83_FR_31941 83 FR 31810 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fees Schedule With Respect to Expiring Fee Waivers and Remove the FLEX Trader Incentive Program

83 FR 31810 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fees Schedule With Respect to Expiring Fee Waivers and Remove the FLEX Trader Incentive Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 131 (July 9, 2018)

Page Range31810-31812
FR Document2018-14666

Federal Register, Volume 83 Issue 131 (Monday, July 9, 2018)
[Federal Register Volume 83, Number 131 (Monday, July 9, 2018)]
[Notices]
[Pages 31810-31812]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14666]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83587; File No. SR-CBOE-2018-051]


Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Its Fees Schedule With Respect to Expiring Fee Waivers and Remove the 
FLEX Trader Incentive Program

July 3, 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 July 2, 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 and II 
below, which Items have been prepared by the Exchange. The Exchange 
filed the proposal as a ``non-controversial'' proposed rule change 
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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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 relating to 
various fee waivers and the Flex Trader Incentive Program that are set 
to expire June 30, 2018.
    The text of the proposed rule change is available on the Exchange's 
website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), 
at the Exchange's Office of the Secretary, and at the Commission's 
Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fees Schedule relating to 
various fee waivers and the Flex Trader Incentive Program that are set 
to expire June 30, 2018.
VIX and Select Sector License Index Surcharge
    The Exchange first proposes to extend the current waiver of the VIX 
and Select Sector Index License Surcharge of $0.10 per contract for 
Clearing Trading Permit Holder Proprietary (``Firm'') (origin codes 
``F'' or ``L'') VIX and Select Sector orders that have a premium of 
$0.10 or lower and have series with an expiration of seven (7) calendar 
days or less. The Exchange adopted the current waiver to reduce 
transaction costs on expiring, low-priced VIX and Select Sector 
options, which the Exchange believed would encourage Firms to seek to 
close and/or roll over such positions close to expiration at low 
premium levels, including facilitating customers to do so, in order to 
free up capital and encourage additional trading. The Exchange had 
proposed to waive the surcharge through June 30, 2018, at which time 
the Exchange had stated that it would evaluate whether the waiver has 
in fact prompted Firms to close and roll over these positions close to 
expiration as intended. The Exchange believes the waiver encourages 
Firms to do so and as such, proposes to extend the waiver of the 
surcharge through December 31, 2018, at which time the Exchange will 
again reevaluate whether the waiver has continued to prompt Firms to 
close and roll over positions close to expiration at low premium 
levels. Accordingly, the Exchange proposes to delete the reference to 
the current waiver period of June 30, 2018 from the Fees Schedule and 
replace it with December 31, 2018.
Extended Trading Hour Fees
    In order to promote and encourage trading during the Extended 
Trading Hours (``ETH'') session, the Exchange currently waives ETH 
Trading Permit and Bandwidth Packet fees for one (1) of each initial 
Trading Permits and one (1) of each initial Bandwidth Packet, per 
affiliated TPH. The Exchange notes that waiver is set to expire June 
30, 2018. The Exchange also waives fees through June 30, 2018 for a CMI 
and FIX login

[[Page 31811]]

ID if the CMI and/or FIX login ID is related to a waived ETH Trading 
Permit and/or waived Bandwidth packet. In order to continue to promote 
trading during ETH, the Exchange wishes to extend these waivers through 
December 31, 2018.
RLG, RLV, RUI, AWDE, FTEM, FXTM and UKXM Transaction Fees
    In order to promote and encourage trading of seven new FTSE Russell 
Index products (i.e., Russell 1000 Growth Index (``RLG''), Russell 1000 
Value Index (``RLV''), Russell 1000 Index (``RUI''), FTSE Developed 
Europe Index (``AWDE''), FTSE Emerging Markets Index (``FTEM''), China 
50 Index ``(FXTM'') and FTSE 100 Index (``UKXM'')), the Exchange waives 
all transaction fees (including the Floor Brokerage Fee, Index License 
Surcharge and CFLEX Surcharge Fee) for each of these products. This 
waiver however, is set to expire June 30, 2018. In order to continue to 
promote trading of these options classes, the Exchange proposes to 
extend the fee waiver through December 31, 2018.
FLEX Asian and Cliquet Flex Trader Incentive Program
    By way of background, a FLEX Trader is entitled to a pro-rata share 
of the monthly compensation pool based on the customer order fees 
collected from customer orders traded against that FLEX Trader's orders 
with origin codes other than ``C'' in FLEX Broad-Based Index Options 
with Asian or Cliquet style settlement (``Exotics'') each month (``Flex 
Trader Incentive Program''). The Fees Schedule provides that the Flex 
Trader Incentive Program is set to expire either by June 30, 2018 or 
until total average daily volume in Exotics exceeds 15,000 contracts 
for three consecutive months, whichever comes first. The Exchange notes 
that total average daily volume in Exotics has not yet exceeded 15,000 
contracts for three consecutive months. The Exchange also has 
determined that it no longer wishes to maintain this program and as 
such does not intend to extend the program past June 30, 2018. As such, 
the Exchange proposes to remove the program (currently set forth in 
Footnote 42) from the Fees Schedule.
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.\5\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \6\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. Additionally, 
the Exchange believes the proposed rule change is consistent with 
Section 6(b)(4) of the Act,\7\ which requires that Exchange rules 
provide for the equitable allocation of reasonable dues, fees, and 
other charges among its Trading Permit Holders and other persons using 
its facilities.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes it's appropriate to continue to waive the VIX 
and Select Sector Index License Surcharge for Clearing Trading Permit 
Holder Proprietary VIX and Select Sector orders that have a premium of 
$0.10 or lower and have series with an expiration of 7 calendar days or 
less because the Exchange wants to continue encouraging Firms to roll 
and close over positions close to expiration at low premium levels. 
Particularly, the Exchange believes it's reasonable to waive the entire 
$0.10 per contract surcharge because without the waiver of the 
surcharge, firms are less likely to engage in these transactions, as 
opposed to other VIX and Select Sector transactions, due to the 
associated transaction costs. The Exchange believes it's equitable and 
not unfairly discriminatory to limit the waiver to Clearing Trading 
Permit Holder Proprietary orders because they contribute capital to 
facilitate the execution of VIX and Select Sector customer orders with 
a premium of $0.10 or lower and series with an expiration of 7 calendar 
days or less. Finally, the Exchange believes it's reasonable, equitable 
and not unfairly discriminatory to provide that the surcharge will be 
waived through December 2018, as it gives the Exchange additional time 
to evaluate if the waiver is continuing to have the desired effect of 
encouraging these transactions.
    The Exchange believes extending the waiver of ETH Trading Permit 
and Bandwidth Packet fees for one of each type of Trading Permit and 
Bandwidth Packet, per affiliated TPH through December 31, 2018 is 
reasonable, equitable and not unfairly discriminatory, because those 
respective fees are being waived in their entirety, which promotes and 
encourages trading during the ETH session and applies to all ETH TPHs. 
The Exchange believes it's also reasonable, equitable and not unfairly 
discriminatory to waive fees for Login IDs related to waived Trading 
Permits and/or Bandwidth Packets in order to promote and encourage 
ongoing participation in ETH and also applies to all ETH TPHs.
    The Exchange believes it is reasonable, equitable and not unfairly 
discriminatory to extend the waiver of all transaction fees for RLG, 
RLV, RUI, AWDE, FTEM, FXTM and UKXM transactions, including the Floor 
Brokerage fee, the License Index Surcharge and CFLEX Surcharge Fee, 
because the respective fees are being waived in their entirety, which 
promotes and encourages trading of these products which are still 
relatively new and applies to all TPHs.
    The Exchange believes eliminating the FLEX Asian and Cliquet Flex 
Trading Incentive Program is reasonable, equitable and not unfairly 
discriminatory because the program is not providing the desired result 
of incentivizing FLEX Traders to trade FLEX Asian and Cliquet options. 
The Exchange believes the proposed change is not unfairly 
discriminatory because it will apply equally to all Flex Traders.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on intramarket or intermarket competition that is not 
necessary or appropriate in furtherance of the purposes of the Act. The 
proposed changes are intended to either extend existing fee waivers or 
eliminate from the Fees Schedule a program that is expiring on June 30, 
2018 and apply to all TPHs uniformly. The proposed changes only affect 
trading on Cboe Options. The Exchange believes the proposed change 
therefore does not raise any competitive issues.

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.

[[Page 31812]]

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \8\ and 
subparagraph (f)(6) Rule 19b-4 thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 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) \10\ normally 
does not become operative for 30 days after the date of filing. However 
Rule 19b-4(f)(6)(iii) \11\ permits the Commission to designate a 
shorter time if such action is consistent with the protection of 
investors and the public interest. The Exchange has requested that the 
Commission waive the 30-day operative delay to permit the applicable 
fee waivers to be extended on a timely basis and without interruption 
and to update its rule text to reflect the sunsetting of the FLEX 
Trader Incentive Program as scheduled. The Commission believes that 
waiver of the 30-day operative delay is consistent with the protection 
of investors and the public interest because the proposal to extend to 
December 31, 2018 temporary incentives designed to encourage trading in 
the above-discussed products and trading sessions, and to remove 
obsolete text concerning the FLEX Trader Incentive Program, does not 
raise any new or novel issues. Therefore, the Commission hereby waives 
the 30-day operative delay and designates the proposed rule change 
operative upon filing.\12\
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    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay, 
the Commission also has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CBOE-2018-051 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-2018-051. 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-2018-051 and should be submitted on 
or before July 30, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-14666 Filed 7-6-18; 8:45 am]
BILLING CODE 8011-01-P



                                                31810                            Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices

                                                80% of the Fund’s total assets and are                   SECURITIES AND EXCHANGE                                   the most significant aspects of such
                                                publicly traded on a United States stock                 COMMISSION                                                statements.
                                                exchange like shares of the Fund’s                                                                                 A. Self-Regulatory Organization’s
                                                                                                         [Release No. 34–83587; File No. SR–CBOE–
                                                common stock. The number of Alibaba                      2018–051]                                                 Statement of the Purpose of, and
                                                shares to be exchanged per tendered                                                                                Statutory Basis for, the Proposed Rule
                                                Fund share will be based on a fixed                      Self-Regulatory Organizations; Cboe                       Change
                                                exchange ratio. The amount of cash to                    Exchange, Inc.; Notice of Filing and
                                                be paid per tendered Fund share will be                  Immediate Effectiveness of a Proposed                     1. Purpose
                                                equal to a fixed multiple applied to the                 Rule Change To Amend Its Fees                               The Exchange proposes to amend its
                                                volume weighted average price for                        Schedule With Respect to Expiring Fee                     Fees Schedule relating to various fee
                                                Alibaba ADSs on the second to last full                  Waivers and Remove the FLEX Trader                        waivers and the Flex Trader Incentive
                                                trading day of the In-Kind Repurchase                    Incentive Program                                         Program that are set to expire June 30,
                                                Offer. Stockholders will not be given a                  July 3, 2018.
                                                                                                                                                                   2018.
                                                choice as to the amount or form of                          Pursuant to Section 19(b)(1) of the                    VIX and Select Sector License Index
                                                consideration. Each tendering                            Securities Exchange Act of 1934 (the                      Surcharge
                                                stockholder will receive, for each Fund                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                share tendered, the same number of                                                                                    The Exchange first proposes to extend
                                                                                                         notice is hereby given that on July 2,                    the current waiver of the VIX and Select
                                                Alibaba ADSs and the same amount of                      2018, Cboe Exchange, Inc. (the
                                                cash.                                                                                                              Sector Index License Surcharge of $0.10
                                                                                                         ‘‘Exchange’’ or ‘‘Cboe Options’’) filed                   per contract for Clearing Trading Permit
                                                   2. The Alibaba ADSs offered and                       with the Securities and Exchange                          Holder Proprietary (‘‘Firm’’) (origin
                                                exchanged to stockholders pursuant to                    Commission (the ‘‘Commission’’) the                       codes ‘‘F’’ or ‘‘L’’) VIX and Select Sector
                                                the In-Kind Repurchase Offer are                         proposed rule change as described in                      orders that have a premium of $0.10 or
                                                securities that are listed on a public                   Items I and II below, which Items have                    lower and have series with an
                                                securities market for which quoted bid                   been prepared by the Exchange. The                        expiration of seven (7) calendar days or
                                                and asked prices are available.                          Exchange filed the proposal as a ‘‘non-                   less. The Exchange adopted the current
                                                                                                         controversial’’ proposed rule change                      waiver to reduce transaction costs on
                                                   3. The Alibaba ADSs offered and                       pursuant to Section 19(b)(3)(A)(iii) of
                                                exchanged to stockholders pursuant to                                                                              expiring, low-priced VIX and Select
                                                                                                         the Act 3 and Rule 19b–4(f)(6)                            Sector options, which the Exchange
                                                the In-Kind Repurchase Offer will be                     thereunder.4 The Commission is
                                                valued in the same manner as they                                                                                  believed would encourage Firms to seek
                                                                                                         publishing this notice to solicit                         to close and/or roll over such positions
                                                would be valued for purposes of                          comments on the proposed rule change                      close to expiration at low premium
                                                computing Applicant’s net asset value,                   from interested persons.                                  levels, including facilitating customers
                                                consistent with the requirements of
                                                                                                         I. Self-Regulatory Organization’s                         to do so, in order to free up capital and
                                                section 2(a)(41) of the Act.                                                                                       encourage additional trading. The
                                                                                                         Statement of the Terms of Substance of
                                                   4. Applicant will maintain and                        the Proposed Rule Change                                  Exchange had proposed to waive the
                                                preserve for a period of not less than six                                                                         surcharge through June 30, 2018, at
                                                                                                            The Exchange proposes to amend its
                                                years from the end of the fiscal year in                                                                           which time the Exchange had stated that
                                                                                                         Fees Schedule relating to various fee
                                                which the In-Kind Repurchase Offer                       waivers and the Flex Trader Incentive                     it would evaluate whether the waiver
                                                occurs, the first two years in an easily                 Program that are set to expire June 30,                   has in fact prompted Firms to close and
                                                accessible place, a written record of the                2018.                                                     roll over these positions close to
                                                In-Kind Repurchase Offer, that includes                     The text of the proposed rule change                   expiration as intended. The Exchange
                                                the identity of each stockholder of                      is available on the Exchange’s website                    believes the waiver encourages Firms to
                                                record that participated in the In-Kind                  (http://www.cboe.com/AboutCBOE/                           do so and as such, proposes to extend
                                                Repurchase Offer, whether that                           CBOELegalRegulatoryHome.aspx), at                         the waiver of the surcharge through
                                                stockholder was an Affiliated                            the Exchange’s Office of the Secretary,                   December 31, 2018, at which time the
                                                Stockholder, a description of each                       and at the Commission’s Public                            Exchange will again reevaluate whether
                                                security distributed, the terms of the                   Reference Room.                                           the waiver has continued to prompt
                                                distribution, and the information or                                                                               Firms to close and roll over positions
                                                                                                         II. Self-Regulatory Organization’s                        close to expiration at low premium
                                                materials upon which the valuation was
                                                                                                         Statement of the Purpose of, and                          levels. Accordingly, the Exchange
                                                made.                                                    Statutory Basis for, the Proposed Rule                    proposes to delete the reference to the
                                                  For the Commission, by the Division of                 Change                                                    current waiver period of June 30, 2018
                                                Investment Management, under delegated                                                                             from the Fees Schedule and replace it
                                                                                                           In its filing with the Commission, the
                                                authority.                                                                                                         with December 31, 2018.
                                                                                                         Exchange included statements
                                                Eduardo A. Aleman,                                       concerning the purpose of and basis for                   Extended Trading Hour Fees
                                                Assistant Secretary.                                     the proposed rule change and discussed
                                                [FR Doc. 2018–14658 Filed 7–6–18; 8:45 am]               any comments it received on the                              In order to promote and encourage
                                                                                                         proposed rule change. The text of these                   trading during the Extended Trading
                                                BILLING CODE P
                                                                                                         statements may be examined at the                         Hours (‘‘ETH’’) session, the Exchange
                                                                                                                                                                   currently waives ETH Trading Permit
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                         places specified in Item IV below. The
                                                                                                         Exchange has prepared summaries, set                      and Bandwidth Packet fees for one (1)
                                                                                                         forth in Sections A, B, and C below, of                   of each initial Trading Permits and one
                                                                                                                                                                   (1) of each initial Bandwidth Packet, per
                                                                                                              1 15 U.S.C. 78s(b)(1).                               affiliated TPH. The Exchange notes that
                                                                                                              2 17 CFR 240.19b–4.                                  waiver is set to expire June 30, 2018.
                                                                                                              3 15 U.S.C. 78s(b)(3)(A)(iii).                       The Exchange also waives fees through
                                                                                                              4 17 CFR 240.19b–4(f)(6).                            June 30, 2018 for a CMI and FIX login


                                           VerDate Sep<11>2014   18:00 Jul 06, 2018   Jkt 244001   PO 00000     Frm 00096    Fmt 4703    Sfmt 4703   E:\FR\FM\09JYN1.SGM   09JYN1


                                                                                 Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices                                              31811

                                                ID if the CMI and/or FIX login ID is                     Section 6(b) of the Act.5 Specifically,                  type of Trading Permit and Bandwidth
                                                related to a waived ETH Trading Permit                   the Exchange believes the proposed rule                  Packet, per affiliated TPH through
                                                and/or waived Bandwidth packet. In                       change is consistent with the Section                    December 31, 2018 is reasonable,
                                                order to continue to promote trading                     6(b)(5) 6 requirements that the rules of                 equitable and not unfairly
                                                during ETH, the Exchange wishes to                       an exchange be designed to prevent                       discriminatory, because those respective
                                                extend these waivers through December                    fraudulent and manipulative acts and                     fees are being waived in their entirety,
                                                31, 2018.                                                practices, to promote just and equitable                 which promotes and encourages trading
                                                                                                         principles of trade, to foster cooperation               during the ETH session and applies to
                                                RLG, RLV, RUI, AWDE, FTEM, FXTM                          and coordination with persons engaged                    all ETH TPHs. The Exchange believes
                                                and UKXM Transaction Fees                                in regulating, clearing, settling,                       it’s also reasonable, equitable and not
                                                                                                         processing information with respect to,                  unfairly discriminatory to waive fees for
                                                   In order to promote and encourage
                                                                                                         and facilitating transactions in                         Login IDs related to waived Trading
                                                trading of seven new FTSE Russell
                                                                                                         securities, to remove impediments to                     Permits and/or Bandwidth Packets in
                                                Index products (i.e., Russell 1000
                                                                                                         and perfect the mechanism of a free and                  order to promote and encourage ongoing
                                                Growth Index (‘‘RLG’’), Russell 1000
                                                                                                         open market and a national market                        participation in ETH and also applies to
                                                Value Index (‘‘RLV’’), Russell 1000
                                                                                                         system, and, in general, to protect                      all ETH TPHs.
                                                Index (‘‘RUI’’), FTSE Developed Europe                   investors and the public interest.
                                                Index (‘‘AWDE’’), FTSE Emerging                          Additionally, the Exchange believes the                     The Exchange believes it is
                                                Markets Index (‘‘FTEM’’), China 50                       proposed rule change is consistent with                  reasonable, equitable and not unfairly
                                                Index ‘‘(FXTM’’) and FTSE 100 Index                      Section 6(b)(4) of the Act,7 which                       discriminatory to extend the waiver of
                                                (‘‘UKXM’’)), the Exchange waives all                     requires that Exchange rules provide for                 all transaction fees for RLG, RLV, RUI,
                                                transaction fees (including the Floor                    the equitable allocation of reasonable                   AWDE, FTEM, FXTM and UKXM
                                                Brokerage Fee, Index License Surcharge                   dues, fees, and other charges among its                  transactions, including the Floor
                                                and CFLEX Surcharge Fee) for each of                     Trading Permit Holders and other                         Brokerage fee, the License Index
                                                these products. This waiver however, is                  persons using its facilities.                            Surcharge and CFLEX Surcharge Fee,
                                                set to expire June 30, 2018. In order to                    The Exchange believes it’s                            because the respective fees are being
                                                continue to promote trading of these                     appropriate to continue to waive the                     waived in their entirety, which
                                                options classes, the Exchange proposes                   VIX and Select Sector Index License                      promotes and encourages trading of
                                                to extend the fee waiver through                         Surcharge for Clearing Trading Permit                    these products which are still relatively
                                                December 31, 2018.                                       Holder Proprietary VIX and Select                        new and applies to all TPHs.
                                                FLEX Asian and Cliquet Flex Trader                       Sector orders that have a premium of
                                                                                                                                                                     The Exchange believes eliminating
                                                Incentive Program                                        $0.10 or lower and have series with an
                                                                                                         expiration of 7 calendar days or less                    the FLEX Asian and Cliquet Flex
                                                                                                         because the Exchange wants to continue                   Trading Incentive Program is
                                                   By way of background, a FLEX Trader
                                                                                                         encouraging Firms to roll and close over                 reasonable, equitable and not unfairly
                                                is entitled to a pro-rata share of the
                                                monthly compensation pool based on                       positions close to expiration at low                     discriminatory because the program is
                                                the customer order fees collected from                   premium levels. Particularly, the                        not providing the desired result of
                                                customer orders traded against that                      Exchange believes it’s reasonable to                     incentivizing FLEX Traders to trade
                                                FLEX Trader’s orders with origin codes                   waive the entire $0.10 per contract                      FLEX Asian and Cliquet options. The
                                                other than ‘‘C’’ in FLEX Broad-Based                     surcharge because without the waiver of                  Exchange believes the proposed change
                                                Index Options with Asian or Cliquet                      the surcharge, firms are less likely to                  is not unfairly discriminatory because it
                                                style settlement (‘‘Exotics’’) each month                engage in these transactions, as opposed                 will apply equally to all Flex Traders.
                                                (‘‘Flex Trader Incentive Program’’). The                 to other VIX and Select Sector                           B. Self-Regulatory Organization’s
                                                Fees Schedule provides that the Flex                     transactions, due to the associated                      Statement on Burden on Competition
                                                Trader Incentive Program is set to expire                transaction costs. The Exchange believes
                                                either by June 30, 2018 or until total                   it’s equitable and not unfairly                             The Exchange does not believe that
                                                average daily volume in Exotics exceeds                  discriminatory to limit the waiver to                    the proposed rule change will impose
                                                15,000 contracts for three consecutive                   Clearing Trading Permit Holder                           any burden on intramarket or
                                                months, whichever comes first. The                       Proprietary orders because they                          intermarket competition that is not
                                                Exchange notes that total average daily                  contribute capital to facilitate the                     necessary or appropriate in furtherance
                                                volume in Exotics has not yet exceeded                   execution of VIX and Select Sector                       of the purposes of the Act. The
                                                15,000 contracts for three consecutive                   customer orders with a premium of                        proposed changes are intended to either
                                                months. The Exchange also has                            $0.10 or lower and series with an                        extend existing fee waivers or eliminate
                                                determined that it no longer wishes to                   expiration of 7 calendar days or less.                   from the Fees Schedule a program that
                                                maintain this program and as such does                   Finally, the Exchange believes it’s                      is expiring on June 30, 2018 and apply
                                                not intend to extend the program past                    reasonable, equitable and not unfairly                   to all TPHs uniformly. The proposed
                                                June 30, 2018. As such, the Exchange                     discriminatory to provide that the                       changes only affect trading on Cboe
                                                proposes to remove the program                           surcharge will be waived through                         Options. The Exchange believes the
                                                (currently set forth in Footnote 42) from                December 2018, as it gives the Exchange                  proposed change therefore does not
                                                the Fees Schedule.                                       additional time to evaluate if the waiver                raise any competitive issues.
                                                                                                         is continuing to have the desired effect
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                                                2. Statutory Basis                                       of encouraging these transactions.                       C. Self-Regulatory Organization’s
                                                                                                            The Exchange believes extending the                   Statement on Comments on the
                                                   The Exchange believes the proposed                                                                             Proposed Rule Change Received From
                                                                                                         waiver of ETH Trading Permit and
                                                rule change is consistent with the                                                                                Members, Participants, or Others
                                                                                                         Bandwidth Packet fees for one of each
                                                Securities Exchange Act of 1934 (the
                                                ‘‘Act’’) and the rules and regulations                        5 15 U.S.C. 78f(b).                                   The Exchange neither solicited nor
                                                thereunder applicable to the Exchange                         6 15 U.S.C. 78f(b)(5).                              received comments on the proposed
                                                and, in particular, the requirements of                       7 15 U.S.C. 78f(b)(4).                              rule change.


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                                                31812                             Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices

                                                III. Date of Effectiveness of the                         investors, or otherwise in furtherance of             should be submitted on or before July
                                                Proposed Rule Change and Timing for                       the purposes of the Act. If the                       30, 2018.
                                                Commission Action                                         Commission takes such action, the                       For the Commission, by the Division of
                                                   Because the foregoing proposed rule                    Commission shall institute proceedings                Trading and Markets, pursuant to delegated
                                                change does not: (i) Significantly affect                 to determine whether the proposed rule                authority.13
                                                the protection of investors or the public                 change should be approved or                          Eduardo A. Aleman,
                                                interest; (ii) impose any significant                     disapproved.                                          Assistant Secretary.
                                                burden on competition; and (iii) become                   IV. Solicitation of Comments                          [FR Doc. 2018–14666 Filed 7–6–18; 8:45 am]
                                                operative for 30 days from the date on
                                                                                                            Interested persons are invited to                   BILLING CODE 8011–01–P
                                                which it was filed, or such shorter time
                                                                                                          submit written data, views, and
                                                as the Commission may designate, it has
                                                                                                          arguments concerning the foregoing,
                                                become effective pursuant to Section                                                                            SECURITIES AND EXCHANGE
                                                                                                          including whether the proposed rule
                                                19(b)(3)(A)(iii) of the Act 8 and                                                                               COMMISSION
                                                                                                          change is consistent with the Act.
                                                subparagraph (f)(6) Rule 19b–4
                                                                                                          Comments may be submitted by any of                   [Release No. 34–83577; File No. SR–MIAX–
                                                thereunder.9
                                                                                                          the following methods:                                2018–13]
                                                   A proposed rule change filed under
                                                Rule 19b–4(f)(6) 10 normally does not                     Electronic Comments
                                                                                                                                                                Self-Regulatory Organizations; Miami
                                                become operative for 30 days after the                      • Use the Commission’s internet                     International Securities Exchange,
                                                date of filing. However Rule 19b–                         comment form (http://www.sec.gov/                     LLC; Notice of Filing and Immediate
                                                4(f)(6)(iii) 11 permits the Commission to                 rules/sro.shtml); or                                  Effectiveness of a Proposed Rule
                                                designate a shorter time if such action                     • Send an email to rule-comments@                   Change To Amend Exchange Rule 602,
                                                is consistent with the protection of                      sec.gov. Please include File Number SR–               Appointment of Market Makers
                                                investors and the public interest. The                    CBOE–2018–051 on the subject line.
                                                Exchange has requested that the                                                                                 July 2, 2018.
                                                Commission waive the 30-day operative                     Paper Comments
                                                                                                                                                                   Pursuant to Section 19(b)(1) of the
                                                delay to permit the applicable fee                           • Send paper comments in triplicate                Securities Exchange Act of 1934
                                                waivers to be extended on a timely basis                  to Secretary, Securities and Exchange                 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                and without interruption and to update                    Commission, 100 F Street NE,                          notice is hereby given that on June 26,
                                                its rule text to reflect the sunsetting of                Washington, DC 20549–1090.                            2018, Miami International Securities
                                                the FLEX Trader Incentive Program as                      All submissions should refer to File                  Exchange, LLC (‘‘MIAX Options’’ or the
                                                scheduled. The Commission believes                        Number SR–CBOE–2018–051. This file                    ‘‘Exchange’’) filed with the Securities
                                                that waiver of the 30-day operative                       number should be included on the                      and Exchange Commission
                                                delay is consistent with the protection                   subject line if email is used. To help the            (‘‘Commission’’) a proposed rule change
                                                of investors and the public interest                      Commission process and review your                    as described in Items I, II, and III below,
                                                because the proposal to extend to                         comments more efficiently, please use                 which Items have been prepared by the
                                                December 31, 2018 temporary                               only one method. The Commission will                  Exchange. The Commission is
                                                incentives designed to encourage                          post all comments on the Commission’s                 publishing this notice to solicit
                                                trading in the above-discussed products                   internet website (http://www.sec.gov/                 comments on the proposed rule change
                                                and trading sessions, and to remove                       rules/sro.shtml). Copies of the                       from interested persons.
                                                obsolete text concerning the FLEX                         submission, all subsequent
                                                Trader Incentive Program, does not raise                  amendments, all written statements                    I. Self-Regulatory Organization’s
                                                any new or novel issues. Therefore, the                   with respect to the proposed rule                     Statement of the Terms of Substance of
                                                Commission hereby waives the 30-day                       change that are filed with the                        the Proposed Rule Change
                                                operative delay and designates the                        Commission, and all written                              The Exchange is filing a proposal to
                                                proposed rule change operative upon                       communications relating to the                        amend Rule 602, Appointment of
                                                filing.12                                                 proposed rule change between the                      Market Makers, to specify the new
                                                   At any time within 60 days of the                      Commission and any person, other than                 method by which Lead Market Makers 3
                                                filing of the proposed rule change, the                   those that may be withheld from the                   (‘‘LMMs’’) and Registered Market
                                                Commission summarily may                                  public in accordance with the                         Makers 4 (‘‘RMMs’’) request
                                                temporarily suspend such rule change if                   provisions of 5 U.S.C. 552, will be                   appointments to one or more classes of
                                                it appears to the Commission that such                    available for website viewing and                     option contracts traded on the
                                                action is necessary or appropriate in the                 printing in the Commission’s Public                   Exchange.
                                                public interest, for the protection of                    Reference Room, 100 F Street NE,
                                                                                                          Washington, DC 20549 on official                        13 17  CFR 200.30–3(a)(12).
                                                  8 15  U.S.C. 78s(b)(3)(A).                              business days between the hours of                      1 15  U.S.C. 78s(b)(1).
                                                   9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–                                                                2 17 CFR 240.19b–4.
                                                                                                          10:00 a.m. and 3:00 p.m. Copies of the
                                                4(f)(6)(iii) requires the Exchange to give the                                                                     3 The term ‘‘Lead Market Maker’’ means a
                                                Commission written notice of the Exchange’s intent        filing also will be available for
                                                                                                                                                                Member registered with the Exchange for the
                                                to file the proposed rule change, along with a brief      inspection and copying at the principal               purpose of making markets in securities traded on
                                                description and text of the proposed rule change,         office of the Exchange. All comments                  the Exchange and that is vested with the rights and
                                                at least five business days prior to the date of filing   received will be posted without change.               responsibilities specified in Chapter VI of the
                                                of the proposed rule change, or such shorter time                                                               Exchange’s Rules with respect to Lead Market
                                                                                                          Persons submitting comments are
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                                                as designated by the Commission. The Exchange                                                                   Makers. See Exchange Rule 100.
                                                has satisfied this requirement.                           cautioned that we do not redact or edit                  4 The term ‘‘Registered Market Maker’’ means a
                                                   10 17 CFR 240.19b–4(f)(6).                             personal identifying information from                 Member registered with the Exchange for the
                                                   11 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                          comment submissions. You should                       purpose of making markets in securities traded on
                                                   12 For purposes only of waiving the 30-day                                                                   the Exchange, who is not a Lead Market Maker and
                                                                                                          submit only information that you wish
                                                operative delay, the Commission also has                                                                        is vested with the rights and responsibilities
                                                considered the proposed rule’s impact on
                                                                                                          to make available publicly. All                       specified in Chapter VI of the Exchange’s Rules
                                                efficiency, competition, and capital formation. See       submissions should refer to File                      with respect to Registered Market Makers. See
                                                15 U.S.C. 78c(f).                                         Number SR–CBOE–2018–051 and                           Exchange Rule 100.



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Document Created: 2018-07-07 00:42:44
Document Modified: 2018-07-07 00:42:44
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 31810 

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