83_FR_31956 83 FR 31825 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fees Schedule To Adopt a Financial Incentive Program for Lead Market-Makers Appointed in MSCI EAFE Index Options and MSCI Emerging Markets Index Options

83 FR 31825 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fees Schedule To Adopt a Financial Incentive Program for Lead Market-Makers Appointed in MSCI EAFE Index Options and MSCI Emerging Markets Index Options

SECURITIES AND EXCHANGE COMMISSION

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

Page Range31825-31827
FR Document2018-14550

Federal Register, Volume 83 Issue 131 (Monday, July 9, 2018)
[Federal Register Volume 83, Number 131 (Monday, July 9, 2018)]
[Notices]
[Pages 31825-31827]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14550]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83585; File No. SR-CBOE-2018-050]


Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Its Fees Schedule To Adopt a Financial Incentive Program for Lead 
Market-Makers Appointed in MSCI EAFE Index Options and MSCI Emerging 
Markets Index Options

July 2, 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, 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend its Fees Schedule to adopt a 
financial incentive program for Lead Market-Makers appointed in MSCI 
EAFE Index (MXEA) options and MSCI Emerging Markets Index (MXEF) 
options (collectively, MSCI options), effective July 2, 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 to adopt a 
financial incentive program for Lead Market-Makers appointed in MSCI 
EAFE Index (MXEA) options and MSCI Emerging Markets Index (MXEF) 
options (collectively, MSCI options), effective July 2, 2018. More 
specifically, the Exchange proposes to provide a financial incentive to 
any Market-Maker that is appointed as a Lead Market-Maker (``LMM'') in 
MXEA and/or MXEF (``MSCI LMM'') and meet a heightened quoting standard, 
to be set forth in the Fees Schedule.\3\ MSCI LMM(s) that meet the 
heightened quoting standard (which shall be explained herein), will 
receive $20,000 per month/per product.
---------------------------------------------------------------------------

    \3\ MSCI LMMs would serve as MSCI LMMs during the RTH session 
only.
---------------------------------------------------------------------------

    By way of background, pursuant to Rule 8.15(a), the Exchange may 
approve one or more Market-Makers to act as LMMs in a class for which a 
Designated Primary Market-Maker (``DPM'') has not been appointed, for a 
term of no less than the time until the end of the then-current 
expiration cycle. In addition to a LMM's requirement to fulfill all 
obligations of a Market-Maker under the Exchange Rules, a LMM must also 
satisfy heightened quoting obligations set forth in Rule 8.15(b).
    The Exchange proposes to provide in the Fees Schedule that through 
December 31, 2018, if a MSIC LMM meets the heightened standard 
described below, the LMM in each class will receive $20,000 per month, 
per their respective appointed class. Specifically, the LMM will 
receive $20,000 per month/per class if it provides continuous 
electronic quotes that meet or exceed the following heightened quoting 
standards in at least 90% of the MXEA and/or MXEF series it must quote 
pursuant to Rule 8.15(b) 90% of the time in a given month:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Expiring 7 days or less   Near term 8 days to 60    Mid term 61 days to 270    Long term 271 days or
                                                 --------------------------           days                      days                     greater
                  Premium level                                            -----------------------------------------------------------------------------
                                                     Width         Size        Width         Size        Width         Size        Width         Size
--------------------------------------------------------------------------------------------------------------------------------------------------------
$0-$5.00........................................        $3.00            5        $1.50           20        $2.50           15        $5.00           10
$5.01-$15.00....................................         6.00            3         3.00           15         5.00           10        10.00            7
$15.01-$50.00...................................        15.00            2         7.50           10        10.00            7        20.00            5
$50.01-$100.00..................................        25.00            1        15.00            7        20.00            5        30.00            3
$100.01-$200.00.................................        40.00            1        25.00            3        35.00            3        48.00            2
Greater Than $200.01............................        60.00            1        40.00            1        50.00            1        72.00            1
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The Exchange may consider other exceptions to this quoting standard 
based on demonstrated legal or regulatory requirements or other 
mitigating circumstances. For purposes of the financial benefit, MSCI 
LMM(s) will not be obligated to satisfy the heightened quoting standard 
shown above. Rather, the MSCI LMM(s) will only receive the financial 
benefit if they satisfy the abovementioned heightened quoting standard. 
If a MSCI LMM does not meet the heightened quoting standard, then it 
simply will not receive the financial benefit for that month. The

[[Page 31826]]

Exchange notes however, that with respect to quoting obligations, MSCI 
LMM(s) must still comply with the continuous quoting obligation and 
other obligations of Market-Makers and LMMs described in Cboe Options 
Rules.\4\ The Exchange believes the proposed financial incentive for 
the additional quoting standard set forth in the Fees Schedule and 
described above, will further encourage MSCI LMMs to provide 
significant liquidity in MSCI options. Additionally, the Exchange notes 
that it expects that TPHs may need to undertake expenses to be able to 
quote at a significantly heightened standard in these classes, such as 
purchase additional bandwidth. The Exchange notes that the proposed 
financial incentive program for MSCI LMM(s) is similar to the rebate 
program adopted for ETH LMMs and SPX Select Market-Makers, as both 
programs offer financial benefits for meeting heightened quoting 
standards.\5\
---------------------------------------------------------------------------

    \4\ See e.g., Cboe Options Rule 8.7 and Rule 8.15.
    \5\ See Cboe Options Fees Schedule, Footnotes 38 and 49.
---------------------------------------------------------------------------

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.\6\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \7\ 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,\8\ 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.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes it is reasonable to offer MSCI LMM(s) that 
meet a certain heightened quoting standard (described above) $20,000 
per month, per product, given the potential added costs that MSCI 
LMM(s) may need to undertake in order to satisfy that heightened 
quoting standard (e.g., having to purchase additional bandwidth). The 
Exchange also wishes to ensure the LMM(s) is incentivized to provide 
liquid and active markets in the MSCI products to encourage its growth. 
Additionally, if a MSCI LMM does not satisfy the heightened quoting 
standard, then it simply will not receive the $20,000 per class for 
that month.
    The Exchange believes it is equitable and not unfairly 
discriminatory to only offer the financial incentive to MSCI LMM(s) 
because it benefits all market participants trading in MSCI options to 
encourage MSCI LMMs to satisfy the heightened quoting standards, which 
may increase liquidity and provide more trading opportunities and 
tighter spreads. Indeed, the Exchange notes that the LMM provides a 
crucial role in providing quotes and the opportunity for market 
participants to trade MSCI products, which can lead to increased 
volume, thereby providing a robust market.
    The Exchange notes that without the proposed financial incentive, 
there would not be sufficient incentive for Trading Permit Holders to 
undertake an obligation to quote an heightened levels, which could 
result in lower levels of liquidity. The MSCI LMM incentive program is 
also reasonable, as it designed to encourage increased quoting to add 
liquidity in MSCI products, thereby protecting investors and the public 
interest.
    The Exchange lastly notes that a similar financial incentive 
program was adopted for appointed LMMs in ETH and SPX Select Market-
Makers.\9\
---------------------------------------------------------------------------

    \9\ See Cboe Options Fees Schedule, Footnote 38, Cboe Options 
Rule 6.1A and Footnote 49.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule changes will 
impose any burden on competition that are 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, while the financial 
incentive is offered only to certain market participants (i.e., 
appointed MSCI LMM(s) that meet a heightened quoting standard), those 
market participants must meet heightened quoting standards to receive 
the financial incentive. Additionally, MSCI LMM(s) may incur additional 
costs to meet the heightened quoting standard. The Exchange believes 
the proposed financial incentive encourages those market participants 
to bring liquidity to the Exchange in MSCI options (which benefits all 
market participants).
    The Exchange does not believe that the proposed rule changes will 
impose any burden on intermarket competition that is not necessary or 
appropriate in furtherance of the purposes of the Act because MSCI 
options are proprietary products that will only be traded on Cboe 
Options. To the extent that the proposed changes make Cboe Options a 
more attractive marketplace for market participants at other exchanges, 
such market participants are welcome to become Cboe Options market 
participants.

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 \10\ and paragraph (f) of Rule 19b-4 \11\ 
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 shall institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 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

[[Page 31827]]

     Send an email to rule-comments@sec.gov. Please include 
File Number SR-CBOE-2018-050 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-2018-050. 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-2018-050 and should be submitted on 
or before July 30, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-14550 Filed 7-6-18; 8:45 am]
 BILLING CODE P



                                                                                               Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices                                                                   31825

                                                technology. Consideration will be given                                      have been prepared by the Exchange.                            incentive program for Lead Market-
                                                to comments and suggestions submitted                                        The Commission is publishing this                              Makers appointed in MSCI EAFE Index
                                                in writing within 60 days of this                                            notice to solicit comments on the                              (MXEA) options and MSCI Emerging
                                                publication.                                                                 proposed rule change from interested                           Markets Index (MXEF) options
                                                  An agency may not conduct or                                               persons.                                                       (collectively, MSCI options), effective
                                                sponsor, and a person is not required to                                                                                                    July 2, 2018. More specifically, the
                                                respond to, a collection of information                                      I. Self-Regulatory Organization’s
                                                                                                                             Statement of the Terms of Substance of                         Exchange proposes to provide a
                                                unless it displays a currently valid                                                                                                        financial incentive to any Market-Maker
                                                control number.                                                              the Proposed Rule Change
                                                                                                                                The Exchange proposes to amend its                          that is appointed as a Lead Market-
                                                  Please direct your written comment to
                                                Pamela Dyson, Director/Chief                                                 Fees Schedule to adopt a financial                             Maker (‘‘LMM’’) in MXEA and/or MXEF
                                                Information Officer, Securities and                                          incentive program for Lead Market-                             (‘‘MSCI LMM’’) and meet a heightened
                                                Exchange Commission, c/o Candace                                             Makers appointed in MSCI EAFE Index                            quoting standard, to be set forth in the
                                                Kenner, 100 F Street NE, Washington,                                         (MXEA) options and MSCI Emerging                               Fees Schedule.3 MSCI LMM(s) that meet
                                                DC 20549 or send an email to: PRA_                                           Markets Index (MXEF) options                                   the heightened quoting standard (which
                                                Mailbox@sec.gov.                                                             (collectively, MSCI options), effective                        shall be explained herein), will receive
                                                  Dated: July 3, 2018.                                                       July 2, 2018.                                                  $20,000 per month/per product.
                                                                                                                                The text of the proposed rule change                           By way of background, pursuant to
                                                Eduardo A. Aleman,
                                                                                                                             is available on the Exchange’s website                         Rule 8.15(a), the Exchange may approve
                                                Assistant Secretary.
                                                                                                                             (http://www.cboe.com/AboutCBOE/                                one or more Market-Makers to act as
                                                [FR Doc. 2018–14650 Filed 7–6–18; 8:45 am]                                   CBOELegalRegulatoryHome.aspx), at
                                                BILLING CODE 8011–01–P                                                                                                                      LMMs in a class for which a Designated
                                                                                                                             the Exchange’s Office of the Secretary,
                                                                                                                                                                                            Primary Market-Maker (‘‘DPM’’) has not
                                                                                                                             and at the Commission’s Public
                                                                                                                                                                                            been appointed, for a term of no less
                                                                                                                             Reference Room.
                                                SECURITIES AND EXCHANGE                                                                                                                     than the time until the end of the then-
                                                COMMISSION                                                                   II. Self-Regulatory Organization’s                             current expiration cycle. In addition to
                                                                                                                             Statement of the Purpose of, and                               a LMM’s requirement to fulfill all
                                                [Release No. 34–83585; File No. SR–CBOE–
                                                2018–050]                                                                    Statutory Basis for, the Proposed Rule                         obligations of a Market-Maker under the
                                                                                                                             Change                                                         Exchange Rules, a LMM must also
                                                Self-Regulatory Organizations; Cboe                                             In its filing with the Commission, the                      satisfy heightened quoting obligations
                                                Exchange, Inc.; Notice of Filing and                                         Exchange included statements                                   set forth in Rule 8.15(b).
                                                Immediate Effectiveness of a Proposed                                        concerning the purpose of and basis for                           The Exchange proposes to provide in
                                                Rule Change To Amend Its Fees                                                the proposed rule change and discussed
                                                Schedule To Adopt a Financial                                                                                                               the Fees Schedule that through
                                                                                                                             any comments it received on the                                December 31, 2018, if a MSIC LMM
                                                Incentive Program for Lead Market-                                           proposed rule change. The text of these
                                                Makers Appointed in MSCI EAFE Index                                                                                                         meets the heightened standard
                                                                                                                             statements may be examined at the
                                                Options and MSCI Emerging Markets                                                                                                           described below, the LMM in each class
                                                                                                                             places specified in Item IV below. The
                                                Index Options                                                                                                                               will receive $20,000 per month, per
                                                                                                                             Exchange has prepared summaries, set
                                                                                                                             forth in Sections A, B, and C below, of                        their respective appointed class.
                                                July 2, 2018.                                                                                                                               Specifically, the LMM will receive
                                                   Pursuant to Section 19(b)(1) of the                                       the most significant aspects of such
                                                                                                                             statements.                                                    $20,000 per month/per class if it
                                                Securities Exchange Act of 1934 (the                                                                                                        provides continuous electronic quotes
                                                ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                       A. Self-Regulatory Organization’s                              that meet or exceed the following
                                                notice is hereby given that on July 2,                                       Statement of the Purpose of, and                               heightened quoting standards in at least
                                                2018, Cboe Exchange, Inc. (the                                               Statutory Basis for, the Proposed Rule                         90% of the MXEA and/or MXEF series
                                                ‘‘Exchange’’ or ‘‘Cboe Options’’) filed                                      Change
                                                with the Securities and Exchange                                                                                                            it must quote pursuant to Rule 8.15(b)
                                                Commission (the ‘‘Commission’’) the                                          1. Purpose                                                     90% of the time in a given month:
                                                proposed rule change as described in                                            The Exchange proposes to amend its
                                                Items I, II, and III below, which Items                                      Fees Schedule to adopt a financial
                                                                                                                         Expiring 7 days or less           Near term 8 days to 60         Mid term 61 days to 270       Long term 271 days or
                                                                                                                                                                    days                           days                        greater
                                                                       Premium level
                                                                                                                          Width              Size              Width          Size         Width            Size         Width         Size

                                                $0–$5.00 ...........................................................         $3.00                    5           $1.50              20        $2.50               15       $5.00               10
                                                $5.01–$15.00 ....................................................             6.00                    3            3.00              15         5.00               10       10.00                7
                                                $15.01–$50.00 ..................................................             15.00                    2            7.50              10        10.00                7       20.00                5
                                                $50.01–$100.00 ................................................              25.00                    1           15.00               7        20.00                5       30.00                3
                                                $100.01–$200.00 ..............................................               40.00                    1           25.00               3        35.00                3       48.00                2
                                                Greater Than $200.01 .......................................                 60.00                    1           40.00               1        50.00                1       72.00                1



                                                  The Exchange may consider other                                            of the financial benefit, MSCI LMM(s)                          satisfy the abovementioned heightened
sradovich on DSK3GMQ082PROD with NOTICES




                                                exceptions to this quoting standard                                          will not be obligated to satisfy the                           quoting standard. If a MSCI LMM does
                                                based on demonstrated legal or                                               heightened quoting standard shown                              not meet the heightened quoting
                                                regulatory requirements or other                                             above. Rather, the MSCI LMM(s) will                            standard, then it simply will not receive
                                                mitigating circumstances. For purposes                                       only receive the financial benefit if they                     the financial benefit for that month. The

                                                   1 15   U.S.C. 78s(b)(1).                                                       2 17   CFR 240.19b–4.                                       3 MSCI LMMs would serve as MSCI LMMs during

                                                                                                                                                                                            the RTH session only.



                                           VerDate Sep<11>2014           18:00 Jul 06, 2018          Jkt 244001        PO 00000     Frm 00111       Fmt 4703    Sfmt 4703   E:\FR\FM\09JYN1.SGM    09JYN1


                                                31826                              Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices

                                                Exchange notes however, that with                          per product, given the potential added                additional costs to meet the heightened
                                                respect to quoting obligations, MSCI                       costs that MSCI LMM(s) may need to                    quoting standard. The Exchange
                                                LMM(s) must still comply with the                          undertake in order to satisfy that                    believes the proposed financial
                                                continuous quoting obligation and other                    heightened quoting standard (e.g.,                    incentive encourages those market
                                                obligations of Market-Makers and LMMs                      having to purchase additional                         participants to bring liquidity to the
                                                described in Cboe Options Rules.4 The                      bandwidth). The Exchange also wishes                  Exchange in MSCI options (which
                                                Exchange believes the proposed                             to ensure the LMM(s) is incentivized to               benefits all market participants).
                                                financial incentive for the additional                     provide liquid and active markets in the                The Exchange does not believe that
                                                quoting standard set forth in the Fees                     MSCI products to encourage its growth.                the proposed rule changes will impose
                                                Schedule and described above, will                         Additionally, if a MSCI LMM does not                  any burden on intermarket competition
                                                further encourage MSCI LMMs to                             satisfy the heightened quoting standard,              that is not necessary or appropriate in
                                                provide significant liquidity in MSCI                      then it simply will not receive the                   furtherance of the purposes of the Act
                                                options. Additionally, the Exchange                        $20,000 per class for that month.                     because MSCI options are proprietary
                                                notes that it expects that TPHs may                           The Exchange believes it is equitable
                                                                                                                                                                 products that will only be traded on
                                                need to undertake expenses to be able                      and not unfairly discriminatory to only
                                                                                                                                                                 Cboe Options. To the extent that the
                                                to quote at a significantly heightened                     offer the financial incentive to MSCI
                                                                                                                                                                 proposed changes make Cboe Options a
                                                standard in these classes, such as                         LMM(s) because it benefits all market
                                                                                                                                                                 more attractive marketplace for market
                                                purchase additional bandwidth. The                         participants trading in MSCI options to
                                                                                                                                                                 participants at other exchanges, such
                                                Exchange notes that the proposed                           encourage MSCI LMMs to satisfy the
                                                                                                                                                                 market participants are welcome to
                                                financial incentive program for MSCI                       heightened quoting standards, which
                                                                                                                                                                 become Cboe Options market
                                                LMM(s) is similar to the rebate program                    may increase liquidity and provide
                                                                                                                                                                 participants.
                                                adopted for ETH LMMs and SPX Select                        more trading opportunities and tighter
                                                Market-Makers, as both programs offer                      spreads. Indeed, the Exchange notes that              C. Self-Regulatory Organization’s
                                                financial benefits for meeting                             the LMM provides a crucial role in                    Statement on Comments on the
                                                heightened quoting standards.5                             providing quotes and the opportunity                  Proposed Rule Change Received From
                                                                                                           for market participants to trade MSCI                 Members, Participants, or Others
                                                2. Statutory Basis                                         products, which can lead to increased
                                                   The Exchange believes the proposed                      volume, thereby providing a robust                      The Exchange neither solicited nor
                                                rule change is consistent with the                         market.                                               received comments on the proposed
                                                Securities Exchange Act of 1934 (the                          The Exchange notes that without the                rule change.
                                                ‘‘Act’’) and the rules and regulations                     proposed financial incentive, there                   III. Date of Effectiveness of the
                                                thereunder applicable to the Exchange                      would not be sufficient incentive for                 Proposed Rule Change and Timing for
                                                and, in particular, the requirements of                    Trading Permit Holders to undertake an                Commission Action
                                                Section 6(b) of the Act.6 Specifically,                    obligation to quote an heightened levels,
                                                the Exchange believes the proposed rule                    which could result in lower levels of                    The foregoing rule change has become
                                                change is consistent with the Section                      liquidity. The MSCI LMM incentive                     effective pursuant to Section 19(b)(3)(A)
                                                6(b)(5) 7 requirements that the rules of                   program is also reasonable, as it                     of the Act 10 and paragraph (f) of Rule
                                                an exchange be designed to prevent                         designed to encourage increased quoting               19b–4 11 thereunder. At any time within
                                                fraudulent and manipulative acts and                       to add liquidity in MSCI products,                    60 days of the filing of the proposed rule
                                                practices, to promote just and equitable                   thereby protecting investors and the                  change, the Commission summarily may
                                                principles of trade, to foster cooperation                 public interest.                                      temporarily suspend such rule change if
                                                and coordination with persons engaged                         The Exchange lastly notes that a                   it appears to the Commission that such
                                                in regulating, clearing, settling,                         similar financial incentive program was               action is necessary or appropriate in the
                                                processing information with respect to,                    adopted for appointed LMMs in ETH                     public interest, for the protection of
                                                and facilitating transactions in                           and SPX Select Market-Makers.9                        investors, or otherwise in furtherance of
                                                securities, to remove impediments to                       B. Self-Regulatory Organization’s                     the purposes of the Act. If the
                                                and perfect the mechanism of a free and                    Statement on Burden on Competition                    Commission takes such action, the
                                                open market and a national market                                                                                Commission shall institute proceedings
                                                system, and, in general, to protect                           The Exchange does not believe that                 to determine whether the proposed rule
                                                investors and the public interest.                         the proposed rule changes will impose                 change should be approved or
                                                Additionally, the Exchange believes the                    any burden on competition that are not                disapproved.
                                                proposed rule change is consistent with                    necessary or appropriate in furtherance
                                                                                                           of the purposes of the Act. The                       IV. Solicitation of Comments
                                                Section 6(b)(4) of the Act,8 which
                                                requires that Exchange rules provide for                   Exchange does not believe that the
                                                                                                                                                                   Interested persons are invited to
                                                the equitable allocation of reasonable                     proposed rule change will impose any
                                                                                                                                                                 submit written data, views, and
                                                dues, fees, and other charges among its                    burden on intramarket competition that
                                                                                                                                                                 arguments concerning the foregoing,
                                                Trading Permit Holders and other                           is not necessary or appropriate in
                                                                                                                                                                 including whether the proposed rule
                                                persons using its facilities.                              furtherance of the purposes of the Act
                                                                                                                                                                 change is consistent with the Act.
                                                   The Exchange believes it is reasonable                  because, while the financial incentive is
                                                                                                                                                                 Comments may be submitted by any of
                                                to offer MSCI LMM(s) that meet a                           offered only to certain market
                                                                                                                                                                 the following methods:
                                                certain heightened quoting standard                        participants (i.e., appointed MSCI
sradovich on DSK3GMQ082PROD with NOTICES




                                                (described above) $20,000 per month,                       LMM(s) that meet a heightened quoting                 Electronic Comments
                                                                                                           standard), those market participants
                                                  4 See                                                    must meet heightened quoting standards                  • Use the Commission’s internet
                                                          e.g., Cboe Options Rule 8.7 and Rule 8.15.
                                                  5 See                                                    to receive the financial incentive.                   comment form (http://www.sec.gov/
                                                          Cboe Options Fees Schedule, Footnotes 38
                                                and 49.                                                    Additionally, MSCI LMM(s) may incur                   rules/sro.shtml); or
                                                  6 15 U.S.C. 78f(b).
                                                  7 15 U.S.C. 78f(b)(5).                                     9 See Cboe Options Fees Schedule, Footnote 38,        10 15   U.S.C. 78s(b)(3)(A).
                                                  8 15 U.S.C. 78f(b)(4).                                   Cboe Options Rule 6.1A and Footnote 49.                 11 17   CFR 240.19b–4(f).



                                           VerDate Sep<11>2014     18:00 Jul 06, 2018   Jkt 244001   PO 00000   Frm 00112   Fmt 4703   Sfmt 4703   E:\FR\FM\09JYN1.SGM     09JYN1


                                                                                   Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices                                                     31827

                                                  • Send an email to rule-comments@                             Commission, Office of FOIA Services,                Dated: July 3, 2018.
                                                sec.gov. Please include File Number SR–                         100 F Street NE, Washington, DC                   Eduardo A. Aleman,
                                                CBOE–2018–050 on the subject line.                              20549–2736                                        Assistant Secretary.
                                                Paper Comments                                             Extension:                                             [FR Doc. 2018–14654 Filed 7–6–18; 8:45 am]

                                                   • Send paper comments in triplicate                       Form SE, SEC File No. 270–289, OMB                   BILLING CODE 8011–01–P

                                                to Secretary, Securities and Exchange                          Control No. 3235–0327
                                                Commission, 100 F Street NE,                                  Notice is hereby given that, pursuant               SECURITIES AND EXCHANGE
                                                Washington, DC 20549–1090.                                 to the Paperwork Reduction Act of 1995                 COMMISSION
                                                All submissions should refer to File                       (44 U.S.C. 3501 et seq.), the Securities
                                                Number SR–CBOE-2018–050. This file                                                                                [Release No. 34–83588; File No. SR–
                                                                                                           and Exchange Commission                                NASDAQ–2017–128]
                                                number should be included on the                           (‘‘Commission’’) is soliciting comments
                                                subject line if email is used. To help the                 on the collection of information                       Self-Regulatory Organizations; The
                                                Commission process and review your                         summarized below. The Commission                       Nasdaq Stock Market LLC; Notice of
                                                comments more efficiently, please use                      plans to submit this existing collection               Designation of a Longer Period for
                                                only one method. The Commission will                       of information to the Office of                        Commission Action on Proceedings To
                                                post all comments on the Commission’s                                                                             Determine Whether To Approve or
                                                                                                           Management and Budget for extension
                                                internet website (http://www.sec.gov/                                                                             Disapprove a Proposed Rule Change
                                                                                                           and approval.
                                                rules/sro.shtml). Copies of the                                                                                   To List and Trade the Shares of the
                                                submission, all subsequent                                    Form SE (17 CFR 239.64) is used by
                                                                                                                                                                  Western Asset Total Return ETF
                                                amendments, all written statements                         registrants to file paper copies of
                                                with respect to the proposed rule                          exhibits, reports or other documents                   July 3, 2018.
                                                change that are filed with the                             that would be difficult or impossible to                 On December 20, 2017, The Nasdaq
                                                Commission, and all written                                submit electronically, as provided in                  Stock Market LLC (‘‘Nasdaq’’) filed with
                                                communications relating to the                             Rule 311 of Regulation S–T (17 CFR                     the Securities and Exchange
                                                proposed rule change between the                           232.311). The information contained in                 Commission (‘‘Commission’’), pursuant
                                                Commission and any person, other than                      Form SE is used by the Commission to                   to Section 19(b)(1) of the Securities
                                                those that may be withheld from the                        identify paper copies of exhibits. Form                Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                public in accordance with the                              SE is filed by individuals, companies or               19b–4 thereunder,2 a proposed rule
                                                provisions of 5 U.S.C. 552, will be                        other entities that are required to file               change to list and trade shares of the
                                                available for website viewing and                          documents electronically.                              Western Asset Total Return ETF, a
                                                printing in the Commission’s Public                        Approximately 19 registrants file Form                 series of Legg Mason ETF Investment
                                                Reference Room, 100 F Street NE,                           SE and it takes an estimated 0.10 hours                Trust, under Nasdaq Rule 5735. The
                                                Washington, DC 20549 on official                           per response for a total annual burden                 proposed rule change was published for
                                                business days between the hours of                         of 2 hours (0.10 hours per response × 19               comment in the Federal Register on
                                                10:00 a.m. and 3:00 p.m. Copies of the                     responses).                                            January 9, 2018.3 The Commission has
                                                filing also will be available for                                                                                 received no comments on the proposed
                                                                                                              Written comments are invited on: (a)
                                                inspection and copying at the principal                                                                           rule change.
                                                                                                           Whether the proposed collection of                       On February 21, 2018, pursuant to
                                                office of the Exchange. All comments
                                                                                                           information is necessary for the proper                Section 19(b)(2) of the Act,4 the
                                                received will be posted without change.
                                                                                                           performance of the functions of the                    Commission designated a longer period
                                                Persons submitting comments are
                                                cautioned that we do not redact or edit                    agency, including whether the                          within which to approve the proposed
                                                personal identifying information from                      information will have practical utility;               rule change, disapprove the proposed
                                                comment submissions. You should                            (b) the accuracy of the agency’s estimate              rule change, or institute proceedings to
                                                submit only information that you wish                      of the burden imposed by the collection                determine whether to disapprove the
                                                to make available publicly. All                            of information; (c) ways to enhance the                proposed rule change.5 On April 6,
                                                submissions should refer to File                           quality, utility, and clarity of the                   2018, the Commission instituted
                                                Number SR–CBOE–2018–050 and                                information collected; and (d) ways to                 proceedings under Section 19(b)(2)(B) of
                                                should be submitted on or before July                      minimize the burden of the collection of               the Act 6 to determine whether to
                                                30, 2018.                                                  information on respondents, including                  approve or disapprove the proposed
                                                                                                           through the use of automated collection                rule change.7 The Commission has
                                                  For the Commission, by the Division of                   techniques or other forms of information
                                                Trading and Markets, pursuant to delegated                                                                        received no comments on the proposed
                                                authority.12                                               technology. Consideration will be given                rule change.
                                                                                                           to comments and suggestions submitted                    Section 19(b)(2) of the Act 8 provides
                                                Eduardo A. Aleman,
                                                                                                           in writing within 60 days of this                      that, after initiating disapproval
                                                Assistant Secretary.
                                                                                                           publication.                                           proceedings, the Commission shall issue
                                                [FR Doc. 2018–14550 Filed 7–6–18; 8:45 am]
                                                                                                              An agency may not conduct or                        an order approving or disapproving the
                                                BILLING CODE P
                                                                                                           sponsor, and a person is not required to               proposed rule change not later than 180
                                                                                                           respond to, a collection of information
                                                                                                                                                                    1 15  U.S.C. 78s(b)(1).
                                                SECURITIES AND EXCHANGE                                    unless it displays a currently valid                     2 17  CFR 240.19b–4.
                                                COMMISSION                                                 control number.
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                                     3 See Securities Exchange Act Release No. 82439

                                                                                                              Please direct your written comment to               (Jan. 3, 2018), 83 FR 1062.
                                                Proposed Collection; Comment                               Pamela Dyson, Director/Chief                              4 15 U.S.C. 78s(b)(2).

                                                Request                                                    Information Officer, Securities and                       5 See Securities Exchange Act Release No. 82757,

                                                                                                                                                                  83 FR 8532 (Feb. 27, 2018).
                                                Upon Written Request Copies Available                      Exchange Commission, c/o Candace                          6 15 U.S.C. 78s(b)(2)(B).
                                                 From: Securities and Exchange                             Kenner, 100 F Street NE, Washington,                      7 See Securities Exchange Act Release No. 83007,
                                                                                                           DC 20549 or send an email to: PRA_                     83 FR 15883 (Apr. 12, 2018).
                                                  12 17   CFR 200.30–3(a)(12).                             Mailbox@sec.gov.                                          8 15 U.S.C. 78s(b)(2).




                                           VerDate Sep<11>2014     18:00 Jul 06, 2018   Jkt 244001   PO 00000    Frm 00113   Fmt 4703   Sfmt 4703   E:\FR\FM\09JYN1.SGM    09JYN1



Document Created: 2018-07-07 00:41:38
Document Modified: 2018-07-07 00:41:38
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 31825 

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