83 FR 3242 - Self-Regulatory Organizations; Cboe BZX 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 | 3242-3244 | |
| FR Document | 2018-01088 |
[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)] [Notices] [Pages 3242-3244] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01088] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82517; File No. SR-CboeBZX-2018-003] Self-Regulatory Organizations; Cboe BZX 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 BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') 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 (``BZX 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 [[Page 3243]] 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 BZX 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 EDGX Exchange, Inc. (``EDGX'') received approval to effect a merger (the ``Merger'') of the Exchange's parent company, Bats Global Markets, Inc., the parent of EDGA, EDGX, BYX, and BZX with CBOE Holding, Inc. (now known as Cboe Global Markets, Inc.) the parent company of Cboe and C2.\5\ In order to provide consistent rules and terminology amongst the Exchange, Cboe, and C2, the Exchange proposes to amend the definition of ``Non- Professional User'' to harmonize it with that of its affiliates, Cboe and C2. The BZX 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 [[Page 3244]] subparagraph (f)(6) of Rule 19b-4 thereunder.\10\ In addition, Rule 19b-4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement. --------------------------------------------------------------------------- \9\ 15 U.S.C. 78s(b)(3)(A)(iii). \10\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- In its filing, the Exchange requested that the Commission waive the 30-day operative delay in order to enable the Exchange to immediately ensure consistent use of terms amongst the Exchange and its affiliates, thereby reducing the potential for confusion amongst market data subscribers regarding the type of User they may be considered by the Exchange. The Commission believes that such waiver is consistent with the protection of investors and the public interest. Therefore, the Commission designates the proposed rule change to be operative upon filing. For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule's impact on efficiency, competition, and capital formation.\11\ --------------------------------------------------------------------------- \11\ See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is: (i) Necessary or appropriate in the public interest; (ii) for the protection of investors; or (iii) otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic 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-CboeBZX-2018-003 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 CboeBZX-2018-003. 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 CboeBZX-2018-003 and should be submitted on or before February 13, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\12\ --------------------------------------------------------------------------- \12\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-01088 Filed 1-22-18; 8:45 am] BILLING CODE 8011-01-P
![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
sradovich on DSK3GMQ082PROD with NOTICES
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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![3244 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
organization to give the Commission to Secretary, Securities and Exchange
[Release No. 34–82513; File No. SR–OCC–
written notice of its intent to file the Commission, 100 F Street NE,
2017–809]
proposed rule change, along with a brief Washington, DC 20549–1090.
description and text of the proposed All submissions should refer to File Self-Regulatory Organizations; The
rule change, at least five business days Number CboeBZX–2018–003. This file Options Clearing Corporation; Notice
prior to the date of filing of the number should be included on the of Filing of Advance Notice
proposed rule change, or such shorter subject line if email is used. To help the Concerning Enhanced and New Tools
time as designated by the Commission. Commission process and review your for Recovery Scenarios
The Exchange has satisfied this comments more efficiently, please use
requirement. January 17, 2018.
only one method. The Commission will
In its filing, the Exchange requested post all comments on the Commission’s Pursuant to Section 806(e)(1) of Title
that the Commission waive the 30-day internet website (http://www.sec.gov/ VIII of the Dodd-Frank Wall Street
operative delay in order to enable the rules/sro.shtml). Copies of the Reform and Consumer Protection Act,
Exchange to immediately ensure submission, all subsequent entitled Payment, Clearing and
consistent use of terms amongst the amendments, all written statements Settlement Supervision Act of 2010
Exchange and its affiliates, thereby with respect to the proposed rule (‘‘Clearing Supervision Act’’) 1 and Rule
reducing the potential for confusion 19b–4(n)(1)(i) under the Securities
change that are filed with the
amongst market data subscribers Exchange Act of 1934 (‘‘Act’’),2 notice is
Commission, and all written
regarding the type of User they may be hereby given that on December 8, 2017,
communications relating to the
considered by the Exchange. The The Options Clearing Corporation
proposed rule change between the (‘‘OCC’’) filed with the Securities and
Commission believes that such waiver is Commission and any person, other than
consistent with the protection of Exchange Commission (‘‘Commission’’)
those that may be withheld from the an advance notice as described in Items
investors and the public interest.
public in accordance with the I, II and III below, which Items have
Therefore, the Commission designates
provisions of 5 U.S.C. 552, will be been prepared by OCC. The Commission
the proposed rule change to be operative
available for website viewing and is publishing this notice to solicit
upon filing. For purposes only of
printing in the Commission’s Public comments on the advance notice from
waiving the 30-day operative delay, the
Commission has also considered the Reference Room, 100 F Street NE, interested persons.
proposed rule’s impact on efficiency, Washington, DC 20549 on official
business days between the hours of I. Clearing Agency’s Statement of the
competition, and capital formation.11 Terms of Substance of the Advance
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 Notice
filing of the proposed rule change, the inspection and copying at the principal
Commission summarily may This advance notice is filed in
office of the Exchange. All comments connection with a proposed change to
temporarily suspend such rule change if
received will be posted without change. make certain revisions to OCC’s Rules
it appears to the Commission that such
Persons submitting comments are and By-Laws to enhance OCC’s existing
action is: (i) Necessary or appropriate in
cautioned that we do not redact or edit tools to address the risks of liquidity
the public interest; (ii) for the protection
of investors; or (iii) otherwise in personal identifying information from shortfalls and credit losses and to
furtherance of the purposes of the Act. comment submissions. You should establish new tools by which OCC could
If the Commission takes such action, the submit only information that you wish re-establish a matched book following a
Commission shall institute proceedings to make available publicly. All default. Each of the tools proposed
to determine whether the proposed rule submissions should refer to File herein is contemplated to be deployed
should be approved or disapproved. Number CboeBZX–2018–003 and by OCC in an extreme stress event that
should be submitted on or before has placed OCC into a recovery or
IV. Solicitation of Comments February 13, 2018. orderly wind-down scenario.
Interested persons are invited to For the Commission, by the Division of The proposed changes to OCC’s By-
submit written data, views, and Trading and Markets, pursuant to delegated Laws and Rules were submitted as
arguments concerning the foregoing, authority.12 Exhibits 5A and 5B of the filing, and
including whether the proposed rule Eduardo A. Aleman, proposed changes to OCC’s Default
change is consistent with the Act. Management Policy were submitted as
Assistant Secretary.
Comments may be submitted by any of confidential Exhibit 5C of the filing.3
[FR Doc. 2018–01088 Filed 1–22–18; 8:45 am]
the following methods: The proposed change is described in
BILLING CODE 8011–01–P detail in Item II below. All terms with
Electronic Comments initial capitalization not defined herein
have the same meaning as set forth in
• Use the Commission’s internet OCC’s By-Laws and Rules.4
comment form (http://www.sec.gov/
sradovich on DSK3GMQ082PROD with NOTICES
rules/sro.shtml); or 1 12U.S.C. 5465(e)(1).
• Send an email to rule-comments@ 2 17CFR 240.19b–4(n)(1)(i).
sec.gov. Please include File Number SR– 3 OCC has filed a proposed rule change with the
CboeBZX–2018–003 on the subject line. Commission in connection with the proposed
change. See SR–OCC–2017–017.
4 OCC’s By-Laws and Rules can be found on
10 17 CFR 240.19b–4(f)(6). OCC’s public website: http://optionsclearing.com/
11 See 15 U.S.C. 78c(f). 12 17 CFR 200.30–3(a)(12). about/publications/bylaws.jsp.
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Document Created: 2018-01-23 01:08:52
Document Modified: 2018-01-23 01:08:52
| 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 3242 |
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