all Participants. The Exchange does 
not intend to amend pricing, rather it proposes to make clear the 
application of the current pricing.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

    No written comments were either solicited or received.

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

    Because the 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 if consistent with the protection of investors 
and the public interest, the proposed rule change has become effective 
pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-4(f)(6) 
thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's intent to file the proposed rule change, along with a 
brief description and 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 under Rule 19b-4(f)(6) \9\ normally 
does not become operative for 30 days after the date of filing. 
However, pursuant to Rule 19b-4(f)(6)(iii),\10\ the Commission may 
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 
such waiver will allow it to update its rules immediately to provide 
more detailed and reorganized information regarding its offerings and 
further the protection of investors and the public interest because it 
will provide greater transparency as to the offerings available to 
members. For this reason, the Commission believes that waiving the 30-
day operative delay is consistent with the protection of investors and 
the public interest and, therefore, the Commission designates the 
proposed rule change to be operative upon filing.\11\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ 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 necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the

[[Page 22565]]

Commission takes such action, the Commission shall institute 
proceedings 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 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 rule-comments@sec.gov. Please include 
File Number SR-BX-2018-017 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-BX-2018-017. 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 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-BX-2018-017, and should be submitted on 
or before June 5, 2018.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10252 Filed 5-14-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices                                              22563

                                               though such ownership will exist for                       publishing this notice to solicit                     more transparency as to the offerings for
                                               only a momentary period of time.                           comments on the proposed rule change                  market participants.
                                                  14. The Applicants submit that the                      from interested persons.
                                               requested exemption from sections                                                                                Ports
                                               12(d)(1)(A) and 12(d)(1)(C) meets the                      I. Self-Regulatory Organization’s                        The Exchange proposes to define a
                                               standards set forth in section 12(d)(1)(J).                Statement of the Terms of Substance of                port within Section 3 to provide
                                               Section 12(d)(1)(J) provides that ‘‘the                    the Proposed Rule Change                              additional clarity to the fee schedule as
                                               Commission, by rule or regulation, upon                       The Exchange proposes to reorganize                ‘‘a logical connection or session that
                                               its own motion or by order upon                            and amend Chapter XV, Section 3,                      enables a market participant to send
                                               application, may conditionally or                          entitled ‘‘BX Options Market—Ports and                inbound messages and/or receive
                                               unconditionally exempt any person,                         Other Services.’’                                     outbound messages from the Exchange
                                               security, or transaction, or any class or                     The text of the proposed rule change               using various communication
                                               classes of persons, securities, or                         is available on the Exchange’s website at             protocols.’’ The Exchange believes this
                                               transactions from any provision of this                    http://nasdaqbx.cchwallstreet.com/, at                definition will assist Participants in
                                               subsection, if and to the extent that such                 the principal office of the Exchange, and             distinguishing ports from other
                                               exemption is consistent with the public                    at the Commission’s Public Reference                  offerings.
                                               interest and the protection of investors.’’                Room.                                                 Order and Quote Protocols
                                                  15. The Applicants state that the
                                               Proposed Transactions are consistent                       II. Self-Regulatory Organization’s                       The Exchange proposes to add a new
                                               with the public interest in that they are                  Statement of the Purpose of, and                      section (i) and include the following
                                               intended to result in a benefit to non-                    Statutory Basis for, the Proposed Rule                introductory sentence, ‘‘The following
                                               electing Unitholders, Electing                             Change                                                order and quote protocols are available
                                               Unitholders and potential future                             In its filing with the Commission, the              on BX.’’ Today, BX offers market
                                               investors in the Extension Fund. The                       Exchange included statements                          participants an Order Entry order
                                               Applicants also state that the Proposed                    concerning the purpose of and basis for               protocol and an SQF quote protocol.
                                               Transactions are consistent with                           the proposed rule change and discussed                These fees currently exist on the fee
                                               investor protection because the                            any comments it received on the                       schedule. The Exchange is not
                                               momentary holding by the Fund of                           proposed rule change. The text of these               amending any pricing related to these
                                               Shares of the Existing Fund does not                       statements may be examined at the                     protocols. The Exchange proposes to
                                               raise any of the concerns that Sections                    places specified in Item IV below. The                rename ‘‘Order Entry Port Fee’’ as ‘‘FIX
                                               12(d)(1)(A) and (C) were intended to                       Exchange has prepared summaries, set                  Port Fee.’’ This description is more
                                               address.                                                   forth in sections A, B, and C below, of               accurate as ‘‘FIX’’ is the name of the
                                                 For the Commission, by the Division of                   the most significant aspects of such                  order entry protocol. A Participant may
                                               Investment Management, under delegated                     statements.                                           request an SQF Port or an SQF Purge
                                               authority.                                                                                                       Port, the price is $500 for either port.
                                                                                                          A. Self-Regulatory Organization’s                     SQF is an interface that allows market
                                               Eduardo A. Aleman,
                                                                                                          Statement of the Purpose of, and the                  makers to connect and send quotes,
                                               Assistant Secretary.
                                                                                                          Statutory Basis for, the Proposed Rule                sweeps and auction responses into the
                                               [FR Doc. 2018–10246 Filed 5–14–18; 8:45 am]                Change                                                Exchange. The SQF Purge port only
                                               BILLING CODE 8011–01–P
                                                                                                          1. Purpose                                            receives and notifies of purge requests
                                                                                                                                                                from the market maker. The proposal is
                                                                                                            The Exchange proposes to reorganize                 to include a line item for each offering
                                               SECURITIES AND EXCHANGE                                    and amend Chapter XV, Section 3,
                                               COMMISSION                                                                                                       because a market participant may either
                                                                                                          entitled ‘‘BX Options Market—Ports and                select an SQF port or an SQF Purge Port
                                               [Release No. 34–83192; File No. SR–BX–                     Other Services.’’ The Exchange offers                 and both are assessed the same $500 fee.
                                               2018–017]                                                  various services across its 6 affiliated              The price does not vary. The Exchange
                                                                                                          options markets, BX, The Nasdaq                       separately lists these offerings on
                                               Self-Regulatory Organizations; Nasdaq                      Options Market LLC, Nasdaq Phlx LLC,
                                               BX, Inc.; Notice of Filing and                                                                                   Nasdaq ISE, LLC. A separate line item
                                                                                                          Nasdaq ISE, LLC, Nasdaq GEMX, LLC                     will make clear that there are two
                                               Immediate Effectiveness of a Proposed                      and Nasdaq MRX, LLC (‘‘Nasdaq
                                               Rule Change To Reorganize and                                                                                    options for this offering. The price of the
                                                                                                          Affiliated Markets’’).3 The Exchange                  SQF Purge Port is not being amended.
                                               Amend Chapter XV, Section 3, entitled                      desires to rename services to conform
                                               BX Options Market—Ports and Other                                                                                   The Exchange believes that grouping
                                                                                                          the naming of the offerings across all                the available order and quote protocols
                                               Services                                                   Nasdaq Affiliated Markets. The                        together into their own subsection will
                                               May 9, 2018.                                               Exchange proposes to reorganize                       provide greater transparency within its
                                                  Pursuant to Section 19(b)(1) of the                     Section 3 to list order and quote                     fee schedule as to the available
                                               Securities Exchange Act of 1934 (the                       protocols first, order and execution                  protocols.
                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2                     offerings next, followed by data ports
                                                                                                          and other ports as the last section. The              Order and Execution Information
                                               notice is hereby given that on April 27,
                                               2018, Nasdaq BX, Inc. (‘‘BX’’ or                           Exchange proposes to list data offerings                The Exchange proposes to add a new
                                               ‘‘Exchange’’) filed with the Securities                    which are offered at no cost. The                     section (ii) and add the following
                                               and Exchange Commission                                    Exchange believes that aligning its                   introductory sentence, ‘‘The following
daltland on DSKBBV9HB2PROD with NOTICES




                                               (‘‘Commission’’) the proposed rule                         offerings, where relevant, across the                 order and execution information is
                                               change as described in Items I and II                      Nasdaq Affiliated Markets will provide                available to Participants.’’ The Exchange
                                               below, which Items have been prepared                                                                            proposes to group the available order
                                                                                                            3 The Exchange will file a similar rule change on
                                               by the Exchange. The Commission is                                                                               and execution information that is
                                                                                                          each Nasdaq Affiliated Market to conform the
                                                                                                          offerings by amending naming to make them similar
                                                                                                                                                                particular to a Participant’s executions
                                                 1 15   U.S.C. 78s(b)(1).                                 and delineating each offering on the fee schedule     on BX into its own subsection. Today,
                                                 2 17   CFR 240.19b–4.                                    where no fee is assessed.                             BX offers CTI, Order Entry DROP and


                                          VerDate Sep<11>2014      20:27 May 14, 2018   Jkt 244001   PO 00000   Frm 00123   Fmt 4703   Sfmt 4703   E:\FR\FM\15MYN1.SGM   15MYN1


                                               22564                          Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices

                                               TradeInfo. The Exchange proposes to                     2. Statutory Basis                         III. Date of Effectiveness of the
                                               rename ‘‘Order Entry DROP’’ as ‘‘FIX                                                               Proposed Rule Change and Timing for
                                                                                                          The Exchange believes that the
                                               DROP’’ for the reasons described above.                                                            Commission Action
                                                                                                       proposed rule change is consistent with
                                               Nasdaq ISE, LLC uses the term FIX                       Section 6(b) of the Securities Exchange       Because the proposed rule change
                                               DROP. The Exchange proposes to add                      Act of 1934,4 in general, and furthers the does not (i) significantly affect the
                                               the word ‘‘Interface’’ after ‘‘TradeInfo’’              objectives of Section 6(b)(5) of the Act,5 protection of investors or the public
                                               to make clear that this particular                      in particular, in that it is designed to   interest; (ii) impose any significant
                                               offering is an interface. The Exchange                  promote just and equitable principles of burden on competition; and (iii) become
                                               proposes to relocate these current fees                 trade, to remove impediments to and        operative for 30 days from the date on
                                               into section (ii). No changes are being                 perfect the mechanism for a free and       which it was filed, or such shorter time
                                               made to pricing and these fees exist                    open market and a national market          as the Commission may designate if
                                               today within Section 3.                                 system, and, in general, to protect        consistent with the protection of
                                                                                                       investors and the public interest, by      investors and the public interest, the
                                               Data Ports
                                                                                                       providing greater transparency as to the proposed rule change has become
                                                  The Exchange proposes to add a new                   order and execution information offered effective pursuant to Section 19(b)(3)(A)
                                               section (iii) and include the following                 on BX. The Exchange’s proposal to          of the Act 7 and Rule 19b–4(f)(6)
                                                                                                       reorganize Section 3 and rename certain thereunder.
                                                                                                                                                                   8
                                               information, ‘‘The following data ports                                                               A   proposed      rule change filed under
                                               fees apply in connection with data                      offerings to conform to other Nasdaq
                                                                                                       Affiliated Markets will provide clarity    Rule 19b–4(f)(6) 9 normally does not
                                               subscriptions pursuant to BX Rules at                                                              become operative for 30 days after the
                                               Chapter XV, Section 4. The below port                   as to the offerings and uniformity in
                                               fees do not apply if the subscription is                naming similar offerings. The Exchange date of filing. However, pursuant to
                                                                                                       believes that its new structure makes      Rule 19b–4(f)(6)(iii),10 the Commission
                                               delivered via multicast.’’ The following                                                           may designate a shorter time if such
                                               sentence is simply being relocated,                     clear the differences in its offerings and
                                                                                                       the availability of various options        action is consistent with the protection
                                               ‘‘These ports are available to non-BX                                                              of investors and the public interest. The
                                                                                                       within each type of offering. The
                                               Participants and BX Participants.’’ The                                                            Exchange has asked the Commission to
                                                                                                       Exchange’s proposal is consistent with
                                               Exchange believes the addition of this                                                             waive the 30-day operative delay so that
                                                                                                       the protection of investors and the
                                               sentence makes clear where the related                  public interest in that the proposal       the proposal may become operative
                                               applicable data fees can be located and                 provides greater transparency as to the    immediately upon filing. The Exchange
                                               when the fees for ports are charged. The                offerings, the application of fees and the states that such waiver will allow it to
                                               Exchange notes that if the subscription                 availability of offerings which are        update its rules immediately to provide
                                               is delivered via multicast, the port fee                offered at no cost. The Exchange’s         more detailed and reorganized
                                               is not charged. There are multiple ways                 proposal to define a port should also      information regarding its offerings and
                                               in which data can be communicated.                      provide market participants with greater further the protection of investors and
                                               Multicast refers to sending data across a               insight into the terminology utilized      the public interest because it will
                                               network to several users as [sic] a time.               within Section 3.                          provide greater transparency as to the
                                               Unicast on the other hand sends data                                                               offerings available to members. For this
                                               across a network to a single recipient.                 B. Self-Regulatory Organization’s          reason, the Commission believes that
                                               Finally, TCP, which stands for                          Statement on Burden on Competition         waiving the 30-day operative delay is
                                               Transmission Control Protocol and is                       In accordance with Section 6(b)(8) of   consistent with the protection of
                                               also known as ‘‘TCP/IP’’ refers to the                  the Act,6 the Exchange does not believe    investors and the public interest and,
                                               suite which includes the internet                       that the proposed rule change will         therefore, the Commission designates
                                               Protocol, provides host-to-host                         impose any burden on intermarket or        the proposed rule change to be operative
                                               connectivity. Today, the Exchange                       intra-market competition that is not       upon filing.11
                                                                                                       necessary or appropriate in furtherance       At any time within 60 days of the
                                               requires a port when a Participant
                                                                                                       of the purposes of the Act. The            filing   of the proposed rule change, the
                                               utilized Unicast and TCP/IP delivery,
                                               but does not required [sic] a port when                 Exchange’s proposal does not impose an Commission summarily may
                                                                                                       undue burden on competition, rather        temporarily suspend such rule change if
                                               a Participant selects multicast delivery.
                                                                                                       the Exchange is seeking to provide         it appears to the Commission that such
                                               The Exchange believes this additional                                                              action is necessary or appropriate in the
                                               information will add more transparency                  greater transparency within its rules
                                                                                                       with respect to the various order and      public interest, for the protection of
                                               to the fee schedule for Participants                                                               investors, or otherwise in furtherance of
                                               selecting data transmission options. The                execution information offered on BX.
                                                                                                       The offerings are available to all         the purposes of the Act. If the
                                               Exchange notes the current offerings for
                                               BX Depth and BX Top are being                           Participants. The Exchange does not          7 15 U.S.C. 78s(b)(3)(A).

                                               relocated within this section. No                       intend to amend pricing, rather it           8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–

                                               changes are being made to the fees.                     proposes to make clear the application     4(f)(6)(iii) requires the Exchange to give the
                                                                                                       of the current pricing.                    Commission written notice of the Exchange’s intent
                                               Other Ports                                                                                                   to file the proposed rule change, along with a brief
                                                                                                       C. Self-Regulatory Organization’s                     description and text of the proposed rule change,
                                                  The Exchange proposes to adopt a                     Statement on Comments on the                          at least five business days prior to the date of filing
                                                                                                       Proposed Rule Change Received From                    of the proposed rule change, or such shorter time
                                               new section (iv) entitled ‘‘Other Ports’’                                                                     as designated by the Commission. The Exchange
daltland on DSKBBV9HB2PROD with NOTICES




                                               to include Disaster Recovery Ports.                     Members, Participants, or Others                      has satisfied this requirement.
                                               Today, the Exchange offers Disaster                       No written comments were either                        9 17 CFR 240.19b–4(f)(6).

                                               Recovery Ports for all the ports                        solicited or received.                                   10 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                                11 For purposes only of waiving the 30-day
                                               reorganized into proposed subsections
                                                                                                                                                             operative delay, the Commission has also
                                               (i), (ii) and (iii). The Exchange is noting              4 15 U.S.C. 78f(b).                                  considered the proposed rule’s impact on
                                               that these ports are available at no cost                5 15 U.S.C. 78f(b)(5).                               efficiency, competition, and capital formation. See
                                               to make clear their availability.                        6 15 U.S.C. 78f(b)(8).                               15 U.S.C. 78c(f).



                                          VerDate Sep<11>2014   20:27 May 14, 2018   Jkt 244001   PO 00000   Frm 00124   Fmt 4703   Sfmt 4703   E:\FR\FM\15MYN1.SGM   15MYN1


                                                                                Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices                                                       22565

                                               Commission takes such action, the                           For the Commission, by the Division of               the proposed rule change and discussed
                                               Commission shall institute proceedings                    Trading and Markets, pursuant to delegated             any comments it received on the
                                               to determine whether the proposed rule                    authority.12                                           proposed rule change. The text of these
                                               should be approved or disapproved.                        Eduardo A. Aleman,                                     statements may be examined at the
                                                                                                         Assistant Secretary.                                   places specified in Item IV below. The
                                               IV. Solicitation of Comments
                                                                                                         [FR Doc. 2018–10252 Filed 5–14–18; 8:45 am]            Exchange has prepared summaries, set
                                                 Interested persons are invited to                       BILLING CODE 8011–01–P                                 forth in Sections A, B, and C below, of
                                               submit written data, views, and                                                                                  the most significant parts of such
                                               arguments concerning the foregoing,                                                                              statements.
                                               including whether the proposed rule                       SECURITIES AND EXCHANGE
                                               change is consistent with the Act.                        COMMISSION                                             A. Self-Regulatory Organization’s
                                               Comments may be submitted by any of                                                                              Statement of the Purpose of, and the
                                               the following methods:                                    [Release No. 34–83200; File No. SR–                    Statutory Basis for, the Proposed Rule
                                                                                                         CboeBZX–2018–031]                                      Change
                                               Electronic Comments
                                                                                                         Self-Regulatory Organizations; Cboe                    1. Purpose
                                                 • Use the Commission’s internet
                                               comment form (http://www.sec.gov/                         BZX Exchange, Inc.; Notice of Filing
                                                                                                                                                                  The Exchange proposes to amend its
                                               rules/sro.shtml); or                                      and Immediate Effectiveness of a
                                                                                                                                                                fee schedule for its equity options
                                                 • Send an email to rule-comments@                       Proposed Rule Change To Modify
                                                                                                                                                                platform (‘‘BZX Options’’) to make
                                               sec.gov. Please include File Number SR–                   Certain Routing Fees Related to its
                                                                                                                                                                certain changes to the following tiers: (i)
                                               BX–2018–017 on the subject line.                          Equity Options Platform
                                                                                                                                                                Quoting Incentive Program (‘‘QIP’’) Tier
                                               Paper Comments                                            May 9, 2018.                                           2 under footnote 5; (ii) Non-Customer
                                                                                                            Pursuant to Section 19(b)(1) of the                 Non-Penny Pilot Take Volume Tiers 1
                                                  • Send paper comments in triplicate                                                                           and 2 under footnote 13; and (iii) Non-
                                               to Secretary, Securities and Exchange                     Securities Exchange Act of 1934 (the
                                                                                                         ‘‘Act’’),1 and Rule 19b–4 thereunder,2                 Customer Penny Pilot Take Volume
                                               Commission, 100 F Street NE,                                                                                     Tiers 1 and 3 under footnote 3, effective
                                               Washington, DC 20549–1090.                                notice is hereby given that on May 1,
                                                                                                         2018, Cboe BZX Exchange, Inc. (the                     May 1, 2018.
                                               All submissions should refer to File
                                                                                                         ‘‘Exchange’’ or ‘‘BZX’’) filed with the                QIP Volume Tier 2
                                               Number SR–BX–2018–017. This file
                                                                                                         Securities and Exchange Commission
                                               number should be included on the                                                                                    The Exchange currently offers two
                                                                                                         (‘‘Commission’’) the proposed rule
                                               subject line if email is used. To help the                                                                       QIP Tiers under footnote 5, which
                                                                                                         change as described in Items I, II and III
                                               Commission process and review your                                                                               provide an additional rebate ranging
                                                                                                         below, which Items have been prepared
                                               comments more efficiently, please use                                                                            from $0.02 to $0.04 per contract for
                                                                                                         by the Exchange. The Exchange has
                                               only one method. The Commission will                                                                             qualifying Market Maker 5 orders that
                                                                                                         designated the proposed rule change as
                                               post all comments on the Commission’s                                                                            add liquidity in: (i) Penny Pilot
                                                                                                         one establishing or changing a member
                                               internet website (http://www.sec.gov/                                                                            Securities that yield fee code PM and;
                                                                                                         due, fee, or other charge imposed by the
                                               rules/sro.shtml). Copies of the                                                                                  (ii) Non-Penny Pilot Securities that
                                                                                                         Exchange under Section 19(b)(3)(A)(ii)
                                               submission, all subsequent                                                                                       yield fee code NM. The additional
                                                                                                         of the Act 3 and Rule 19b–4(f)(2)
                                               amendments, all written statements                                                                               rebate per contract is for an order that
                                                                                                         thereunder,4 which renders the
                                               with respect to the proposed rule                                                                                adds liquidity to BZX Options in
                                                                                                         proposed rule change effective upon
                                               change that are filed with the                                                                                   options classes in which a Member is a
                                                                                                         filing with the Commission. The
                                               Commission, and all written                                                                                      Market Maker registered pursuant to
                                                                                                         Commission is publishing this notice to
                                               communications relating to the                                                                                   Exchange Rule 22.2. The Exchange now
                                                                                                         solicit comments on the proposed rule
                                               proposed rule change between the                                                                                 proposes to amend the required criteria
                                                                                                         change from interested persons.
                                               Commission and any person, other than                                                                            for QIP Tier 2. Particularly, under
                                               those that may be withheld from the                       I. Self-Regulatory Organization’s                      current Tier 2, a Member may receive an
                                               public in accordance with the                             Statement of the Terms of Substance of                 additional rebate of $0.04 per contract
                                               provisions of 5 U.S.C. 552, will be                       the Proposed Rule Change                               where they have an ADAV 6 in Market
                                               available for website viewing and                            The Exchange filed a proposal to                    Maker orders greater than or equal to
                                               printing in the Commission’s Public                       modify certain Routing Fees related to                 0.35% of average OCV.7 The Exchange
                                               Reference Room, 100 F Street NE,                          its equity options platform.                           proposes to amend the required criteria
                                               Washington, DC 20549, on official                            The text of the proposed rule change                for Tier 2 to now require that the
                                               business days between the hours of                        is available at the Exchange’s website at              Member have an ADAV in Market
                                               10:00 a.m. and 3:00 p.m. Copies of the                    www.markets.cboe.com, at the principal                 Maker orders greater than or equal to
                                               filing also will be available for                         office of the Exchange, and at the                     1.40% of average OCV.
                                               inspection and copying at the principal                   Commission’s Public Reference Room.
                                               office of the Exchange. All comments                                                                                5 A Market Maker must be registered with BZX
                                               received will be posted without change.                   II. Self-Regulatory Organization’s                     Options in an average of 20% or more of the
                                               Persons submitting comments are                           Statement of the Purpose of, and                       associated options series in a class in order to
                                               cautioned that we do not redact or edit                   Statutory Basis for, the Proposed Rule                 qualify for QIP rebates for that class.
                                               personal identifying information from                     Change                                                    6 ‘‘ADAV’’ means average daily added volume

                                                                                                                                                                calculated as the number of contracts added per
                                               comment submissions. You should                             In its filing with the Commission, the
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                                day. See Exchange Fee Schedule.
                                               submit only information that you wish                     Exchange included statements                              7 ‘‘OCV’’ means the total equity and ETF options
                                               to make available publicly. All                           concerning the purpose of and basis for                volume that clears in the Customer range at the
                                               submissions should refer to File                                                                                 Options Clearing Corporation (‘‘OCC’’) for the
                                               Number SR–BX–2018–017, and should                           1 15
                                                                                                                                                                month for which the fees apply, excluding volume
                                                                                                                U.S.C. 78s(b)(1).                               on any day that the Exchange experiences an
                                               be submitted on or before June 5, 2018.                     2 17 CFR 240.19b–4.                                  Exchange System Disruption and on any day with
                                                                                                           3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                                                                                a scheduled early market close. See Exchange Fee
                                                 12 17   CFR 200.30–3(a)(12).                              4 17 CFR 240.19b–4(f)(2).                            Schedule.



                                          VerDate Sep<11>2014     20:27 May 14, 2018   Jkt 244001   PO 00000   Frm 00125   Fmt 4703    Sfmt 4703   E:\FR\FM\15MYN1.SGM   15MYN1



Document Created: 2018-05-15 00:34:08
Document Modified: 2018-05-15 00:34:08
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 22563 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR