83_FR_3255 83 FR 3240 - Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Harmonize the Definition of Non-Professional User in Its Fee Schedule With That of Its Affiliates

83 FR 3240 - Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Harmonize the Definition of Non-Professional User in Its Fee Schedule With That of Its Affiliates

SECURITIES AND EXCHANGE COMMISSION

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

Page Range3240-3242
FR Document2018-01086

Federal Register, Volume 83 Issue 15 (Tuesday, January 23, 2018)
[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Notices]
[Pages 3240-3242]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01086]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82512; File No. SR-CboeBYX-2018-001]


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

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

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

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

[[Page 3241]]

the most significant parts of such statements.

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

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

[[Page 3242]]

subparagraph (f)(6) of Rule 19b-4 thereunder.\10\ In addition, Rule 
19b-4(f)(6) requires a self-regulatory organization to give the 
Commission written notice of its intent to file the proposed rule 
change, along with a brief description and text of the proposed rule 
change, at least five business days prior to the date of filing of the 
proposed rule change, or such shorter time as designated by the 
Commission. The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

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

    In its filing, the Exchange requested that the Commission waive the 
30-day operative delay in order to enable the Exchange to immediately 
ensure consistent use of terms amongst the Exchange and its affiliates, 
thereby reducing the potential for confusion amongst market data 
subscribers regarding the type of User they may be considered by the 
Exchange. The Commission believes that such waiver is consistent with 
the protection of investors and the public interest. Therefore, the 
Commission designates the proposed rule change to be operative upon 
filing. For purposes only of waiving the 30-day operative delay, the 
Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation.\11\
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    \11\ See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

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

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number CboeBYX-2018-001. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and 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 CboeBYX-2018-001 and should be submitted on 
or before February 13, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-01086 Filed 1-22-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                3240                          Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices

                                                2017, the Commission extended the                       Commission extended the time period                    SECURITIES AND EXCHANGE
                                                time period for Commission action on                    for approving or disapproving the                      COMMISSION
                                                all of the Systems Retirement Proposals                 proposed rule changes, as modified by
                                                                                                                                                               [Release No. 34–82512; File No. SR–
                                                to August 30, 2017.15                                   the respective amendments thereto, for                 CboeBYX–2018–001]
                                                   On August 24, 2017, BOX submitted                    an additional 60 days until January 27,
                                                Amendment No. 1 to its proposed rule                    2018.21                                                Self-Regulatory Organizations; Cboe
                                                change, IEX submitted Amendment No.                                                                            BYX Exchange, Inc.; Notice of Filing
                                                1 to its proposed rule change, PEARL                      On January 9, 2018, MIAX and PEAL
                                                                                                        withdrew their proposed rule changes                   and Immediate Effectiveness of a
                                                submitted Amendment No. 2 to its                                                                               Proposed Rule Change To Harmonize
                                                proposed rule change,16 and MIAX                        (File Numbers SR–MIAX–2017–20; SR–
                                                                                                        PEARL–2017–23). On January 10, 2018,                   the Definition of Non-Professional User
                                                submitted Amendment No. 3 to its                                                                               in Its Fee Schedule With That of Its
                                                proposed rule change.17 On August 25,                   Bats BZX, Bats EDGX, C2, CBOE, and
                                                                                                                                                               Affiliates
                                                2017, Bats BZX submitted Amendment                      IEX withdrew their proposed rule
                                                No. 1 to its proposed rule change, Bats                 changes (File Numbers SR–BatsBZX–                      January 17, 2018.
                                                EDGX submitted Amendment No. 1 to                       2017–37; SR–BatsEDGX–2017–23; SR–                         Pursuant to Section 19(b)(1) of the
                                                its proposed rule change, BX submitted                  C2–2017–018; SR–CBOE–2017–041;                         Securities Exchange Act of 1934 (the
                                                Amendment No. 2 to its proposed rule                    SR–IEX–2017–18). On January 11, 2018,                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                change, C2 submitted Amendment No. 1                    BOX withdrew its proposed rule change                  notice is hereby given that on January 8,
                                                to its proposed rule change, CBOE                       (File Number SR–BOX–2017–17). On                       2018, Cboe BYX Exchange, Inc. (the
                                                submitted Amendment No. 1 to its                        January 12, 2018, FINRA, ISE,                          ‘‘Exchange’’ or ‘‘BYX’’) filed with the
                                                proposed rule change, FINRA submitted                   NASDAQ, BX, and Phlx withdrew their                    Securities and Exchange Commission
                                                Amendment No. 1 to its proposed rule                    proposed rule changes (File Numbers                    (the ‘‘Commission’’) the proposed rule
                                                change, ISE submitted Amendment No.                     SR–FINRA–2017–013; SR–ISE–2017–46;                     change as described in Items I and II
                                                2 to its proposed rule change, NASDAQ                   SR–NASDAQ–2017–055; SR–BX–2017–                        below, which Items have been prepared
                                                submitted Amendment No. 2 to its                        027; SR–PHLX–2017–43). On January                      by the Exchange. The Exchange has
                                                proposed rule change, NYSE submitted                    16, 2018, NYSE withdrew its proposed                   designated this proposal as a ‘‘non-
                                                Amendment No. 1 to its proposed rule                    rule change (File Number SR–NYSE–                      controversial’’ proposed rule change
                                                change, NYSE Arca submitted                             2017–23), and NYSE Arca and NYSE                       pursuant to Section 19(b)(3)(A) of the
                                                Amendment No. 1 to each of its                                                                                 Act 3 and Rule 19b–4(f)(6)(iii)
                                                                                                        MKT each withdrew both of their
                                                proposed rule changes, NYSE MKT                                                                                thereunder,4 which renders it effective
                                                                                                        proposed rule changes (File Numbers
                                                submitted Amendment No. 1 to each of                                                                           upon filing with the Commission. The
                                                its proposed rule changes, and Phlx                     SR–NYSEArca–017–57; SR–NYSEArca–
                                                                                                                                                               Commission is publishing this notice to
                                                submitted Amendment No. 2 to its                        2017–59; SR–NYSEMKT–2017–29; SR–                       solicit comments on the proposed rule
                                                proposed rule change.                                   NYSEMKT–2017–30).                                      change from interested persons.
                                                   On August 30, 2017, the Commission                     For the Commission, by the Division of
                                                instituted proceedings under Section                                                                           I. Self-Regulatory Organization’s
                                                                                                        Trading and Markets, pursuant to delegated
                                                19(b)(2)(B) of the Act 18 to determine                                                                         Statement of the Terms of Substance of
                                                                                                        authority.22
                                                whether to approve or disapprove the                                                                           the Proposed Rule Change
                                                                                                        Eduardo A. Aleman,
                                                proposed rule changes, as modified by                                                                             The Exchange filed a proposal to
                                                                                                        Assistant Secretary.
                                                the respective amendments thereto.19                                                                           amend the Market Data section of its fee
                                                                                                        [FR Doc. 2018–01095 Filed 1–22–18; 8:45 am]
                                                Since then, the Commission has                                                                                 schedule to harmonize the definition of
                                                received nine additional comment                        BILLING CODE 8011–01–P                                 ‘‘Non-Professional User’’ with that of its
                                                letters on the proposed rule changes,                                                                          affiliates, Cboe Exchange, Inc. (‘‘Cboe’’)
                                                including a response from FINRA and a                                                                          and Cboe C2 Exchange, Inc. (‘‘C2’’).
                                                response from the CAT NMS Plan                                                                                    The text of the proposed rule change
                                                Operating Committee Chair on behalf of                                                                         is available at the Exchange’s website at
                                                Bats BZX, Bats EDGX, BOX, C2, CBOE,                                                                            www.markets.cboe.com, at the principal
                                                IEX, ISE, MIAX, NASDAQ, BX, Phlx,                                                                              office of the Exchange, and at the
                                                NYSE, NYSE Arca, NYSE MKT, and                                                                                 Commission’s Public Reference Room.
                                                PEARL.20 On November 21, 2017, the                                                                             II. Self-Regulatory Organization’s
                                                  15 See Securities Exchange Act Release No. 81145,
                                                                                                                                                               Statement of the Purpose of, and
                                                82 FR 33533 (July 20, 2017).                            Director and Associate General Counsel, SIFMA,         Statutory Basis for, the Proposed Rule
                                                  16 PEARL filed Amendment No. 1 to its proposed        dated September 29, 2017; Brant K. Brown,              Change
                                                rule change on August 22, 2017. On August 24,           Associate General Counsel, FINRA, dated October
                                                2017, PEARL withdrew Amendment No. 1 and                11, 2017; William H. Herbert, Managing Director,         In its filing with the Commission, the
                                                replaced it with Amendment No. 2.                       FIF, dated November 2, 2017; Michael Simon, CAT        Exchange included statements
                                                  17 MIAX filed Amendment No. 1 to its proposed         NMS Plan Operating Committee Chair, dated              concerning the purpose of and basis for
                                                rule change on August 22, 2017 and withdrew and         November 2, 2017; and Manisha Kimmel, Chief            the proposed rule change and discussed
                                                replaced it with Amendment No. 2 on the same day.       Regulatory Officer, Wealth Management, Thomson         any comments it received on the
                                                On August 24, 2017, MIAX withdrew Amendment             Reuters, dated December 18, 2017. An eighth letter
                                                No. 2 and replaced it with Amendment No. 3.                                                                    proposed rule change. The text of these
                                                                                                        in response to the OIP requested additional time to
                                                  18 15 U.S.C. 78s(b)(2)(B).
                                                                                                        submit comments on the proposed rule changes.
                                                                                                                                                               statements may be examined at the
sradovich on DSK3GMQ082PROD with NOTICES




                                                  19 See Securities Exchange Act Release No. 81499,
                                                                                                        See letter from William H. Herbert, Managing           places specified in Item IV below. The
                                                82 FR 42168 (September 6, 2017) (‘‘OIP’’).              Director, FIF, dated September 27, 2017. The ninth     Exchange has prepared summaries, set
                                                  20 Seven substantive comment letters were
                                                                                                        comment letter was submitted solely to File            forth in Sections A, B, and C below, of
                                                submitted in response to the OIP. See letters from      Number SR–Phlx–2017–43. See letter from Michael
                                                Manisha Kimmel, Chief Regulatory Officer, Wealth
                                                                                                        Kitlas, dated November 14, 2017.                         1 15 U.S.C. 78s(b)(1).
                                                Management, Thomson Reuters, dated September
                                                                                                          21 See Securities Exchange Act Release No. 82135,      2 17
                                                27, 2017; William H. Herbert, Managing Director,                                                                      CFR 240.19b–4.
                                                FIF, dated September 29, 2017; Ellen Greene,            82 FR 56287 (November 28, 2017).                         3 15 U.S.C. 78s(b)(3)(A).

                                                Managing Director and Theodore R. Lazo, Managing          22 17 CFR 200.30–3(a)(12).                             4 17 CFR 240.19b–4(f)(6)(iii).




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                                                                              Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices                                             3241

                                                the most significant parts of such                      defined in Section 202(a)(11) of the                   2. Statutory Basis
                                                statements.                                             Investment Advisors Act of 1940 (whether or
                                                                                                        not registered or qualified under that Act); or           The Exchange believes that the
                                                A. Self-Regulatory Organization’s                       (iii) employed by a bank or other                      proposed rule change is consistent with
                                                Statement of the Purpose of, and                        organization exempt from registration under            the objectives of Section 6 of the Act,7
                                                Statutory Basis for, the Proposed Rule                  federal or state securities laws to perform            in general, and furthers the objectives of
                                                Change                                                  functions that would require registration or           Section 6(b)(5) of the Act 8 in particular,
                                                                                                        qualification if such functions were                   in that it is designed to promote just and
                                                1. Purpose                                              performed for an organization not so exempt;           equitable principles of trade, to foster
                                                   The Exchange proposes to amend the                   or, for a natural person who works outside
                                                                                                        of the United States, does not perform the
                                                                                                                                                               cooperation and coordination with
                                                Market Data section of its fee schedule                                                                        persons engaged in facilitating
                                                                                                        same functions as would disqualify such
                                                to harmonize the definition of ‘‘Non-                   person as a Non-Professional User if he or             transactions in securities, to remove
                                                Professional User’’ with that of its                    she worked in the United States.                       impediments to and perfect the
                                                affiliate, Cboe and C2. In late 2016, the                                                                      mechanism of a free and open market
                                                Exchange and its affiliates Cboe EDGA                     The revised definition is substantially
                                                                                                                                                               and a national market system and, in
                                                Exchange, Inc. (‘‘EDGA’’), Cboe EDGX                    identical to the definition of ‘‘Non-
                                                                                                                                                               general, to protect investors and the
                                                Exchange, Inc. (‘‘EDGX’’), and Cboe BZX                 Professional User’’ included within the
                                                                                                                                                               public interest. The harmonized
                                                Exchange, Inc. (‘‘BZX’’) received                       Cboe and C2 fee schedules.6 The
                                                                                                                                                               definition of Non-Professional User is
                                                approval to effect a merger (the                        Exchange’s current definition of ‘‘Non-
                                                                                                                                                               equitable, reasonable, and removes
                                                ‘‘Merger’’) of the Exchange’s parent                    Professional User’’ does differ from that
                                                                                                                                                               impediments to and perfect the
                                                company, Bats Global Markets, Inc., the                 contained in the Cboe and C2 fee
                                                                                                                                                               mechanism of a free and open market
                                                parent of EDGA, EDGX, BYX, and BZX                      schedules in following minor, non-
                                                                                                                                                               and a national market system it would
                                                with CBOE Holding, Inc. (now known as                   substantive ways. First, the harmonized
                                                                                                                                                               provide additional specificity while
                                                Cboe Global Markets, Inc.) the parent                   definition will make clear that a Non-
                                                                                                                                                               harmonizing the definition with that of
                                                company of Cboe and C2.5 In order to                    Professional User may be a natural
                                                                                                                                                               its affiliates. Doing so would ensure
                                                provide consistent rules and                            person or qualifying trust that uses Data
                                                                                                                                                               consistent terms amongst the Exchange
                                                terminology amongst the Exchange,                       only for personal purposes and not for
                                                                                                                                                               and its affiliates, thereby reducing the
                                                Cboe, and C2, the Exchange proposes to                  any commercial purpose. To date, the
                                                                                                                                                               potential for confusion amongst market
                                                amend the definition of ‘‘Non-                          Exchange is not aware of any entity that
                                                                                                                                                               data subscribers regarding the type of
                                                Professional User’’ to harmonize it with                receives an Exchange market data
                                                                                                                                                               User they may be considered by the
                                                that of its affiliates, Cboe Exchange, Inc.             product would be deemed a qualifying
                                                                                                                                                               Exchange.
                                                (‘‘Cboe’’) and Cboe C2 Exchange, Inc.                   trust and, therefore, has not had to
                                                (‘‘C2’’). The Exchange fee schedule                     determine whether such entity is a                     B. Self-Regulatory Organization’s
                                                currently defines ‘‘Non-Professional                    Professional or Non-Professional User                  Statement on Burden on Competition
                                                User’’ as:                                              under the prior definition. Second, the
                                                                                                                                                                 The Exchange does not believe that
                                                                                                        harmonized definition would specify
                                                a natural person who is not: (i) registered or                                                                 the proposed rule change will result in
                                                                                                        that a natural person who works outside
                                                qualified in any capacity with the                                                                             any burden on competition that is not
                                                Commission, the Commodity Futures
                                                                                                        of the United States would not be
                                                                                                                                                               necessary or appropriate in furtherance
                                                Trading Commission, any state securities                deemed a Non-Professional User where
                                                                                                                                                               of the purposes of the Act, as amended.
                                                agency, any securities exchange or                      that person does not perform the same
                                                                                                                                                               The harmonized definition of Non-
                                                association, or any commodities or futures              functions as would disqualify such
                                                contract market or association; (ii) engaged as
                                                                                                                                                               Professional User would have no impact
                                                                                                        person as a Non-Professional User if he
                                                an ‘‘investment adviser’’ as that term is                                                                      on competition because it does not
                                                                                                        or she worked in the United States. The
                                                defined in Section 202(a)(11) of the                                                                           materially alter the definition.
                                                                                                        definition with regard to natural persons
                                                Investment Advisers Act of 1940 (whether or
                                                                                                        who work in the United States are                      C. Self-Regulatory Organization’s
                                                not registered or qualified under that Act); or
                                                (iii) employed by a bank or other                       substantively identical amongst the old                Statement on Comments on the
                                                organization exempt from registration under             and harmonized definition.                             Proposed Rule Change Received From
                                                federal or state securities laws to perform               None of these differences impact the                 Members, Participants, or Others
                                                functions that would require registration or            manner in which the Exchange would
                                                qualification if such functions were
                                                                                                                                                                 The Exchange has neither solicited
                                                                                                        characterize a User and a Professional or
                                                performed for an organization not so exempt.                                                                   nor received written comments on the
                                                                                                        Non-Professional. The harmonized
                                                                                                                                                               proposed rule change.
                                                As amended, ‘‘Non-Professional User’’                   definition would provide additional
                                                would be defined as:                                    specificity while harmonizing the                      III. Date of Effectiveness of the
                                                a natural person or qualifying trust that uses
                                                                                                        definition with that of its affiliates.                Proposed Rule Change and Timing for
                                                Data only for personal purposes and not for             Doing so would ensure consistent terms                 Commission Action
                                                any commercial purpose and, for a natural               amongst the Exchange and its affiliates,
                                                                                                                                                                 Because the foregoing proposed rule
                                                person who works in the United States, is               thereby reducing the potential for
                                                                                                                                                               change does not: (i) Significantly affect
                                                not: (i) registered or qualified in any capacity        confusion amongst market data
                                                with the Securities and Exchange
                                                                                                                                                               the protection of investors or the public
                                                                                                        subscribers regarding the type of User
                                                Commission, the Commodities Futures                                                                            interest; (ii) impose any significant
                                                                                                        they may be considered by the
                                                Trading Commission, any state securities                                                                       burden on competition; and (iii) become
                                                                                                        Exchange.
                                                agency, any securities exchange or                                                                             operative for 30 days from the date on
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                                                association, or any commodities or futures                6 See the Cboe fee schedule available at https://
                                                                                                                                                               which it was filed, or such shorter time
                                                contract market or association; (ii) engaged as                                                                as the Commission may designate, it has
                                                                                                        www.cboe.org/general-info/pdfframed?content=/
                                                an ‘‘investment adviser’’ as that term is               publish/mdxfees/cboe-cds-fees-schedule-for-cboe-       become effective pursuant to Section
                                                                                                        datafeeds.pdf&section=SEC_MDX_CSM&title=               19(b)(3)(A)(iii) of the Act 9 and
                                                  5 See Securities Exchange Act Release No. 79585       Cboe%20CDS%20Fees%20Schedule and the C2 fee
                                                (December 16, 2016), 82 FR 6961 (December 22,           schedule available at https://www.cboe.org/general-
                                                                                                                                                                 7 15 U.S.C. 78f.
                                                2016) (SR–BatsEDGX–2016–60; SR–BatsEDGA–                info/pdfframed?content=/publish/mdxfees/c2-cds-
                                                                                                                                                                 8 15 U.S.C. 78f(b)(5).
                                                2016–24; SR–BatsBYX–2017–29; and SR–BatsBYX–            fees-schedule.pdf&section=SEC_MDX_CSM&title=
                                                2016–68).                                               C2%20CDS%20Fees%20Schedule.                              9 15 U.S.C. 78s(b)(3)(A)(iii).




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                                                3242                             Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices

                                                subparagraph (f)(6) of Rule 19b–4                         Paper Comments                                          SECURITIES AND EXCHANGE
                                                thereunder.10 In addition, Rule 19b–                                                                              COMMISSION
                                                4(f)(6) requires a self-regulatory                          • Send paper comments in triplicate
                                                                                                          to Secretary, Securities and Exchange                   [Release No. 34–82517; File No. SR–
                                                organization to give the Commission                                                                               CboeBZX–2018–003]
                                                written notice of its intent to file the                  Commission, 100 F Street NE,
                                                proposed rule change, along with a brief                  Washington, DC 20549–1090.                              Self-Regulatory Organizations; Cboe
                                                description and text of the proposed                      All submissions should refer to File                    BZX Exchange, Inc.; Notice of Filing
                                                rule change, at least five business days                  Number CboeBYX–2018–001. This file                      and Immediate Effectiveness of a
                                                prior to the date of filing of the                        number should be included on the                        Proposed Rule Change To Harmonize
                                                proposed rule change, or such shorter                     subject line if email is used. To help the              the Definition of Non-Professional User
                                                time as designated by the Commission.                     Commission process and review your                      in Its Fee Schedule With That of Its
                                                The Exchange has satisfied this                           comments more efficiently, please use                   Affiliates
                                                requirement.                                              only one method. The Commission will                    January 17, 2018.
                                                   In its filing, the Exchange requested                  post all comments on the Commission’s                      Pursuant to Section 19(b)(1) of the
                                                that the Commission waive the 30-day                      internet website (http://www.sec.gov/                   Securities Exchange Act of 1934 (the
                                                operative delay in order to enable the                    rules/sro.shtml). Copies of the                         ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                Exchange to immediately ensure                            submission, all subsequent                              notice is hereby given that on January 8,
                                                consistent use of terms amongst the                       amendments, all written statements                      2018, Cboe BZX Exchange, Inc. (the
                                                Exchange and its affiliates, thereby                      with respect to the proposed rule                       ‘‘Exchange’’ or ‘‘BZX’’) filed with the
                                                reducing the potential for confusion                      change that are filed with the                          Securities and Exchange Commission
                                                amongst market data subscribers                           Commission, and all written                             (the ‘‘Commission’’) the proposed rule
                                                regarding the type of User they may be                    communications relating to the                          change as described in Items I and II
                                                considered by the Exchange. The                           proposed rule change between the                        below, which Items have been prepared
                                                Commission believes that such waiver is                   Commission and any person, other than                   by the Exchange. The Exchange has
                                                consistent with the protection of                         those that may be withheld from the                     designated this proposal as a ‘‘non-
                                                investors and the public interest.                                                                                controversial’’ proposed rule change
                                                                                                          public in accordance with the
                                                Therefore, the Commission designates                                                                              pursuant to Section 19(b)(3)(A) of the
                                                                                                          provisions of 5 U.S.C. 552, will be
                                                the proposed rule change to be operative                                                                          Act 3 and Rule 19b–4(f)(6)(iii)
                                                                                                          available for website viewing and
                                                upon filing. For purposes only of                                                                                 thereunder,4 which renders it effective
                                                                                                          printing in the Commission’s Public
                                                waiving the 30-day operative delay, the                                                                           upon filing with the Commission. The
                                                Commission has also considered the                        Reference Room, 100 F Street NE,
                                                                                                          Washington, DC 20549 on official                        Commission is publishing this notice to
                                                proposed rule’s impact on efficiency,                                                                             solicit comments on the proposed rule
                                                competition, and capital formation.11                     business days between the hours of
                                                                                                                                                                  change from interested persons.
                                                                                                          10:00 a.m. and 3:00 p.m. Copies of the
                                                   At any time within 60 days of the                      filing also will be available for                       I. Self-Regulatory Organization’s
                                                filing of the proposed rule change, the                   inspection and copying at the principal                 Statement of the Terms of Substance of
                                                Commission summarily may                                  office of the Exchange. All comments                    the Proposed Rule Change
                                                temporarily suspend such rule change if
                                                                                                          received will be posted without change.                    The Exchange filed a proposal to
                                                it appears to the Commission that such
                                                                                                          Persons submitting comments are                         amend the Market Data section of its fee
                                                action is: (i) Necessary or appropriate in
                                                                                                          cautioned that we do not redact or edit                 schedule applicable to its equity options
                                                the public interest; (ii) for the protection
                                                of investors; or (iii) otherwise in                       personal identifying information from                   platform (‘‘BZX Options’’) to harmonize
                                                furtherance of the purposes of the Act.                   comment submissions. You should                         the definition of ‘‘Non-Professional
                                                If the Commission takes such action, the                  submit only information that you wish                   User’’ with that of its affiliates, Cboe
                                                Commission shall institute proceedings                    to make available publicly. All                         Exchange, Inc. (‘‘Cboe’’) and Cboe C2
                                                to determine whether the proposed rule                    submissions should refer to File                        Exchange, Inc. (‘‘C2’’).
                                                                                                          Number CboeBYX–2018–001 and                                The text of the proposed rule change
                                                should be approved or disapproved.
                                                                                                          should be submitted on or before                        is available at the Exchange’s website at
                                                IV. Solicitation of Comments                              February 13, 2018.                                      www.markets.cboe.com, at the principal
                                                                                                                                                                  office of the Exchange, and at the
                                                  Interested persons are invited to                         For the Commission, by the Division of                Commission’s Public Reference Room.
                                                submit written data, views, and                           Trading and Markets, pursuant to delegated
                                                arguments concerning the foregoing,                       authority.12                                            II. Self-Regulatory Organization’s
                                                including whether the proposed rule                       Eduardo A. Aleman,                                      Statement of the Purpose of, and
                                                change is consistent with the Act.                                                                                Statutory Basis for, the Proposed Rule
                                                                                                          Assistant Secretary.
                                                Comments may be submitted by any of                                                                               Change
                                                                                                          [FR Doc. 2018–01086 Filed 1–22–18; 8:45 am]
                                                the following methods:                                    BILLING CODE 8011–01–P
                                                                                                                                                                    In its filing with the Commission, the
                                                                                                                                                                  Exchange included statements
                                                Electronic Comments                                                                                               concerning the purpose of and basis for
                                                  • Use the Commission’s internet                                                                                 the proposed rule change and discussed
                                                comment form (http://www.sec.gov/                                                                                 any comments it received on the
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                                                rules/sro.shtml); or                                                                                              proposed rule change. The text of these
                                                                                                                                                                  statements may be examined at the
                                                  • Send an email to rule-comments@                                                                               places specified in Item IV below. The
                                                sec.gov. Please include File Number SR–
                                                CboeBYX–2018–001 on the subject line.                                                                               1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                    2 17 CFR 240.19b–4.
                                                  10 17   CFR 240.19b–4(f)(6).                                                                                      3 15 U.S.C. 78s(b)(3)(A).
                                                  11 See   15 U.S.C. 78c(f).                                12 17   CFR 200.30–3(a)(12).                            4 17 CFR 240.19b–4(f)(6)(iii).




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Document Created: 2018-01-23 01:09:04
Document Modified: 2018-01-23 01:09:04
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 3240 

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