83_FR_32303 83 FR 32170 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on the Exchange's Equity Options Platform

83 FR 32170 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on the Exchange's Equity Options Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 133 (July 11, 2018)

Page Range32170-32172
FR Document2018-14849

Federal Register, Volume 83 Issue 133 (Wednesday, July 11, 2018)
[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)]
[Notices]
[Pages 32170-32172]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14849]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83600; File No. SR-CboeEDGX-2018-024]


Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change Related 
to Fees for Use on the Exchange's Equity Options Platform

July 6, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on June 29, 2018, Cboe EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated the proposed rule change as one establishing or 
changing a member due, fee, or other charge imposed by the Exchange 
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders the proposed rule change 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)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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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 implement proposed changes to its 
fee schedule for its equity options platform (``EDGX Options'') 
relating to logical and physical connectivity fees, effective July 2, 
2018.
    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 implement proposed changes to its fee 
schedule for its equity options platform (``EDGX Options'') relating to 
logical and physical connectivity fees, effective July 2, 2018.
Logical Connectivity
    The Exchange proposes to amend certain logical connectivity fees. 
Currently, EDGX Options market participants may utilize a variety of 
logical connectivity ports. A logical port provides users with the 
ability within the Exchange's system to accomplish a specific function 
through a connection, such as order entry, data receipt, or access to 
information. Currently, with respect to logical port fees, the Exchange 
only assesses a fee for Purge Ports. Additionally, logical connectivity 
fees are limited to logical ports in the Exchange's primary data center 
and no logical port fees are assessed for redundant secondary data 
center ports.
    The Exchange first proposes to adopt a $500 per month, per port fee 
for all logical ports excluding Purge, Multicast Pitch Spin Server, GRP 
and Bulk Ports.\5\ The Exchange notes that fees for these excluded 
ports are explicitly set forth in the Fees Schedule. The Exchange notes 
that the proposed fee of $500 per port is in line with the fee assessed 
for similar ports on BZX Options and C2 Options.\6\
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    \5\ The Exchange notes that even though Ports with Bulk Quoting 
Capabilities (``Bulk Ports'') already has its own line item in the 
logical connectivity fees table, it's not explicitly excluded from 
the general ``Logical Ports'' line item. The Exchange proposes to 
add a reference relating to its exclusion to maintain clarity in the 
Fees Schedule.
    \6\ See Cboe BZX Options Exchange Fee Schedule, Options Logical 
Port Fees and Cboe C2 Options Exchange Fees Schedule, Logical 
Connectivity Fees.
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    Next, the Exchange proposes to adopt fees for Multicast PITCH/Spin 
Server and GRP ports. Multicast PITCH Spin Server Ports and GRP Ports 
are used to request and receive a retransmission of data from the 
Exchange's Multicast PITCH data feed. The Exchange's Multicast PITCH/
Top data feed is available from two primary feeds, identified as the 
``A feed'' and the ``C feed'', which contain the same information but 
differ only in the way such feeds are received. The Exchange also 
offers two redundant feeds,

[[Page 32171]]

identified as the ``B feed'' and the ``D feed.'' The Exchange proposes 
to adopt a $500 per month, per set fee. All secondary feed Multicast 
PITCH Spin Server and GRP Ports will be provided for redundancy at no 
additional cost. The Exchange notes that the proposed fee is in line 
with the fee assessed for the same ports on BZX Options and C2 
Options.\7\
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    \7\ Id.
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    Lastly, the Exchange proposes to amend fees for ports with bulk 
quoting capabilities (``Bulk Ports''). A Bulk Port is a logical port 
that provides users with the ability to submit bulk messages to enter, 
modify or cancel orders designated as Post Only Orders, provided such 
orders are entered with a Time-in-Force of DAY or a Time-in-Force of 
GTD with an expiration time on that trading day. The Exchange does not 
currently assess fees for Bulk Ports. The Exchange now proposes to 
adopt a monthly fee of $600 per port. The Exchange notes that the 
proposed Bulk Port fee is less than the fee assessed for similar ports 
on BZX Options and C2 Options.\8\
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    \8\ Id.
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Physical Port Clarification
    The Exchange next proposes to add clarifying language relating to 
its Options Physical Connectivity Fees. First, the Exchange proposes to 
clarify that all Physical Connectivity Fees will be prorated based on 
the remaining trading days in the calendar month. The Exchange notes 
that while this is current practice, it is not currently codified under 
the Options Physical Connectivity Fees section (although similar 
language is found under the Options Logical Port Fees section). The 
Exchange also proposes to clarify that physical ports (other than 
Disaster Recovery physical ports) may be used to connect to C2 Options, 
Cboe BZX, Cboe BYX and Cboe EDGA. Disaster Recovery physical ports may 
be used to connect to the Disaster Recovery Systems for C2 Options, 
Cboe BZX, Cboe BYX, Cboe EDGA, Cboe Options and CFE. Additionally, the 
Exchange proposes to make clear that Members and non-Members will only 
be assessed a single fee for any physical port or Disaster Recovery 
physical port that accesses the identified exchanges, respectively. The 
Exchange notes that similar language appears in the Fees Schedule of C2 
Options.\9\
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    \9\ See e.g., Cboe C2 Options Exchange Fees Schedule, Physical 
Connectivity Fees.
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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.\10\ Specifically, the 
Exchange believes the proposed rule change is consistent with Section 
6(b)(4) of the Act,\11\ which provides that Exchange rules may provide 
for the equitable allocation of reasonable dues, fees, and other 
charges among its Permit Holders and other persons using its 
facilities. Additionally, the Exchange believes the proposed rule 
change is consistent with the Section 6(b)(5) \12\ requirement that the 
rules of an exchange not be designed to permit unfair discrimination 
between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes it's reasonable to assess the proposed fees 
for each of the logical connectivity ports described above as the 
proposed fees enable the Exchange to continue to maintain and improve 
its market technology and services. Additionally, the Exchange notes 
the proposed fees are in line with, and indeed less than, the fees 
assessed on certain of its affiliated exchanges for similar 
connectivity.\13\ The proposed logical connectivity fees are also 
equitable and not unfairly discriminatory because the Exchange will 
apply the same fees to all market participants that use the same 
respective connectivity options.
---------------------------------------------------------------------------

    \13\ See Affiliated Exchange Fee Schedules, Logical Port Fees.
---------------------------------------------------------------------------

    The Exchange also believes it's reasonable, equitable and not 
unfairly discriminatory to prorate physical connectivity fees because 
it provides for a more precise assessment of physical connectivity fees 
based on when a user obtains a new physical port or Disaster Recovery 
physical port. The Exchange believes it's reasonable, equitable and not 
unfairly discriminatory to assess a physical port fee only once if it 
connects with another affiliate exchange because only one port is being 
used and the Exchange does not wish to charge multiple fees for the 
same port. The Exchange believes listing the affiliate exchanges that 
physical ports and Disaster Recovery physical ports can connect to adds 
clarity to the fee schedule and avoids potential confusion. The 
alleviation of confusion removes impediments to and perfects the 
mechanism of a free and open market and a national market system.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange does not 
believe that the proposed change represents a significant departure 
from pricing offered by the Exchange's affiliates. Additionally, 
members may opt to disfavor the Exchange's pricing if they believe that 
alternatives offer them better value. Accordingly, the Exchange does 
not believe that the proposed change will impair the ability of members 
or competing venues to maintain their competitive standing in the 
financial markets. The Exchange believes that fees for connectivity are 
constrained by the robust competition for order flow among exchanges 
and non-exchange markets. Further, excessive fees for connectivity, 
would serve to impair an exchange's ability to compete for order flow 
rather than burdening competition. The Exchange also does not believe 
the proposed rule change would impact intramarket competition as it 
would apply to all members and non-members equally.

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 \14\ and paragraph (f) of Rule 19b-4 \15\ 
thereunder. At any time within 60 days of the filing of the proposed 
rule change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission will institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing,

[[Page 32172]]

including whether the proposed rule change is consistent with the Act. 
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SRb-4CboeEDGX-2018-024 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 SRb-4CboeEDGX-2018-024. 
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 SRb-4CboeEDGX-2018-024 and 
should be submitted on or before August 1, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-14849 Filed 7-10-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               32170                            Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices

                                                  • Send an email to rule-comments@                       SECURITIES AND EXCHANGE                                   forth in Sections A, B, and C below, of
                                               sec.gov. Please include File Number SR–                    COMMISSION                                                the most significant parts of such
                                               CboeEDGX–2018–022 on the subject                                                                                     statements.
                                                                                                          [Release No. 34–83600; File No. SR–
                                               line.                                                      CboeEDGX–2018–024]                                        A. Self-Regulatory Organization’s
                                               Paper Comments                                                                                                       Statement of the Purpose of, and
                                                                                                          Self-Regulatory Organizations; Cboe                       Statutory Basis for, the Proposed Rule
                                                 • Send paper comments in triplicate                      EDGX Exchange, Inc.; Notice of Filing                     Change
                                               to Secretary, Securities and Exchange                      and Immediate Effectiveness of a
                                                                                                          Proposed Rule Change Related to Fees                      1. Purpose
                                               Commission, 100 F Street NE,
                                               Washington, DC 20549–1090.                                 for Use on the Exchange’s Equity                             The Exchange proposes to implement
                                                                                                          Options Platform                                          proposed changes to its fee schedule for
                                               All submissions should refer to File                                                                                 its equity options platform (‘‘EDGX
                                               Number SR–CboeEDGX–2018–022. This                          July 6, 2018.
                                                                                                                                                                    Options’’) relating to logical and
                                               file number should be included on the                         Pursuant to Section 19(b)(1) of the                    physical connectivity fees, effective July
                                               subject line if email is used. To help the                 Securities Exchange Act of 1934 (the                      2, 2018.
                                               Commission process and review your                         ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                          notice is hereby given that on June 29,                   Logical Connectivity
                                               comments more efficiently, please use
                                               only one method. The Commission will                       2018, Cboe EDGX Exchange, Inc. (the                          The Exchange proposes to amend
                                                                                                          ‘‘Exchange’’ or ‘‘EDGX’’) filed with the                  certain logical connectivity fees.
                                               post all comments on the Commission’s
                                                                                                          Securities and Exchange Commission                        Currently, EDGX Options market
                                               internet website (http://www.sec.gov/
                                                                                                          (‘‘Commission’’) the proposed rule                        participants may utilize a variety of
                                               rules/sro.shtml). Copies of the
                                                                                                          change as described in Items I, II and III                logical connectivity ports. A logical port
                                               submission, all subsequent                                 below, which Items have been prepared
                                               amendments, all written statements                                                                                   provides users with the ability within
                                                                                                          by the Exchange. The Exchange has                         the Exchange’s system to accomplish a
                                               with respect to the proposed rule                          designated the proposed rule change as                    specific function through a connection,
                                               change that are filed with the                             one establishing or changing a member                     such as order entry, data receipt, or
                                               Commission, and all written                                due, fee, or other charge imposed by the                  access to information. Currently, with
                                               communications relating to the                             Exchange under Section 19(b)(3)(A)(ii)                    respect to logical port fees, the Exchange
                                               proposed rule change between the                           of the Act 3 and Rule 19b–4(f)(2)                         only assesses a fee for Purge Ports.
                                               Commission and any person, other than                      thereunder,4 which renders the                            Additionally, logical connectivity fees
                                               those that may be withheld from the                        proposed rule change effective upon                       are limited to logical ports in the
                                               public in accordance with the                              filing with the Commission. The                           Exchange’s primary data center and no
                                               provisions of 5 U.S.C. 552, will be                        Commission is publishing this notice to                   logical port fees are assessed for
                                               available for website viewing and                          solicit comments on the proposed rule                     redundant secondary data center ports.
                                               printing in the Commission’s Public                        change from interested persons.                              The Exchange first proposes to adopt
                                               Reference Room, 100 F Street NE,                           I. Self-Regulatory Organization’s                         a $500 per month, per port fee for all
                                               Washington, DC 20549, on official                          Statement of the Terms of Substance of                    logical ports excluding Purge, Multicast
                                               business days between the hours of                         the Proposed Rule Change                                  Pitch Spin Server, GRP and Bulk Ports.5
                                               10:00 a.m. and 3:00 p.m. Copies of the                                                                               The Exchange notes that fees for these
                                               filing also will be available for                             The Exchange filed a proposal to                       excluded ports are explicitly set forth in
                                                                                                          implement proposed changes to its fee                     the Fees Schedule. The Exchange notes
                                               inspection and copying at the principal
                                                                                                          schedule for its equity options platform                  that the proposed fee of $500 per port
                                               office of the Exchange. All comments
                                                                                                          (‘‘EDGX Options’’) relating to logical                    is in line with the fee assessed for
                                               received will be posted without change.
                                                                                                          and physical connectivity fees, effective                 similar ports on BZX Options and C2
                                               Persons submitting comments are                            July 2, 2018.
                                               cautioned that we do not redact or edit                                                                              Options.6
                                                                                                             The text of the proposed rule change                      Next, the Exchange proposes to adopt
                                               personal identifying information from                      is available at the Exchange’s website at                 fees for Multicast PITCH/Spin Server
                                               comment submissions. You should                            www.markets.cboe.com, at the principal                    and GRP ports. Multicast PITCH Spin
                                               submit only information that you wish                      office of the Exchange, and at the                        Server Ports and GRP Ports are used to
                                               to make available publicly. All                            Commission’s Public Reference Room.                       request and receive a retransmission of
                                               submissions should refer to File                                                                                     data from the Exchange’s Multicast
                                               Number SR–CboeEDGX–2018–022 and                            II. Self-Regulatory Organization’s
                                                                                                          Statement of the Purpose of, and                          PITCH data feed. The Exchange’s
                                               should be submitted on or before                                                                                     Multicast PITCH/Top data feed is
                                                                                                          Statutory Basis for, the Proposed Rule
                                               August 1, 2018.                                                                                                      available from two primary feeds,
                                                                                                          Change
                                                 For the Commission, by the Division of                                                                             identified as the ‘‘A feed’’ and the ‘‘C
                                                                                                            In its filing with the Commission, the                  feed’’, which contain the same
                                               Trading and Markets, pursuant to delegated
                                                                                                          Exchange included statements                              information but differ only in the way
                                               authority.11
                                                                                                          concerning the purpose of and basis for                   such feeds are received. The Exchange
                                               Eduardo A. Aleman,                                         the proposed rule change and discussed
                                               Assistant Secretary.
                                                                                                                                                                    also offers two redundant feeds,
                                                                                                          any comments it received on the
                                               [FR Doc. 2018–14848 Filed 7–10–18; 8:45 am]                proposed rule change. The text of these                      5 The Exchange notes that even though Ports with
                                                                                                          statements may be examined at the
daltland on DSKBBV9HB2PROD with NOTICES




                                               BILLING CODE 8011–01–P                                                                                               Bulk Quoting Capabilities (‘‘Bulk Ports’’) already
                                                                                                          places specified in Item IV below. The                    has its own line item in the logical connectivity fees
                                                                                                          Exchange has prepared summaries, set                      table, it’s not explicitly excluded from the general
                                                                                                                                                                    ‘‘Logical Ports’’ line item. The Exchange proposes
                                                                                                                                                                    to add a reference relating to its exclusion to
                                                                                                               1 15 U.S.C. 78s(b)(1).                               maintain clarity in the Fees Schedule.
                                                                                                               2 17 CFR 240.19b–4.                                     6 See Cboe BZX Options Exchange Fee Schedule,
                                                                                                               3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                                                                                    Options Logical Port Fees and Cboe C2 Options
                                                 11 17   CFR 200.30–3(a)(12).                                  4 17 CFR 240.19b–4(f)(2).                            Exchange Fees Schedule, Logical Connectivity Fees.



                                          VerDate Sep<11>2014     16:26 Jul 10, 2018   Jkt 244001   PO 00000     Frm 00099    Fmt 4703    Sfmt 4703   E:\FR\FM\11JYN1.SGM   11JYN1


                                                                            Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices                                              32171

                                               identified as the ‘‘B feed’’ and the ‘‘D                 2. Statutory Basis                                      B. Self-Regulatory Organization’s
                                               feed.’’ The Exchange proposes to adopt                      The Exchange believes the proposed                   Statement on Burden on Competition
                                               a $500 per month, per set fee. All                       rule change is consistent with the                         The Exchange does not believe that
                                               secondary feed Multicast PITCH Spin                      Securities Exchange Act of 1934 (the                    the proposed rule change will impose
                                               Server and GRP Ports will be provided                    ‘‘Act’’) and the rules and regulations                  any burden on competition that is not
                                               for redundancy at no additional cost.                    thereunder applicable to the Exchange                   necessary or appropriate in furtherance
                                               The Exchange notes that the proposed                     and, in particular, the requirements of                 of the purposes of the Act. The
                                               fee is in line with the fee assessed for                 Section 6(b) of the Act.10 Specifically,                Exchange does not believe that the
                                               the same ports on BZX Options and C2                     the Exchange believes the proposed rule                 proposed change represents a significant
                                               Options.7                                                change is consistent with Section 6(b)(4)               departure from pricing offered by the
                                                                                                        of the Act,11 which provides that                       Exchange’s affiliates. Additionally,
                                                  Lastly, the Exchange proposes to
                                                                                                        Exchange rules may provide for the                      members may opt to disfavor the
                                               amend fees for ports with bulk quoting
                                                                                                        equitable allocation of reasonable dues,                Exchange’s pricing if they believe that
                                               capabilities (‘‘Bulk Ports’’). A Bulk Port               fees, and other charges among its Permit                alternatives offer them better value.
                                               is a logical port that provides users with               Holders and other persons using its                     Accordingly, the Exchange does not
                                               the ability to submit bulk messages to                   facilities. Additionally, the Exchange                  believe that the proposed change will
                                               enter, modify or cancel orders                           believes the proposed rule change is                    impair the ability of members or
                                               designated as Post Only Orders,                          consistent with the Section 6(b)(5) 12                  competing venues to maintain their
                                               provided such orders are entered with a                  requirement that the rules of an                        competitive standing in the financial
                                               Time-in-Force of DAY or a Time-in-                       exchange not be designed to permit                      markets. The Exchange believes that
                                               Force of GTD with an expiration time on                  unfair discrimination between                           fees for connectivity are constrained by
                                               that trading day. The Exchange does not                  customers, issuers, brokers, or dealers.                the robust competition for order flow
                                               currently assess fees for Bulk Ports. The                   The Exchange believes it’s reasonable                among exchanges and non-exchange
                                               Exchange now proposes to adopt a                         to assess the proposed fees for each of                 markets. Further, excessive fees for
                                               monthly fee of $600 per port. The                        the logical connectivity ports described                connectivity, would serve to impair an
                                               Exchange notes that the proposed Bulk                    above as the proposed fees enable the                   exchange’s ability to compete for order
                                               Port fee is less than the fee assessed for               Exchange to continue to maintain and                    flow rather than burdening competition.
                                               similar ports on BZX Options and C2                      improve its market technology and                       The Exchange also does not believe the
                                               Options.8                                                services. Additionally, the Exchange                    proposed rule change would impact
                                                                                                        notes the proposed fees are in line with,               intramarket competition as it would
                                               Physical Port Clarification                              and indeed less than, the fees assessed                 apply to all members and non-members
                                                                                                        on certain of its affiliated exchanges for              equally.
                                                  The Exchange next proposes to add                     similar connectivity.13 The proposed
                                               clarifying language relating to its                      logical connectivity fees are also                      C. Self-Regulatory Organization’s
                                               Options Physical Connectivity Fees.                      equitable and not unfairly                              Statement on Comments on the
                                               First, the Exchange proposes to clarify                  discriminatory because the Exchange                     Proposed Rule Change Received From
                                               that all Physical Connectivity Fees will                 will apply the same fees to all market                  Members, Participants or Others
                                               be prorated based on the remaining                       participants that use the same respective                 The Exchange neither solicited nor
                                               trading days in the calendar month. The                  connectivity options.                                   received comments on the proposed
                                               Exchange notes that while this is                           The Exchange also believes it’s                      rule change.
                                               current practice, it is not currently                    reasonable, equitable and not unfairly
                                                                                                                                                                III. Date of Effectiveness of the
                                               codified under the Options Physical                      discriminatory to prorate physical
                                                                                                                                                                Proposed Rule Change and Timing for
                                               Connectivity Fees section (although                      connectivity fees because it provides for
                                                                                                                                                                Commission Action
                                               similar language is found under the                      a more precise assessment of physical
                                               Options Logical Port Fees section). The                  connectivity fees based on when a user                     The foregoing rule change has become
                                               Exchange also proposes to clarify that                   obtains a new physical port or Disaster                 effective pursuant to Section 19(b)(3)(A)
                                                                                                        Recovery physical port. The Exchange                    of the Act 14 and paragraph (f) of Rule
                                               physical ports (other than Disaster
                                                                                                        believes it’s reasonable, equitable and                 19b–4 15 thereunder. At any time within
                                               Recovery physical ports) may be used to
                                                                                                        not unfairly discriminatory to assess a                 60 days of the filing of the proposed rule
                                               connect to C2 Options, Cboe BZX, Cboe
                                                                                                        physical port fee only once if it connects              change, the Commission summarily may
                                               BYX and Cboe EDGA. Disaster Recovery                                                                             temporarily suspend such rule change if
                                               physical ports may be used to connect                    with another affiliate exchange because
                                                                                                        only one port is being used and the                     it appears to the Commission that such
                                               to the Disaster Recovery Systems for C2                                                                          action is necessary or appropriate in the
                                               Options, Cboe BZX, Cboe BYX, Cboe                        Exchange does not wish to charge
                                                                                                        multiple fees for the same port. The                    public interest, for the protection of
                                               EDGA, Cboe Options and CFE.                                                                                      investors, or otherwise in furtherance of
                                                                                                        Exchange believes listing the affiliate
                                               Additionally, the Exchange proposes to                                                                           the purposes of the Act. If the
                                                                                                        exchanges that physical ports and
                                               make clear that Members and non-                                                                                 Commission takes such action, the
                                                                                                        Disaster Recovery physical ports can
                                               Members will only be assessed a single                   connect to adds clarity to the fee                      Commission will institute proceedings
                                               fee for any physical port or Disaster                    schedule and avoids potential                           to determine whether the proposed rule
                                               Recovery physical port that accesses the                 confusion. The alleviation of confusion                 change should be approved or
                                               identified exchanges, respectively. The                  removes impediments to and perfects                     disapproved.
                                               Exchange notes that similar language
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                        the mechanism of a free and open                        IV. Solicitation of Comments
                                               appears in the Fees Schedule of C2                       market and a national market system.
                                               Options.9                                                                                                          Interested persons are invited to
                                                                                                             10 15
                                                                                                                U.S.C. 78f(b).                                  submit written data, views, and
                                                 7 Id.                                                       11 15
                                                                                                                U.S.C. 78f(b)(4).                               arguments concerning the foregoing,
                                                 8 Id.                                                    12 15 U.S.C. 78f(b)(5).
                                                 9 See e.g., Cboe C2 Options Exchange Fees                13 See Affiliated Exchange Fee Schedules, Logical       14 15   U.S.C. 78s(b)(3)(A).
                                               Schedule, Physical Connectivity Fees.                    Port Fees.                                                15 17   CFR 240.19b–4(f).



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                                               32172                        Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices

                                               including whether the proposed rule                        For the Commission, by the Division of                on the proposed rule change. The text
                                               change is consistent with the Act.                       Trading and Markets, pursuant to delegated              of those statements may be examined at
                                               Comments may be submitted by any of                      authority.16                                            the places specified in Item IV below.
                                               the following methods:                                   Eduardo A. Aleman,                                      The Exchange has prepared summaries,
                                                                                                        Assistant Secretary.                                    set forth in sections A, B, and C below,
                                               Electronic Comments                                      [FR Doc. 2018–14849 Filed 7–10–18; 8:45 am]             of the most significant parts of such
                                                                                                                                                                statements.
                                                 • Use the Commission’s internet                        BILLING CODE 8011–01–P

                                               comment form (http://www.sec.gov/                                                                                A. Self-Regulatory Organization’s
                                               rules/sro.shtml); or                                                                                             Statement of the Purpose of, and the
                                                                                                        SECURITIES AND EXCHANGE
                                                 • Send an email to rule-comments@                                                                              Statutory Basis for, the Proposed Rule
                                                                                                        COMMISSION
                                                                                                                                                                Change
                                               sec.gov. Please include File Number
                                                                                                        [Release No. 34–83601; File No. SR–NYSE–
                                               SRb–4CboeEDGX–2018–024 on the                            2018–31]
                                                                                                                                                                1. Purpose
                                               subject line.                                                                                                       The Exchange proposes to amend
                                                                                                        Self-Regulatory Organizations; New                      NYSE Rule 49 to require certain member
                                               Paper Comments
                                                                                                        York Stock Exchange LLC; Notice of                      organizations to participate in
                                                 • Send paper comments in triplicate                    Filing of Proposed Rule Change, as                      scheduled Market-Wide Circuit Breaker
                                               to Secretary, Securities and Exchange                    Modified by Amendment No. 1, To                         (‘‘MWCB’’) testing.
                                               Commission, 100 F Street NE,                             Require Certain Member Organizations                       MWCBs are important, automatic
                                               Washington, DC 20549–1090.                               To Participate in Scheduled Market-                     mechanisms that are invoked to
                                                                                                        Wide Circuit Breaker Testing                            promote stability and investor
                                               All submissions should refer to File                                                                             confidence during a period of
                                               Number SRb–4CboeEDGX–2018–024.                           July 6, 2018.                                           significant stress when securities
                                               This file number should be included on                      Pursuant to Section 19(b)(1) 1 of the                markets experience extreme broad-based
                                               the subject line if email is used. To help               Securities Exchange Act of 1934                         declines. MWCBs are designed to slow
                                               the Commission process and review                        (‘‘Act’’) 2 and Rule 19b–4 thereunder,3                 the effects of extreme price movement
                                               your comments more efficiently, please                   notice is hereby given that, on June 26,                through coordinated trading halts across
                                               use only one method. The Commission                      2018, the New York Stock Exchange                       securities markets when severe price
                                               will post all comments on the                            LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed                declines reach levels that may exhaust
                                               Commission’s internet website (http://                   with the Securities and Exchange                        market liquidity. All U.S. equity and
                                                                                                        Commission (‘‘Commission’’) a                           options exchanges have established
                                               www.sec.gov/rules/sro.shtml). Copies of
                                                                                                        proposed rule change. On July 5, 2018,                  procedures that allow for trading to be
                                               the submission, all subsequent
                                                                                                        the Exchange filed Amendment No. 1 to                   halted, or under extreme circumstances,
                                               amendments, all written statements                       the proposed rule change, as described                  for markets to be closed before the
                                               with respect to the proposed rule                        in Items I, II, and III, below, which Items             normal close of trading for a trading
                                               change that are filed with the                           have been prepared by the Exchange.                     day. MWCBs provide for trading halts in
                                               Commission, and all written                              The Commission is publishing this                       all equities and options markets during
                                               communications relating to the                           notice to solicit comments on the                       a severe market decline as measured by
                                               proposed rule change between the                         proposed rule change, as amended, from                  a single-day decline in the S&P 500
                                               Commission and any person, other than                    interested persons.                                     Index.
                                               those that may be withheld from the                                                                                 Pursuant to NYSE Rule 80B (Trading
                                               public in accordance with the                            I. Self-Regulatory Organization’s
                                                                                                                                                                Halts Due to Extraordinary Market
                                               provisions of 5 U.S.C. 552, will be                      Statement of the Terms of Substance of
                                                                                                                                                                Volatility), a market-wide trading halt
                                                                                                        the Proposed Rule Change
                                               available for website viewing and                                                                                will be triggered if the S&P 500 Index
                                               printing in the Commission’s Public                        The Exchange proposes to require                      declines in price by specified
                                               Reference Room, 100 F Street NE,                         certain member organizations to                         percentages from the prior day’s closing
                                               Washington, DC 20549, on official                        participate in scheduled Market-Wide                    price of that index. Currently, the
                                               business days between the hours of                       Circuit Breaker testing. Amendment                      triggers are set at three circuit breaker
                                               10:00 a.m. and 3:00 p.m. Copies of the                   No.1 supersedes the original filing in its              thresholds: 7% (Level 1), 13% (Level 2)
                                               filing also will be available for                        entirety. The proposed rule change is                   and 20% (Level 3). A market decline
                                               inspection and copying at the principal                  available on the Exchange’s website at                  that triggers a Level 1 or Level 2 circuit
                                               office of the Exchange. All comments                     www.nyse.com, at the principal office of                breaker after 9:30 a.m. ET and before
                                               received will be posted without change.                  the Exchange, and at the Commission’s                   3:25 p.m. ET would halt market-wide
                                                                                                        Public Reference Room.                                  trading for 15 minutes, while a similar
                                               Persons submitting comments are
                                                                                                        II. Self-Regulatory Organization’s                      market decline at or after 3:25 p.m. ET
                                               cautioned that we do not redact or edit
                                                                                                        Statement of the Purpose of, and                        would not halt market-wide trading. A
                                               personal identifying information from
                                                                                                        Statutory Basis for, the Proposed Rule                  market decline that triggers a Level 3
                                               comment submissions. You should
                                                                                                        Change                                                  circuit breaker, at any time during the
                                               submit only information that you wish                                                                            trading day, would halt market-wide
                                               to make available publicly. All                            In its filing with the Commission, the                trading for the remainder of the trading
                                               submissions should refer to File                         self-regulatory organization included                   day.
                                               Number SRb–4CboeEDGX–2018–024                            statements concerning the purpose of,                      The Security [sic] Information
daltland on DSKBBV9HB2PROD with NOTICES




                                               and should be submitted on or before                     and basis for, the proposed rule change                 Processors (‘‘SIP’’) for the U.S. equity
                                               August 1, 2018.                                          and discussed any comments it received                  markets have established a quarterly
                                                                                                                                                                MWCB testing schedule.4 On the
                                                                                                             16 17 CFR 200.30–3(a)(12).
                                                                                                             1 15 U.S.C.78s(b)(1).                                4 See https://www.nyse.com/publicdocs/ctaplan/
                                                                                                             2 15 U.S.C. 78a.
                                                                                                                                                                notifications/trader-update/CTS_CQS%202018_
                                                                                                             3 17 CFR 240.19b–4.                                Failover%20Testing_Q1.pdf.



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Document Created: 2018-07-10 23:53:48
Document Modified: 2018-07-10 23:53:48
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 32170 

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