83 FR 3233 - 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)
Federal Register Volume 83, Issue 15 (January 23, 2018)
| Page Range | 3233-3235 | |
| FR Document | 2018-01090 |
[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)] [Notices] [Pages 3233-3235] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01090] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82519; File No. SR- CboeEDGX-2018-002] 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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 applicable to its equity options platform (``EDGX Options'') 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 applicable to EDGX Options 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 [[Page 3234]] ``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-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). --------------------------------------------------------------------------- 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 [[Page 3235]] 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 CommentsUse 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-2018-002 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-2018-002. 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 CboeEDGX-2018-002 and should be submitted on or before February 13, 2018. --------------------------------------------------------------------------- \12\ 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\12\ Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-01090 Filed 1-22-18; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices 3233
III. Date of Effectiveness of the Advance comments more efficiently, please use ‘‘Exchange’’ or ‘‘EDGX’’) filed with the
Notice and Timing for Commission only one method. The Commission will Securities and Exchange Commission
Action post all comments on the Commission’s (the ‘‘Commission’’) the proposed rule
The proposed change may be internet website (http://www.sec.gov/ change as described in Items I and II
implemented if the Commission does rules/sro.shtml). Copies of the below, which Items have been prepared
not object to the proposed change submission, all subsequent by the Exchange. The Exchange has
within 60 days of the later of (i) the date amendments, all written statements designated this proposal as a ‘‘non-
the proposed change was filed with the with respect to the advance notice that controversial’’ proposed rule change
are filed with the Commission, and all pursuant to Section 19(b)(3)(A) of the
Commission or (ii) the date any
written communications relating to the Act 3 and Rule 19b–4(f)(6)(iii)
additional information requested by the
advance notice between the thereunder,4 which renders it effective
Commission is received. OCC shall not
Commission and any person, other than upon filing with the Commission. The
implement the proposed change if the
those that may be withheld from the Commission is publishing this notice to
Commission has any objection to the
public in accordance with the solicit comments on the proposed rule
proposed change.
provisions of 5 U.S.C. 552, will be change from interested persons.
The Commission may extend the
period for review by an additional 60 available for website viewing and I. Self-Regulatory Organization’s
days if the proposed change raises novel printing in the Commission’s Public Statement of the Terms of Substance of
or complex issues, subject to the Reference Room, 100 F Street NE, the Proposed Rule Change
Commission providing the clearing Washington, DC 20549 on official
business days between the hours of The Exchange filed a proposal to
agency with prompt written notice of amend the Market Data section of its fee
the extension. A proposed change may 10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for schedule applicable to its equity options
be implemented in less than 60 days platform (‘‘EDGX Options’’) to
from the date the advance notice is inspection and copying at the principal
office of OCC and on OCC’s website at harmonize the definition of ‘‘Non-
filed, or the date further information Professional User’’ with that of its
requested by the Commission is https://www.theocc.com/components/
docs/legal/rules_and_bylaws/sr_occ_17_ affiliates, Cboe Exchange, Inc. (‘‘Cboe’’)
received, if the Commission notifies the and Cboe C2 Exchange, Inc. (‘‘C2’’).
clearing agency in writing that it does 810.pdf.
The text of the proposed rule change
not object to the proposed change and All comments received will be posted
is available at the Exchange’s website at
authorizes the clearing agency to without change. Persons submitting
www.markets.cboe.com, at the principal
implement the proposed change on an comments are cautioned that we do not
office of the Exchange, and at the
earlier date, subject to any conditions redact or edit personal identifying
Commission’s Public Reference Room.
imposed by the Commission. information from comment submissions.
OCC shall post notice on its website You should submit only information II. Self-Regulatory Organization’s
of proposed changes that are that you wish to make available Statement of the Purpose of, and
implemented. publicly. Statutory Basis for, the Proposed Rule
The proposal shall not take effect All submissions should refer to File Change
until all regulatory actions required Number SR–OCC–2017–810 and should In its filing with the Commission, the
with respect to the proposal are be submitted on or before February 13, Exchange included statements
completed. 2018. concerning the purpose of and basis for
By the Commission. the proposed rule change and discussed
IV. Solicitation of Comments any comments it received on the
Eduardo A. Aleman,
Interested persons are invited to Assistant Secretary. proposed rule change. The text of these
submit written data, views and [FR Doc. 2018–01071 Filed 1–22–18; 8:45 am]
statements may be examined at the
arguments concerning the foregoing, places specified in Item IV below. The
BILLING CODE 8011–01–P
including whether the advance notice is Exchange has prepared summaries, set
consistent with the Clearing forth in Sections A, B, and C below, of
Supervision Act. Comments may be SECURITIES AND EXCHANGE the most significant parts of such
submitted by any of the following COMMISSION statements.
methods: A. Self-Regulatory Organization’s
[Release No. 34–82519; File No. SR–
Electronic Comments CboeEDGX–2018–002] Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
• Use the Commission’s internet Change
Self-Regulatory Organizations; CBOE
comment form (http://www.sec.gov/
EDGX Exchange, Inc.; Notice of Filing 1. Purpose
rules/sro.shtml); or
and Immediate Effectiveness of a
• Send an email to rule-comments@ The Exchange proposes to amend the
Proposed Rule Change To Harmonize
sec.gov. Please include File Number SR– Market Data section of its fee schedule
the Definition of Non-Professional User
OCC–2017–810 on the subject line. applicable to EDGX Options to
in Its Fee Schedule With That of Its
Paper Comments Affiliates harmonize the definition of ‘‘Non-
Professional User’’ with that of its
• Send paper comments in triplicate January 17, 2018. affiliates, Cboe and C2. In late 2016, the
to Brent J. Fields, Secretary, Securities
sradovich on DSK3GMQ082PROD with NOTICES
Pursuant to Section 19(b)(1) of the Exchange and its affiliates Cboe EDGA
and Exchange Commission, 100 F Street Securities Exchange Act of 1934 (the Exchange, Inc. (‘‘EDGA’’), Cboe BYX
NE, Washington, DC 20549. ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Exchange, Inc. (‘‘BYX’’), and Cboe BZX
All submissions should refer to File notice is hereby given that on January 8, Exchange, Inc. (‘‘BZX’’) received
Number SR–OCC–2017–810. This file 2018, Cboe EDGX Exchange, Inc. (the approval to effect a merger (the
number should be included on the
subject line if email is used. To help the 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78s(b)(3)(A).
Commission process and review your 2 17 CFR 240.19b–4. 4 17 CFR 240.19b–4(f)(6)(iii).
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![Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices 3235
amongst market data subscribers Commission and any person, other than I. Self-Regulatory Organization’s
regarding the type of User they may be those that may be withheld from the Statement of the Terms of Substance of
considered by the Exchange. The public in accordance with the the Proposed Rule Change
Commission believes that such waiver is provisions of 5 U.S.C. 552, will be The Exchange proposes to amend
consistent with the protection of available for website viewing and GEMX Rule 805 to permit Market
investors and the public interest. printing in the Commission’s Public Makers 3 to enter additional order types
Therefore, the Commission designates Reference Room, 100 F Street NE, in the options classes to which they are
the proposed rule change to be operative Washington, DC 20549 on official appointed.
upon filing. For purposes only of business days between the hours of
waiving the 30-day operative delay, the 10:00 a.m. and 3:00 p.m. Copies of the * * * * *
Commission has also considered the filing also will be available for Nasdaq GEMX Rulebook
proposed rule’s impact on efficiency, inspection and copying at the principal
competition, and capital formation.11 * * * * *
office of the Exchange. All comments
At any time within 60 days of the received will be posted without change. Rule 805. Market Maker Orders
filing of the proposed rule change, the Persons submitting comments are
Commission summarily may (a) Options Classes to Which
cautioned that we do not redact or edit Appointed. Market makers may enter all
temporarily suspend such rule change if personal identifying information from
it appears to the Commission that such order types defined in Rule 715 in the
comment submissions. You should options classes to which they are
action is: (i) Necessary or appropriate in submit only information that you wish
the public interest; (ii) for the protection appointed under Rule 802, except
to make available publicly. All Stopped Orders, Reserve Orders and
of investors; or (iii) otherwise in submissions should refer to File
furtherance of the purposes of the Act. Customer Cross Orders.[not place
Number CboeEDGX–2018–002 and principal orders to buy or sell options
If the Commission takes such action, the should be submitted on or before
Commission shall institute proceedings in the options classes to which they are
February 13, 2018. appointed under Rule 802, other than
to determine whether the proposed rule
For the Commission, by the Division of opening only orders, immediate-or-
should be approved or disapproved. Trading and Markets, pursuant to delegated cancel orders, market orders, fill-or-kill
IV. Solicitation of Comments authority.12 orders, sweep orders, and block-size
Eduardo A. Aleman, orders executed through the Block
Interested persons are invited to
submit written data, views, and Assistant Secretary. Order Mechanism pursuant to Rule
arguments concerning the foregoing, [FR Doc. 2018–01090 Filed 1–22–18; 8:45 am] 716(c).] Competitive Market Makers
including whether the proposed rule BILLING CODE 8011–01–P shall comply with the provisions of
change is consistent with the Act. Rule 804(e)(2)(iii) upon the entry of
Comments may be submitted by any of such orders if they were not previously
the following methods: SECURITIES AND EXCHANGE quoting in the series.
COMMISSION (b) Options Classes Other Than Those
Electronic Comments to Which Appointed.
• Use the Commission’s internet [Release No. 34–82516; File No. SR–GEMX– (1) A market maker may enter all
comment form (http://www.sec.gov/ 2018–01] order types permitted to be entered by
rules/sro.shtml); or non-customer participants under the
• Send an email to rule-comments@ Self-Regulatory Organizations; Nasdaq Rules to buy or sell options in classes
sec.gov. Please include File Number SR– GEMX, LLC; Notice of Filing and of options listed on the Exchange to
CboeEDGX–2018–002 on the subject Immediate Effectiveness of Proposed which the market maker is not
line. Rule Change Relating to Market Maker appointed under Rule 802, except for
Orders Reserve Orders, provided that:
Paper Comments
(i) and (ii) No change.
• Send paper comments in triplicate January 17, 2018.
(2) and (3) No change.
to Secretary, Securities and Exchange Pursuant to Section 19(b)(1) of the
* * * * *
Commission, 100 F Street NE, Securities Exchange Act of 1934
Washington, DC 20549–1090. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 II. Self-Regulatory Organization’s
All submissions should refer to File notice is hereby given that on January 5, Statement of the Purpose of, and
Number CboeEDGX–2018–002. This file 2018, Nasdaq GEMX, LLC (‘‘GEMX’’ or Statutory Basis for, the Proposed Rule
number should be included on the ‘‘Exchange’’) filed with the Securities Change
subject line if email is used. To help the and Exchange Commission In its filing with the Commission, the
Commission process and review your (‘‘Commission’’) the proposed rule Exchange included statements
comments more efficiently, please use change as described in Items I and II concerning the purpose of and basis for
only one method. The Commission will below, which Items have been prepared the proposed rule change and discussed
post all comments on the Commission’s by the Exchange. The Commission is any comments it received on the
internet website (http://www.sec.gov/ publishing this notice to solicit proposed rule change. The text of these
rules/sro.shtml). Copies of the comments on the proposed rule change statements may be examined at the
submission, all subsequent from interested persons. places specified in Item IV below. The
sradovich on DSK3GMQ082PROD with NOTICES
amendments, all written statements The text of the proposed rule change Exchange has prepared summaries, set
with respect to the proposed rule is set forth below. Proposed new forth in sections A, B, and C below, of
change that are filed with the language is italicized; deleted text is in the most significant aspects of such
Commission, and all written [brackets]. statements.
communications relating to the
proposed rule change between the 12 17 CFR 200.30–3(a)(12). 3 Market Makers refers to ‘‘Competitive Market
1 15 U.S.C. 78s(b)(1). Makers’’ and ‘‘Primary Market Makers’’ collectively.
11 See 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4. See GEMX Rule 100(a)(25).
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Document Created: 2018-01-23 01:08:59
Document Modified: 2018-01-23 01:08:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 83 FR 3233 |
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