83_FR_3209 83 FR 3194 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Harmonize the Definition of Non-Professional User in Its Fee Schedule With That of Its Affiliates

83 FR 3194 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Harmonize the Definition of Non-Professional User in Its Fee Schedule With That of Its Affiliates

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 15 (January 23, 2018)

Page Range3194-3196
FR Document2018-01091

Federal Register, Volume 83 Issue 15 (Tuesday, January 23, 2018)
[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Notices]
[Pages 3194-3196]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01091]


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

[Release No. 34-82520; File No. SR-CboeEDGX-2018-001]


Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Harmonize the Definition of Non-Professional User in Its Fee Schedule 
With That of Its Affiliates

January 17, 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 January 8, 2018, Cboe EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') 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 has 
designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with 
the Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend the Market Data section of 
its fee schedule to harmonize the definition of ``Non-Professional 
User'' with that of its affiliates, Cboe Exchange, Inc. (``Cboe'') and 
Cboe C2 Exchange, Inc. (``C2'').
    The text of the proposed rule change is available at the Exchange's 
website at www.markets.cboe.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend the Market Data section of its fee 
schedule to harmonize the definition of ``Non-Professional User'' with 
that of its affiliates, Cboe and C2. In late 2016, the Exchange and its 
affiliates Cboe EDGA Exchange, Inc. (``EDGA''), Cboe BYX Exchange, Inc. 
(``BYX''), and Cboe BZX Exchange, Inc. (``BZX'') received approval to 
effect a merger (the ``Merger'') of the Exchange's parent company, Bats 
Global Markets, Inc., the parent of EDGA, EDGX, BYX, and BZX with CBOE 
Holding, Inc. (now known as Cboe Global Markets, Inc.) the parent 
company of Cboe and C2.\5\ In order to provide consistent rules and 
terminology amongst the Exchange, Cboe, and C2, the Exchange proposes 
to amend the definition of ``Non-Professional User'' to harmonize it 
with that of its affiliates, Cboe and C2. The EDGX Option's fee 
schedule currently defines ``Non-Professional User'' as:
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 79585 (December 16, 
2016), 82 FR 6961 (December 22, 2016) (SR-BatsEDGX-2016-60; SR-
BatsEDGA-2016-24; SR-BatsBYX-2017-29; and SR-BatsBYX-2016-68).

a natural person who is not: (i) registered or qualified in any 
capacity with the Commission, the Commodity Futures Trading 
Commission, any state securities agency, any securities exchange or 
association, or any commodities or futures contract market or 
association; (ii) engaged as an ``investment adviser'' as that term 
is defined in Section 202(a)(11) of the Investment Advisers Act of 
1940 (whether or not registered or qualified under that Act); or 
(iii) employed by a bank or other organization exempt from 
registration under federal or state securities laws to perform 
functions that would require registration or qualification if such 
---------------------------------------------------------------------------
functions were performed for an organization not so exempt.

As amended, ``Non-Professional User'' would be defined as:

a natural person or qualifying trust that uses Data only for 
personal purposes and not for any commercial purpose and, for a 
natural person who works in the United States, is not: (i) 
registered or qualified in any capacity with the Securities and 
Exchange Commission, the Commodities Futures Trading Commission, any 
state securities agency, any securities exchange or association, or 
any commodities or futures contract market or association; (ii) 
engaged as an ``investment adviser'' as that term is defined in 
Section 202(a)(11) of the Investment Advisors Act of 1940 (whether 
or not registered or qualified under that Act); or (iii) employed by 
a bank or other organization exempt from registration under federal 
or state securities laws to perform functions that would require 
registration or qualification if such functions were performed for 
an organization not so exempt; or, for a natural person who works 
outside of the United States, does not perform the same functions as 
would disqualify such person as a Non-Professional User if he or she 
worked in the United States.

    The revised definition is substantially identical to the definition 
of ``Non-Professional User' included within the Cboe and C2 fee 
schedules.\6\ The Exchange's current definition of ``Non-

[[Page 3195]]

Professional User'' does differ from that contained in the Cboe and C2 
fee schedules in following minor, non-substantive ways. First, the 
harmonized definition will make clear that a Non-Professional User may 
be a natural person or qualifying trust that uses Data only for 
personal purposes and not for any commercial purpose. To date, the 
Exchange is not aware of any entity that receives an Exchange market 
data product would be deemed a qualifying trust and, therefore, has not 
had to determine whether such entity is a Professional or Non-
Professional User under the prior definition. Second, the harmonized 
definition would specify that a natural person who works outside of the 
United States would not be deemed a Non-Professional User where that 
person does not perform the same functions as would disqualify such 
person as a Non-Professional User if he or she worked in the United 
States. The definition with regard to natural persons who work in the 
United States are substantively identical amongst the old and 
harmonized definition.
---------------------------------------------------------------------------

    \6\ See the Cboe fee schedule available at https://www.cboe.org/general-info/pdfframed?content=/publish/mdxfees/cboe-cds-fees-schedule-for-cboe-datafeeds.pdf§ion=SEC_MDX_CSM&title=Cboe%20CDS%20Fees%20Schedule 
and the C2 fee schedule available at https://www.cboe.org/general-info/pdfframed?content=/publish/mdxfees/c2-cds-fees-schedule.pdf§ion=SEC_MDX_CSM&title=C2%20CDS%20Fees%20Schedule.
---------------------------------------------------------------------------

    None of these differences impact the manner in which the Exchange 
would characterize a User and a Professional or Non-Professional. The 
harmonized definition would provide additional specificity while 
harmonizing the definition with that of its affiliates. Doing so would 
ensure consistent terms amongst the Exchange and its affiliates, 
thereby reducing the potential for confusion amongst market data 
subscribers regarding the type of User they may be considered by the 
Exchange.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the objectives of Section 6 of the Act,\7\ in general, and 
furthers the objectives of Section 6(b)(5) of the Act \8\ in 
particular, in that it is designed to promote just and equitable 
principles of trade, to foster cooperation and coordination with 
persons engaged in 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. The harmonized definition of Non-Professional User is 
equitable, reasonable, and removes impediments to and perfect the 
mechanism of a free and open market and a national market system it 
would provide additional specificity while harmonizing the definition 
with that of its affiliates. Doing so would ensure consistent terms 
amongst the Exchange and its affiliates, thereby reducing the potential 
for confusion amongst market data subscribers regarding the type of 
User they may be considered by the Exchange.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act, as amended. The 
harmonized definition of Non-Professional User would have no impact on 
competition because it does not materially alter the definition.

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

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

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 \9\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\ In addition, Rule 
19b-4(f)(6) requires a self-regulatory organization to give the 
Commission written notice of its intent to file the proposed rule 
change, along with a brief description and 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    In its filing, the Exchange requested that the Commission waive the 
30-day operative delay in order to enable the Exchange to immediately 
ensure consistent use of terms amongst the Exchange and its affiliates, 
thereby reducing the potential for confusion amongst market data 
subscribers regarding the type of User they may be considered by the 
Exchange. The Commission believes that such waiver is consistent with 
the protection of investors and the public interest. Therefore, the 
Commission designates the proposed rule change to be operative upon 
filing. For purposes only of waiving the 30-day operative delay, the 
Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation.\11\
---------------------------------------------------------------------------

    \11\ See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CboeEDGX-2018-001 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 CboeEDGX-2018-001. 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

[[Page 3196]]

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 CboeEDGX-2018-001 and should be 
submitted on or before February 13, 2018.

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

    \12\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-01091 Filed 1-22-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                3194                             Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices

                                                longstanding U.S.-EU NanoEHS                               change as described in Items I and II                   company of Cboe and C2.5 In order to
                                                Communities of Research provide a                          below, which Items have been prepared                   provide consistent rules and
                                                platform for scientists to develop a                       by the Exchange. The Exchange has                       terminology amongst the Exchange,
                                                shared repertoire of protocols and                         designated this proposal as a ‘‘non-                    Cboe, and C2, the Exchange proposes to
                                                methods to overcome research gaps and                      controversial’’ proposed rule change                    amend the definition of ‘‘Non-
                                                barriers in nanosafety-specific focus                      pursuant to Section 19(b)(3)(A) of the                  Professional User’’ to harmonize it with
                                                areas such as human toxicity or risk                       Act 3 and Rule 19b–4(f)(6)(iii)                         that of its affiliates, Cboe and C2. The
                                                assessment. The Communities of                             thereunder,4 which renders it effective                 EDGX Option’s fee schedule currently
                                                Interest are not intended to provide any                   upon filing with the Commission. The                    defines ‘‘Non-Professional User’’ as:
                                                government agency with advice or                           Commission is publishing this notice to                 a natural person who is not: (i) registered or
                                                recommendations; such action is                            solicit comments on the proposed rule                   qualified in any capacity with the
                                                outside of their purview.                                  change from interested persons.                         Commission, the Commodity Futures
                                                   Registration: Due to space limitations,                                                                         Trading Commission, any state securities
                                                pre-registration for workshops is                          I. Self-Regulatory Organization’s                       agency, any securities exchange or
                                                required. Workshop registration is on a                    Statement of the Terms of Substance of                  association, or any commodities or futures
                                                first-come, first-served basis, and will be                the Proposed Rule Change                                contract market or association; (ii) engaged as
                                                                                                              The Exchange filed a proposal to                     an ‘‘investment adviser’’ as that term is
                                                capped as space limitations dictate.
                                                                                                                                                                   defined in Section 202(a)(11) of the
                                                Registration information will be                           amend the Market Data section of its fee                Investment Advisers Act of 1940 (whether or
                                                available at http://www.nano.gov/                          schedule to harmonize the definition of                 not registered or qualified under that Act); or
                                                meetings-workshops. Registration for the                   ‘‘Non-Professional User’’ with that of its              (iii) employed by a bank or other
                                                webinars will open approximately two                       affiliates, Cboe Exchange, Inc. (‘‘Cboe’’)              organization exempt from registration under
                                                weeks prior to each event and will be                      and Cboe C2 Exchange, Inc. (‘‘C2’’).                    federal or state securities laws to perform
                                                capped at 500 participants or as space                        The text of the proposed rule change                 functions that would require registration or
                                                limitations dictate. Individuals planning                  is available at the Exchange’s website at               qualification if such functions were
                                                to attend a webinar can find registration                  www.markets.cboe.com, at the principal                  performed for an organization not so exempt.
                                                information at http://www.nano.gov/                        office of the Exchange, and at the                      As amended, ‘‘Non-Professional User’’
                                                PublicWebinars. Written notices of                         Commission’s Public Reference Room.                     would be defined as:
                                                participation for workshops, webinars,                                                                             a natural person or qualifying trust that uses
                                                                                                           II. Self-Regulatory Organization’s
                                                or Communities of Interest should be                                                                               Data only for personal purposes and not for
                                                                                                           Statement of the Purpose of, and
                                                sent to by email to info@nnco.nano.gov.                                                                            any commercial purpose and, for a natural
                                                   Meeting Accommodations:                                 Statutory Basis for, the Proposed Rule                  person who works in the United States, is
                                                Individuals requiring special                              Change                                                  not: (i) registered or qualified in any capacity
                                                accommodation to access any of these                         In its filing with the Commission, the                with the Securities and Exchange
                                                public events should contact info@                         Exchange included statements                            Commission, the Commodities Futures
                                                                                                                                                                   Trading Commission, any state securities
                                                nnco.nano.gov at least ten business days                   concerning the purpose of and basis for
                                                                                                                                                                   agency, any securities exchange or
                                                prior to the meeting so that appropriate                   the proposed rule change and discussed                  association, or any commodities or futures
                                                arrangements can be made.                                  any comments it received on the                         contract market or association; (ii) engaged as
                                                                                                           proposed rule change. The text of these                 an ‘‘investment adviser’’ as that term is
                                                Ted Wackler,
                                                                                                           statements may be examined at the                       defined in Section 202(a)(11) of the
                                                Deputy Chief of Staff and Assistant Director.              places specified in Item IV below. The                  Investment Advisors Act of 1940 (whether or
                                                [FR Doc. 2018–01067 Filed 1–22–18; 8:45 am]                Exchange has prepared summaries, set                    not registered or qualified under that Act); or
                                                BILLING CODE 3270–F8–P                                     forth in Sections A, B, and C below, of                 (iii) employed by a bank or other
                                                                                                                                                                   organization exempt from registration under
                                                                                                           the most significant parts of such
                                                                                                                                                                   federal or state securities laws to perform
                                                                                                           statements.                                             functions that would require registration or
                                                SECURITIES AND EXCHANGE                                                                                            qualification if such functions were
                                                COMMISSION                                                 A. Self-Regulatory Organization’s
                                                                                                           Statement of the Purpose of, and                        performed for an organization not so exempt;
                                                [Release No. 34–82520; File No. SR–                                                                                or, for a natural person who works outside
                                                                                                           Statutory Basis for, the Proposed Rule                  of the United States, does not perform the
                                                CboeEDGX–2018–001]                                         Change                                                  same functions as would disqualify such
                                                Self-Regulatory Organizations; Cboe                        1. Purpose                                              person as a Non-Professional User if he or
                                                EDGX Exchange, Inc.; Notice of Filing                                                                              she worked in the United States.
                                                                                                              The Exchange proposes to amend the
                                                and Immediate Effectiveness of a                           Market Data section of its fee schedule                   The revised definition is substantially
                                                Proposed Rule Change To Harmonize                          to harmonize the definition of ‘‘Non-                   identical to the definition of ‘‘Non-
                                                the Definition of Non-Professional User                    Professional User’’ with that of its                    Professional User’ included within the
                                                in Its Fee Schedule With That of Its                       affiliates, Cboe and C2. In late 2016, the              Cboe and C2 fee schedules.6 The
                                                Affiliates                                                 Exchange and its affiliates Cboe EDGA                   Exchange’s current definition of ‘‘Non-
                                                January 17, 2018.                                          Exchange, Inc. (‘‘EDGA’’), Cboe BYX                       5 See Securities Exchange Act Release No. 79585
                                                   Pursuant to Section 19(b)(1) of the                     Exchange, Inc. (‘‘BYX’’), and Cboe BZX                  (December 16, 2016), 82 FR 6961 (December 22,
                                                Securities Exchange Act of 1934 (the                       Exchange, Inc. (‘‘BZX’’) received                       2016) (SR–BatsEDGX–2016–60; SR–BatsEDGA–
                                                ‘‘Act’’),1 and Rule 19b–4 thereunder,2                     approval to effect a merger (the                        2016–24; SR–BatsBYX–2017–29; and SR–BatsBYX–
                                                                                                           ‘‘Merger’’) of the Exchange’s parent                    2016–68).
sradovich on DSK3GMQ082PROD with NOTICES




                                                notice is hereby given that on January 8,                                                                            6 See the Cboe fee schedule available at https://
                                                2018, Cboe EDGX Exchange, Inc. (the                        company, Bats Global Markets, Inc., the                 www.cboe.org/general-info/pdfframed?content=/
                                                ‘‘Exchange’’ or ‘‘EDGX’’) filed with the                   parent of EDGA, EDGX, BYX, and BZX                      publish/mdxfees/cboe-cds-fees-schedule-for-cboe-
                                                Securities and Exchange Commission                         with CBOE Holding, Inc. (now known as                   datafeeds.pdf&section=SEC_MDX_CSM&title=
                                                                                                           Cboe Global Markets, Inc.) the parent                   Cboe%20CDS%20Fees%20Schedule and the C2 fee
                                                (the ‘‘Commission’’) the proposed rule                                                                             schedule available at https://www.cboe.org/general-
                                                                                                                                                                   info/pdfframed?content=/publish/mdxfees/c2-cds-
                                                  1 15   U.S.C. 78s(b)(1).                                   3 15   U.S.C. 78s(b)(3)(A).                           fees-schedule.pdf&section=SEC_MDX_CSM&title=
                                                  2 17   CFR 240.19b–4.                                      4 17   CFR 240.19b–4(f)(6)(iii).                      C2%20CDS%20Fees%20Schedule.



                                           VerDate Sep<11>2014      17:59 Jan 22, 2018   Jkt 244001   PO 00000   Frm 00085    Fmt 4703   Sfmt 4703   E:\FR\FM\23JAN1.SGM   23JAN1


                                                                                 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices                                                 3195

                                                Professional User’’ does differ from that                  its affiliates. Doing so would ensure                     investors and the public interest.
                                                contained in the Cboe and C2 fee                           consistent terms amongst the Exchange                     Therefore, the Commission designates
                                                schedules in following minor, non-                         and its affiliates, thereby reducing the                  the proposed rule change to be operative
                                                substantive ways. First, the harmonized                    potential for confusion amongst market                    upon filing. For purposes only of
                                                definition will make clear that a Non-                     data subscribers regarding the type of                    waiving the 30-day operative delay, the
                                                Professional User may be a natural                         User they may be considered by the                        Commission has also considered the
                                                person or qualifying trust that uses Data                  Exchange.                                                 proposed rule’s impact on efficiency,
                                                only for personal purposes and not for                                                                               competition, and capital formation.11
                                                any commercial purpose. To date, the                       B. Self-Regulatory Organization’s                            At any time within 60 days of the
                                                Exchange is not aware of any entity that                   Statement on Burden on Competition                        filing of the proposed rule change, the
                                                receives an Exchange market data                             The Exchange does not believe that                      Commission summarily may
                                                product would be deemed a qualifying                       the proposed rule change will result in                   temporarily suspend such rule change if
                                                trust and, therefore, has not had to                       any burden on competition that is not                     it appears to the Commission that such
                                                determine whether such entity is a                         necessary or appropriate in furtherance                   action is: (i) Necessary or appropriate in
                                                Professional or Non-Professional User                      of the purposes of the Act, as amended.                   the public interest; (ii) for the protection
                                                under the prior definition. Second, the                    The harmonized definition of Non-                         of investors; or (iii) otherwise in
                                                harmonized definition would specify                        Professional User would have no impact                    furtherance of the purposes of the Act.
                                                that a natural person who works outside                    on competition because it does not                        If the Commission takes such action, the
                                                of the United States would not be                          materially alter the definition.                          Commission shall institute proceedings
                                                deemed a Non-Professional User where                                                                                 to determine whether the proposed rule
                                                                                                           C. Self-Regulatory Organization’s
                                                that person does not perform the same                                                                                should be approved or disapproved.
                                                                                                           Statement on Comments on the
                                                functions as would disqualify such
                                                                                                           Proposed Rule Change Received From                        IV. Solicitation of Comments
                                                person as a Non-Professional User if he
                                                                                                           Members, Participants, or Others                            Interested persons are invited to
                                                or she worked in the United States. The
                                                definition with regard to natural persons                    The Exchange has neither solicited                      submit written data, views, and
                                                who work in the United States are                          nor received written comments on the                      arguments concerning the foregoing,
                                                substantively identical amongst the old                    proposed rule change.                                     including whether the proposed rule
                                                and harmonized definition.                                                                                           change is consistent with the Act.
                                                                                                           III. Date of Effectiveness of the
                                                  None of these differences impact the                                                                               Comments may be submitted by any of
                                                                                                           Proposed Rule Change and Timing for
                                                manner in which the Exchange would                                                                                   the following methods:
                                                                                                           Commission Action
                                                characterize a User and a Professional or
                                                                                                              Because the foregoing proposed rule                    Electronic Comments
                                                Non-Professional. The harmonized
                                                definition would provide additional                        change does not: (i) Significantly affect                    • Use the Commission’s internet
                                                specificity while harmonizing the                          the protection of investors or the public                 comment form (http://www.sec.gov/
                                                definition with that of its affiliates.                    interest; (ii) impose any significant                     rules/sro.shtml); or
                                                Doing so would ensure consistent terms                     burden on competition; and (iii) become                      • Send an email to rule-comments@
                                                amongst the Exchange and its affiliates,                   operative for 30 days from the date on                    sec.gov. Please include File Number SR–
                                                thereby reducing the potential for                         which it was filed, or such shorter time                  CboeEDGX–2018–001 on the subject
                                                confusion amongst market data                              as the Commission may designate, it has                   line.
                                                subscribers regarding the type of User                     become effective pursuant to Section                      Paper Comments
                                                they may be considered by the                              19(b)(3)(A)(iii) of the Act 9 and
                                                Exchange.                                                  subparagraph (f)(6) of Rule 19b–4                           • Send paper comments in triplicate
                                                                                                           thereunder.10 In addition, Rule 19b–                      to Secretary, Securities and Exchange
                                                2. Statutory Basis                                         4(f)(6) requires a self-regulatory                        Commission, 100 F Street NE,
                                                   The Exchange believes that the                          organization to give the Commission                       Washington, DC 20549–1090.
                                                proposed rule change is consistent with                    written notice of its intent to file the                  All submissions should refer to File
                                                the objectives of Section 6 of the Act,7                   proposed rule change, along with a brief                  Number CboeEDGX–2018–001. This file
                                                in general, and furthers the objectives of                 description and text of the proposed                      number should be included on the
                                                Section 6(b)(5) of the Act 8 in particular,                rule change, at least five business days                  subject line if email is used. To help the
                                                in that it is designed to promote just and                 prior to the date of filing of the                        Commission process and review your
                                                equitable principles of trade, to foster                   proposed rule change, or such shorter                     comments more efficiently, please use
                                                cooperation and coordination with                          time as designated by the Commission.                     only one method. The Commission will
                                                persons engaged in facilitating                            The Exchange has satisfied this                           post all comments on the Commission’s
                                                transactions in securities, to remove                      requirement.                                              internet website (http://www.sec.gov/
                                                impediments to and perfect the                                In its filing, the Exchange requested                  rules/sro.shtml). Copies of the
                                                mechanism of a free and open market                        that the Commission waive the 30-day                      submission, all subsequent
                                                and a national market system and, in                       operative delay in order to enable the                    amendments, all written statements
                                                general, to protect investors and the                      Exchange to immediately ensure                            with respect to the proposed rule
                                                public interest. The harmonized                            consistent use of terms amongst the                       change that are filed with the
                                                definition of Non-Professional User is                     Exchange and its affiliates, thereby                      Commission, and all written
                                                equitable, reasonable, and removes                         reducing the potential for confusion                      communications relating to the
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                                                impediments to and perfect the                             amongst market data subscribers                           proposed rule change between the
                                                mechanism of a free and open market                        regarding the type of User they may be                    Commission and any person, other than
                                                and a national market system it would                      considered by the Exchange. The                           those that may be withheld from the
                                                provide additional specificity while                       Commission believes that such waiver is                   public in accordance with the
                                                harmonizing the definition with that of                    consistent with the protection of                         provisions of 5 U.S.C. 552, will be
                                                                                                                                                                     available for website viewing and
                                                  7 15   U.S.C. 78f.                                         9 15   U.S.C. 78s(b)(3)(A)(iii).
                                                  8 15   U.S.C. 78f(b)(5).                                   10 17   CFR 240.19b–4(f)(6).                              11 See   15 U.S.C. 78c(f).



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                                                3196                           Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices

                                                printing in the Commission’s Public                     Makers 3 to enter additional order types               A. Self-Regulatory Organization’s
                                                Reference Room, 100 F Street NE,                        in the options classes to which they are               Statement of the Purpose of, and
                                                Washington, DC 20549 on official                        appointed.                                             Statutory Basis for, the Proposed Rule
                                                business days between the hours of                      *     *     *    *     *                               Change
                                                10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                                                                               1. Purpose
                                                filing also will be available for                       Nasdaq MRX Rulebook
                                                inspection and copying at the principal                                                                           The purpose of this rule change is to
                                                                                                        *      *      *       *      *                         permit Market Makers to enter principal
                                                office of the Exchange. All comments
                                                received will be posted without change.                 Rule 805. Market Maker Orders                          orders to buy or sell options in the
                                                Persons submitting comments are                                                                                options classes to which they are
                                                cautioned that we do not redact or edit                   (a) Options Classes to Which                         appointed under Rule 802 4 for all order
                                                personal identifying information from                   Appointed. Market makers may enter all                 types listed in Rule 715 except for
                                                comment submissions. You should                         order types defined in Rule 715 in the                 Stopped Orders,5 Reserve Orders 6 and
                                                submit only information that you wish                   options classes to which they are                      Customer Cross Orders.7 This filing is
                                                to make available publicly. All                         appointed under Rule 802, except                       intended to permit Market Makers to
                                                submissions should refer to File                        Stopped Orders, Reserve Orders and                     execute most of the same order types,
                                                Number CboeEDGX–2018–001 and                            Customer Cross Orders.[not place                       which today they are permitted to enter
                                                should be submitted on or before                        principal orders to buy or sell options                on other options markets.8 In addition,
                                                February 13, 2018.                                      in the options classes to which they are               this filing is intended to amend MRX
                                                                                                        appointed under Rule 802, other than                   Rule 805(b)(1) to indicate that Reserve
                                                  For the Commission, by the Division of                                                                       Orders are not permitted to be entered
                                                Trading and Markets, pursuant to delegated              opening only orders, immediate-or-
                                                                                                                                                               by MRX Market Makers in non-
                                                authority.12                                            cancel orders, market orders, fill-or-kill
                                                Eduardo A. Aleman,                                      orders, sweep orders, and block-size                      4 MRX Rule 802 concerns the appointment of

                                                Assistant Secretary.                                    orders executed through the Block                      Market Makers.
                                                [FR Doc. 2018–01091 Filed 1–22–18; 8:45 am]             Order Mechanism pursuant to Rule                          5 A stopped order is a limit order that meets the

                                                                                                        716(c).] Competitive Market Makers                     requirements of Rule 1901(b)(8). To execute
                                                BILLING CODE 8011–01–P
                                                                                                                                                               stopped orders, Members must enter them into the
                                                                                                        shall comply with the provisions of                    Facilitation Mechanism or Solicited Order
                                                                                                        Rule 804(e)(2)(iii) upon the entry of                  Mechanism pursuant to Rule 716. See MRX Rule
                                                SECURITIES AND EXCHANGE                                 such orders if they were not previously                715(b)(6).
                                                                                                                                                                  6 A Reserve Order is a limit order that contains
                                                COMMISSION                                              quoting in the series.                                 both a displayed portion and a non-displayed
                                                [Release No. 34–82523; File No. SR–MRX–                   (b) Options Classes Other Than Those                 portion. Both the displayed and non-displayed
                                                                                                                                                               portions of a Reserve Order are available for
                                                2018–02]                                                to Which Appointed.                                    potential execution against incoming marketable
                                                                                                          (1) A market maker may enter all                     orders. A non-marketable Reserve Order will rest on
                                                Self-Regulatory Organizations; Nasdaq                                                                          the order book. The displayed portion of a Reserve
                                                                                                        order types permitted to be entered by
                                                MRX, LLC; Notice of Filing and                                                                                 Order shall be ranked at the specified limit price
                                                                                                        non-customer participants under the                    and the time of order entry. The displayed portion
                                                Immediate Effectiveness of Proposed
                                                Rule Change Relating to Market Maker                    Rules to buy or sell options in classes                of a Reserve Order will trade in accordance with
                                                                                                                                                               Rule 713(c) and (d) for Priority Customer Orders,
                                                Orders                                                  of options listed on the Exchange to                   and Rule 713(e) and Supplementary Material .01,
                                                                                                        which the market maker is not                          for Professional Orders. When the displayed portion
                                                January 17, 2018.                                       appointed under Rule 802, except for                   of a Reserve Order is decremented, either in full or
                                                   Pursuant to Section 19(b)(1) of the                  Reserve Orders, provided that:                         in part, it shall be refreshed from the non-displayed
                                                                                                                                                               portion of the resting Reserve Order. If the
                                                Securities Exchange Act of 1934                           (i) and (ii) No change.                              displayed portion is refreshed in part, the new
                                                (‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                        displayed portion shall include the previously
                                                notice is hereby given that on January 5,                 (2) and (3) No change.                               displayed portion. Upon any refresh, the entire
                                                2018, Nasdaq MRX, LLC (‘‘MRX’’ or                       *      *    *     *    *                               displayed portion shall be ranked at the specified
                                                                                                                                                               limit price and obtain a new time stamp, i.e., the
                                                ‘‘Exchange’’) filed with the Securities                                                                        time that the new displayed portion of the order
                                                and Exchange Commission                                 II. Self-Regulatory Organization’s
                                                                                                                                                               was refreshed. The new displayed portion will
                                                (‘‘Commission’’) the proposed rule                      Statement of the Purpose of, and                       trade in accordance with Rule 713(c) and (d) for
                                                change as described in Items I and II                   Statutory Basis for, the Proposed Rule                 Priority Customer Orders, and Rule 713(e) and
                                                                                                        Change                                                 Supplementary Material .01, for Professional
                                                below, which Items have been prepared                                                                          Orders. The initial non-displayed portion of a
                                                by the Exchange. The Commission is                        In its filing with the Commission, the               Reserve Order rests on the order book and is ranked
                                                publishing this notice to solicit                                                                              based on the specified limit price and time of order
                                                                                                        Exchange included statements                           entry. Thereafter, non-displayed portions, if any,
                                                comments on the proposed rule change
                                                                                                        concerning the purpose of and basis for                always obtain the same time stamp as that of the
                                                from interested persons.                                                                                       new displayed portion in subparagraph 4 above.
                                                                                                        the proposed rule change and discussed
                                                   The text of the proposed rule change                                                                        The non-displayed portion of any Reserve Order is
                                                is set forth below. Proposed new                        any comments it received on the                        available for execution only after all displayed
                                                language is italicized; deleted text is in              proposed rule change. The text of these                interest has been executed. The non-displayed
                                                                                                        statements may be examined at the                      portion of any Reserve Order will trade in
                                                [brackets].                                                                                                    accordance with Rule 713(c) and (d) for Priority
                                                                                                        places specified in Item IV below. The                 Customer Orders, and Rule 713(e) and
                                                I. Self-Regulatory Organization’s                       Exchange has prepared summaries, set                   Supplementary Material .01, for Professional
                                                Statement of the Terms of Substance of                  forth in sections A, B, and C below, of                Orders. See MRX Rule 715(g).
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                                                the Proposed Rule Change                                the most significant aspects of such
                                                                                                                                                                  7 A Customer Cross Order is comprised of a

                                                                                                                                                               Priority Customer Order to buy and a Priority
                                                 The Exchange proposes to amend                         statements.                                            Customer Order to sell at the same price and for the
                                                MRX Rule 805 to permit Market                                                                                  same quantity. See MRX Rule 715(i).
                                                                                                                                                                  8 NYSE Arca, Inc. (‘‘NYSE Arca’’) and NYSE

                                                                                                                                                               American LLC (‘‘NYSE American’’) do not limit the
                                                  12 17 CFR 200.30–3(a)(12).                              3 Market Makers refers to ‘‘Competitive Market
                                                                                                                                                               types of orders that can be entered by market
                                                  1 15 U.S.C. 78s(b)(1).                                Makers’’ and ‘‘Primary Market Makers’’ collectively.   makers. See NYSE Arca Rule 6.37C–O and NYSE
                                                  2 17 CFR 240.19b–4.                                   See MRX Rule 100(a)(25).                               American Rule 925.2NY.



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Document Created: 2018-01-23 01:08:45
Document Modified: 2018-01-23 01:08:45
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 3194 

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