83_FR_28993 83 FR 28873 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Physical Port Fees for Cboe Options

83 FR 28873 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Physical Port Fees for Cboe Options

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 120 (June 21, 2018)

Page Range28873-28874
FR Document2018-13302

Federal Register, Volume 83 Issue 120 (Thursday, June 21, 2018)
[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Notices]
[Pages 28873-28874]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13302]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83453; File No. SR-CBOE-2018-041]


Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Related to 
Physical Port Fees for Cboe Options

June 15, 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 June 1, 2018, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe 
Options'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend its Fees Schedule. The text of the 
proposed rule change is also available on the Exchange's website 
(http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the 
Exchange's Office of the Secretary, and at the Commission's Public 
Reference Room.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

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

1. Purpose
    The Exchange proposes to amend its fees for Network Access Ports 
used for Disaster Recovery, effective June 1, 2018. Currently, the 
Exchange assesses $250 per port, per month for 1 gigabit (Gbps) and 10 
Gbps Network Access Ports that connect to the Exchange's Disaster 
Recovery Systems in Chicago (``Disaster Recovery Ports''). The Exchange 
proposes to increase its fees for Disaster Recovery Ports. 
Specifically, the Exchange proposes to assess a monthly fee of $2,000 
per 1 Gbps Disaster Recovery Port and a monthly fee of $6,000 per 10 
Gbps Disaster Recovery Port. This amount will continue to enable the 
Exchange to maintain the Disaster Recovery Ports in case they become 
necessary. The Exchange notes that the Disaster Recovery Ports may now 
also be used to access the Disaster Recovery Systems for the following 
affiliate exchanges: Cboe BZX Exchange, Inc., Cboe EDGX Exchange, Inc., 
Cboe EDGA Exchange, Inc., Cboe C2 Exchange, Inc., Cboe BYX Exchange, 
Inc. and Cboe Futures Exchange, LLC (``Affiliated Exchanges''). The 
Exchange proposes to provide that market participants will only be 
assessed a single fee for any Disaster Recovery Port that also accesses 
the Disaster Recovery Systems for these exchanges.\3\
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    \3\ For example, if a market participant uses a 1 Gbps Disaster 
Recovery Port to connect to the Disaster Recovery Systems for both 
Cboe Options and EDGX, the market participant would only be assessed 
one monthly fee of $2,000.
---------------------------------------------------------------------------

    Lastly, the Exchange notes that the Fees Schedule currently 
provides that separate Network Access Port fees are assessed for 
unicast (orders, quotes) and multicast (market data) connectivity and 
includes a parenthetical that clarifies that ``if a TPH uses the 1 Gbps 
Disaster Recovery Network Access Port for unicast and multicast 
connectivity, the TPH will be charged $500 per month''. The exchange 
notes that certain Network Access Ports that connect to the Disaster 
Recovery Systems are able to receive both multicast and unicast 
traffic, whereas other Network Access Ports can only receive one type 
of connectivity each (thus requiring a market participants to maintain 
two ports if that market participant desires both types of 
connectivity). Accordingly, market participants are currently assessed 
fees based on connectivity (i.e., a TPH is charged two port fees 
regardless of whether it receives both unicast and multicast 
connectivity over a single port or each type of connectivity over two 
separate ports). The Exchange notes that physical ports, including 
Disaster Recovery Ports, at its Affiliated Exchanges allow for unicast 
and multicast connectivity to be received through a single port and 
that those Exchanges therefore assess only a ``per port'' fee (instead 
of a ``per connectivity type'' fee). Since market participants will be 
able to use Disaster Recovery Ports to access the Disaster Recovery 
Systems of Cboe Options and its Affiliated Exchanges, the Exchange 
proposes to no longer charge for unicast and multicast connectivity 
separately for Disaster Recovery Ports. Therefore, the Exchange 
proposes to eliminate the clarification pertaining to Disaster Recovery 
Ports currently in the parenthetical in the Notes section. Similarly, 
the Exchange also proposes to make clear in the Fees Schedule that if a 
market participant maintains two Disaster Recovery Ports of the same 
size in order to receive unicast and multicast connectivity (i.e., they 
cannot receive both connectivity types over 1 port), then the Exchange 
will only assess one Disaster Recovery Port fee (e.g., if a TPH has two 
1 Gb Disaster Recovery Ports, one of which receives unicast traffic and 
the other of which only receives multicast traffic, that TPH will be 
assessed $2,000, instead of $4,000).
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\4\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \5\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to,

[[Page 28874]]

and facilitating transactions in securities, to remove impediments to 
and perfect the mechanism of a free and open market and a national 
market system, and, in general, to protect investors and the public 
interest. Additionally, the Exchange believes the proposed rule change 
is consistent with the Section 6(b)(5) \6\ requirement that the rules 
of an exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
    \6\ Id.
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    The Exchange believes the proposed fee increase is reasonable 
because it will assist the Exchange in recouping costs associated with 
maintaining its Disaster Recovery Ports and Disaster Recovery Systems 
in case of necessity. The Exchange also notes that it hasn't amended 
the fee amount since it adopted the fee in 2012.\7\ Additionally, the 
proposed fees are the same as are concurrently being proposed for its 
Affiliate Exchanges and other exchanges assess similar fees for 
connection to their Disaster Recovery Systems by their market 
participants.\8\ The Exchange believes it's reasonable, equitable and 
not unfairly discriminatory to assess the Disaster Recovery Port fee 
only once if it connects with another affiliate exchange because only 
one port is being used and the Exchange does not wish to charge 
multiple fees for the same port. Similarly, the Exchange believes it's 
reasonable to assess only one fee for multicast and unicast 
connectivity, regardless if both connectivity types are available on a 
single port or separate ports, because the Exchange's affiliate 
exchanges do not charge port fees based on connectivity types. Lastly, 
the Exchange believes the proposed changes are equitable and 
nondiscriminatory because it applies uniformly to all market 
participants.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 68342 (December 3, 
2012) 77 FR 73096 (December 7, 2012) (SR-CBOE-2012-114).
    \8\ See e.g., NYSE Arca Equities Fees and Charges, NYSE Arca 
Marketplace: Other Fees and Charges, Connectivity Fees. See also, 
Nasdaq Phlx LLC Pricing Schedule, Section XI.
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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 does not 
believe that the proposed rule change will impose any burden on 
intramarket competition that is not necessary or appropriate in 
furtherance of the purposes of the Act because the proposed change 
applies uniformly to all market participants. The Exchange does not 
believe that the proposed rule change will impose any burden on 
competition not necessary or appropriate in furtherance of the purposes 
of the Act. Market participants may opt to disfavor the Exchange's 
pricing if they believe that alternatives offer them better value. 
Further, excessive fees for connectivity would serve to impair an 
exchange's ability to compete for order flow rather than burdening 
competition.

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

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

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \9\ and paragraph (f) of Rule 19b-4 \10\ 
thereunder. At any time within 60 days of the filing of the proposed 
rule change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission will institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-CBOE-2018-041 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2018-041. 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-CBOE-2018-041 and should be submitted on 
or before July 12, 2018.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-13302 Filed 6-20-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices                                            28873

                                              DATES: The meeting will begin at 4:30                      concerning the purpose of and basis for                to receive both multicast and unicast
                                              p.m. on July 25, 2018.                                     the proposed rule change and discussed                 traffic, whereas other Network Access
                                              ADDRESSES: The meeting will be held at                     any comments it received on the                        Ports can only receive one type of
                                              the Officers’ Club, 50 Moraga Avenue,                      proposed rule change. The text of these                connectivity each (thus requiring a
                                              Presidio of San Francisco.                                 statements may be examined at the                      market participants to maintain two
                                              FOR FURTHER INFORMATION CONTACT:                           places specified in Item IV below. The                 ports if that market participant desires
                                              Nancy J. Koch, General Counsel, the                        Exchange has prepared summaries, set                   both types of connectivity).
                                              Presidio Trust, 103 Montgomery Street,                     forth in sections A, B, and C below, of                Accordingly, market participants are
                                              P.O. Box 29052, San Francisco,                             the most significant aspects of such                   currently assessed fees based on
                                              California 94129–0052, Telephone: 415–                     statements.                                            connectivity (i.e., a TPH is charged two
                                              561–5300.                                                                                                         port fees regardless of whether it
                                                                                                         A. Self-Regulatory Organization’s
                                                                                                                                                                receives both unicast and multicast
                                                Dated: June 15, 2018.                                    Statement of the Purpose of, and
                                                                                                                                                                connectivity over a single port or each
                                              Nancy J. Koch,                                             Statutory Basis for, the Proposed Rule
                                                                                                                                                                type of connectivity over two separate
                                              General Counsel.                                           Change
                                                                                                                                                                ports). The Exchange notes that physical
                                              [FR Doc. 2018–13357 Filed 6–20–18; 8:45 am]                1. Purpose                                             ports, including Disaster Recovery Ports,
                                              BILLING CODE 4310–4R–P                                        The Exchange proposes to amend its                  at its Affiliated Exchanges allow for
                                                                                                         fees for Network Access Ports used for                 unicast and multicast connectivity to be
                                                                                                         Disaster Recovery, effective June 1,                   received through a single port and that
                                              SECURITIES AND EXCHANGE                                    2018. Currently, the Exchange assesses                 those Exchanges therefore assess only a
                                              COMMISSION                                                 $250 per port, per month for 1 gigabit                 ‘‘per port’’ fee (instead of a ‘‘per
                                                                                                         (Gbps) and 10 Gbps Network Access                      connectivity type’’ fee). Since market
                                              [Release No. 34–83453; File No. SR–CBOE–                                                                          participants will be able to use Disaster
                                              2018–041]                                                  Ports that connect to the Exchange’s
                                                                                                         Disaster Recovery Systems in Chicago                   Recovery Ports to access the Disaster
                                              Self-Regulatory Organizations; Cboe                        (‘‘Disaster Recovery Ports’’). The                     Recovery Systems of Cboe Options and
                                              Exchange, Inc.; Notice of Filing and                       Exchange proposes to increase its fees                 its Affiliated Exchanges, the Exchange
                                              Immediate Effectiveness of a Proposed                      for Disaster Recovery Ports. Specifically,             proposes to no longer charge for unicast
                                              Rule Change Related to Physical Port                       the Exchange proposes to assess a                      and multicast connectivity separately
                                              Fees for Cboe Options                                      monthly fee of $2,000 per 1 Gbps                       for Disaster Recovery Ports. Therefore,
                                                                                                         Disaster Recovery Port and a monthly                   the Exchange proposes to eliminate the
                                              June 15, 2018,
                                                                                                         fee of $6,000 per 10 Gbps Disaster                     clarification pertaining to Disaster
                                                 Pursuant to Section 19(b)(1) of the                     Recovery Port. This amount will                        Recovery Ports currently in the
                                              Securities Exchange Act of 1934 (the                       continue to enable the Exchange to                     parenthetical in the Notes section.
                                              ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                            Similarly, the Exchange also proposes to
                                                                                                         maintain the Disaster Recovery Ports in
                                              notice is hereby given that on June 1,                                                                            make clear in the Fees Schedule that if
                                                                                                         case they become necessary. The
                                              2018, Cboe Exchange, Inc. (the                                                                                    a market participant maintains two
                                                                                                         Exchange notes that the Disaster
                                              ‘‘Exchange’’ or ‘‘Cboe Options’’) filed                                                                           Disaster Recovery Ports of the same size
                                                                                                         Recovery Ports may now also be used to
                                              with the Securities and Exchange                                                                                  in order to receive unicast and multicast
                                                                                                         access the Disaster Recovery Systems for
                                              Commission (the ‘‘Commission’’) the                                                                               connectivity (i.e., they cannot receive
                                                                                                         the following affiliate exchanges: Cboe
                                              proposed rule change as described in                                                                              both connectivity types over 1 port),
                                                                                                         BZX Exchange, Inc., Cboe EDGX
                                              Items I, II, and III below, which Items                                                                           then the Exchange will only assess one
                                                                                                         Exchange, Inc., Cboe EDGA Exchange,
                                              have been prepared by the Exchange.                                                                               Disaster Recovery Port fee (e.g., if a TPH
                                                                                                         Inc., Cboe C2 Exchange, Inc., Cboe BYX
                                              The Commission is publishing this                                                                                 has two 1 Gb Disaster Recovery Ports,
                                                                                                         Exchange, Inc. and Cboe Futures                        one of which receives unicast traffic and
                                              notice to solicit comments on the                          Exchange, LLC (‘‘Affiliated Exchanges’’).
                                              proposed rule change from interested                                                                              the other of which only receives
                                                                                                         The Exchange proposes to provide that                  multicast traffic, that TPH will be
                                              persons.                                                   market participants will only be                       assessed $2,000, instead of $4,000).
                                              I. Self-Regulatory Organization’s                          assessed a single fee for any Disaster
                                              Statement of the Terms of Substance of                     Recovery Port that also accesses the                   2. Statutory Basis
                                              the Proposed Rule Change                                   Disaster Recovery Systems for these                       The Exchange believes the proposed
                                                 The Exchange proposes to amend its                      exchanges.3                                            rule change is consistent with the
                                                                                                            Lastly, the Exchange notes that the                 Securities Exchange Act of 1934 (the
                                              Fees Schedule. The text of the proposed
                                                                                                         Fees Schedule currently provides that                  ‘‘Act’’) and the rules and regulations
                                              rule change is also available on the
                                                                                                         separate Network Access Port fees are                  thereunder applicable to the Exchange
                                              Exchange’s website (http://
                                                                                                         assessed for unicast (orders, quotes) and              and, in particular, the requirements of
                                              www.cboe.com/AboutCBOE/
                                                                                                         multicast (market data) connectivity and               Section 6(b) of the Act.4 Specifically,
                                              CBOELegalRegulatoryHome.aspx), at
                                                                                                         includes a parenthetical that clarifies                the Exchange believes the proposed rule
                                              the Exchange’s Office of the Secretary,
                                                                                                         that ‘‘if a TPH uses the 1 Gbps Disaster               change is consistent with the Section
                                              and at the Commission’s Public
                                                                                                         Recovery Network Access Port for                       6(b)(5) 5 requirements that the rules of
                                              Reference Room.
                                                                                                         unicast and multicast connectivity, the                an exchange be designed to prevent
                                              II. Self-Regulatory Organization’s                         TPH will be charged $500 per month’’.                  fraudulent and manipulative acts and
                                              Statement of the Purpose of, and                           The exchange notes that certain                        practices, to promote just and equitable
amozie on DSK3GDR082PROD with NOTICES1




                                              Statutory Basis for, the Proposed Rule                     Network Access Ports that connect to                   principles of trade, to foster cooperation
                                              Change                                                     the Disaster Recovery Systems are able                 and coordination with persons engaged
                                                 In its filing with the Commission, the                                                                         in regulating, clearing, settling,
                                                                                                           3 For example, if a market participant uses a 1
                                              Exchange included statements                               Gbps Disaster Recovery Port to connect to the
                                                                                                                                                                processing information with respect to,
                                                                                                         Disaster Recovery Systems for both Cboe Options
                                                1 15   U.S.C. 78s(b)(1).                                                                                         4 15   U.S.C. 78f(b).
                                                                                                         and EDGX, the market participant would only be
                                                2 17   CFR 240.19b–4.                                    assessed one monthly fee of $2,000.                     5 15   U.S.C. 78f(b)(5).



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                                              28874                         Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices

                                              and facilitating transactions in                        The Exchange does not believe that the                  number should be included on the
                                              securities, to remove impediments to                    proposed rule change will impose any                    subject line if email is used. To help the
                                              and perfect the mechanism of a free and                 burden on competition not necessary or                  Commission process and review your
                                              open market and a national market                       appropriate in furtherance of the                       comments more efficiently, please use
                                              system, and, in general, to protect                     purposes of the Act. Market participants                only one method. The Commission will
                                              investors and the public interest.                      may opt to disfavor the Exchange’s                      post all comments on the Commission’s
                                              Additionally, the Exchange believes the                 pricing if they believe that alternatives               internet website (http://www.sec.gov/
                                              proposed rule change is consistent with                 offer them better value. Further,                       rules/sro.shtml). Copies of the
                                              the Section 6(b)(5) 6 requirement that                  excessive fees for connectivity would                   submission, all subsequent
                                              the rules of an exchange not be designed                serve to impair an exchange’s ability to                amendments, all written statements
                                              to permit unfair discrimination between                 compete for order flow rather than                      with respect to the proposed rule
                                              customers, issuers, brokers, or dealers.                burdening competition.                                  change that are filed with the
                                                 The Exchange believes the proposed                                                                           Commission, and all written
                                              fee increase is reasonable because it will              C. Self-Regulatory Organization’s                       communications relating to the
                                              assist the Exchange in recouping costs                  Statement on Comments on the                            proposed rule change between the
                                              associated with maintaining its Disaster                Proposed Rule Change Received From                      Commission and any person, other than
                                              Recovery Ports and Disaster Recovery                    Members, Participants, or Others                        those that may be withheld from the
                                              Systems in case of necessity. The                         The Exchange neither solicited nor                    public in accordance with the
                                              Exchange also notes that it hasn’t                      received comments on the proposed                       provisions of 5 U.S.C. 552, will be
                                              amended the fee amount since it                         rule change.                                            available for website viewing and
                                              adopted the fee in 2012.7 Additionally,                                                                         printing in the Commission’s Public
                                              the proposed fees are the same as are                   III. Date of Effectiveness of the                       Reference Room, 100 F Street NE,
                                              concurrently being proposed for its                     Proposed Rule Change and Timing for                     Washington, DC 20549, on official
                                              Affiliate Exchanges and other exchanges                 Commission Action                                       business days between the hours of
                                              assess similar fees for connection to                      The foregoing rule change has become                 10:00 a.m. and 3:00 p.m. Copies of the
                                              their Disaster Recovery Systems by their                effective pursuant to Section 19(b)(3)(A)               filing also will be available for
                                              market participants.8 The Exchange                      of the Act 9 and paragraph (f) of Rule                  inspection and copying at the principal
                                              believes it’s reasonable, equitable and                 19b–4 10 thereunder. At any time within                 office of the Exchange. All comments
                                              not unfairly discriminatory to assess the               60 days of the filing of the proposed rule              received will be posted without change.
                                              Disaster Recovery Port fee only once if                 change, the Commission summarily may                    Persons submitting comments are
                                              it connects with another affiliate                      temporarily suspend such rule change if                 cautioned that we do not redact or edit
                                              exchange because only one port is being                 it appears to the Commission that such                  personal identifying information from
                                              used and the Exchange does not wish to                  action is necessary or appropriate in the               comment submissions. You should
                                              charge multiple fees for the same port.                 public interest, for the protection of                  submit only information that you wish
                                              Similarly, the Exchange believes it’s                   investors, or otherwise in furtherance of               to make available publicly. All
                                              reasonable to assess only one fee for                   the purposes of the Act. If the                         submissions should refer to File
                                              multicast and unicast connectivity,                     Commission takes such action, the                       Number SR–CBOE–2018–041 and
                                              regardless if both connectivity types are               Commission will institute proceedings                   should be submitted on or before July
                                              available on a single port or separate                  to determine whether the proposed rule                  12, 2018.
                                              ports, because the Exchange’s affiliate                 change should be approved or                              For the Commission, by the Division of
                                              exchanges do not charge port fees based                 disapproved.                                            Trading and Markets, pursuant to delegated
                                              on connectivity types. Lastly, the                                                                              authority.11
                                              Exchange believes the proposed changes                  IV. Solicitation of Comments
                                                                                                                                                              Eduardo A. Aleman,
                                              are equitable and nondiscriminatory                       Interested persons are invited to                     Assistant Secretary.
                                              because it applies uniformly to all                     submit written data, views, and                         [FR Doc. 2018–13302 Filed 6–20–18; 8:45 am]
                                              market participants.                                    arguments concerning the foregoing,
                                                                                                                                                              BILLING CODE 8011–01–P
                                                                                                      including whether the proposed rule
                                              B. Self-Regulatory Organization’s                       change is consistent with the Act.
                                              Statement on Burden on Competition                      Comments may be submitted by any of                     SECURITIES AND EXCHANGE
                                                 The Exchange does not believe that                   the following methods:                                  COMMISSION
                                              the proposed rule change will impose
                                              any burden on competition that is not                   Electronic Comments                                     [Release No. 34–83454; File No. SR–NYSE–
                                              necessary or appropriate in furtherance                   • Use the Commission’s internet                       2018–28]
                                              of the purposes of the Act. The                         comment form (http://www.sec.gov/
                                                                                                                                                              Self-Regulatory Organizations; New
                                              Exchange does not believe that the                      rules/sro.shtml); or
                                                                                                                                                              York Stock Exchange LLC; Notice of
                                              proposed rule change will impose any                      • Send an email to rule-comments@
                                                                                                                                                              Filing of Proposed Rule Change To
                                              burden on intramarket competition that                  sec.gov. Please include File Number SR–
                                                                                                                                                              Make Permanent the Retail Liquidity
                                              is not necessary or appropriate in                      CBOE–2018–041 on the subject line.
                                                                                                                                                              Program Pilot, Rule 107C, Which Is
                                              furtherance of the purposes of the Act                  Paper Comments                                          Currently Set To Expire on June 30,
                                              because the proposed change applies                                                                             2018
                                              uniformly to all market participants.                     • Send paper comments in triplicate
                                                                                                      to Secretary, Securities and Exchange                   June 15, 2018.
amozie on DSK3GDR082PROD with NOTICES1




                                                6 Id.                                                 Commission, 100 F Street NE,                               Pursuant to Section 19(b)(1) of the
                                                7 See Securities Exchange Act Release No. 68342       Washington, DC 20549–1090.                              Securities Exchange Act of 1934
                                              (December 3, 2012) 77 FR 73096 (December 7, 2012)       All submissions should refer to File
                                              (SR–CBOE–2012–114).
                                                                                                                                                              (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                8 See e.g., NYSE Arca Equities Fees and Charges,
                                                                                                      Number SR–CBOE–2018–041. This file
                                                                                                                                                                11 17 CFR 200.30–3(a)(12).
                                              NYSE Arca Marketplace: Other Fees and Charges,
                                                                                                        9 15 U.S.C. 78s(b)(3)(A).                               1 15 U.S.C. 78s(b)(1).
                                              Connectivity Fees. See also, Nasdaq Phlx LLC
                                              Pricing Schedule, Section XI.                             10 17 CFR 240.19b–4(f).                                 2 17 CFR 240.19b–4.




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Document Created: 2018-06-21 01:23:15
Document Modified: 2018-06-21 01:23:15
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 28873 

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