83_FR_3815 83 FR 3797 - 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

83 FR 3797 - 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 18 (January 26, 2018)

Page Range3797-3799
FR Document2018-01361

Federal Register, Volume 83 Issue 18 (Friday, January 26, 2018)
[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3797-3799]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01361]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82546; File No. SR-CboeBZX-2018-002]


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 19, 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 17, 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

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

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

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

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

1. Purpose
    The Exchange proposes to amend the Market Data section of its fee 
schedule to harmonize the definition of ``Non-Professional User'' with 
that of its affiliates, Cboe and C2. In late 2016, the Exchange and its 
affiliates Cboe EDGA Exchange, Inc. (``EDGA''), Cboe BYX Exchange, Inc. 
(``BYX''), and Cboe 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

[[Page 3798]]

BZX Option's 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

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

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \9\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\ In addition, Rule 
19b-4(f)(6) requires a self-regulatory organization to give the 
Commission written notice of its intent to file the proposed rule 
change, along with a brief description and text of the proposed rule 
change, at least five business days prior to the date of filing of the 
proposed rule change, or such shorter time as designated by the 
Commission. The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

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

    In its filing, the Exchange requested that the Commission waive the 
30-day operative delay in order to enable the Exchange to immediately 
ensure consistent use of terms amongst the Exchange and its affiliates, 
thereby reducing the potential for confusion 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

[[Page 3799]]

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-CboeBZX-2018-002 on the subject line.

Paper Comments

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

All submissions should refer to File Number CboeBZX-2018-002. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549 on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number CboeBZX-2018-002 and should be submitted on 
or before February 16, 2018.
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    \12\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-01361 Filed 1-25-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices                                                   3797

                                               Significantly affect the protection of                     provisions of 5 U.S.C. 552, will be                   solicit comments on the proposed rule
                                               investors or the public interest; (ii)                     available for website viewing and                     change from interested persons.
                                               impose any significant burden on                           printing in the Commission’s Public
                                                                                                                                                                I. Self-Regulatory Organization’s
                                               competition; and (iii) become operative                    Reference Room, 100 F Street NE,
                                                                                                                                                                Statement of the Terms of Substance of
                                               for 30 days from the date on which it                      Washington, DC 20549 on official
                                                                                                                                                                the Proposed Rule Change
                                               was filed, or such shorter time as the                     business days between the hours of
                                               Commission may designate, it has                           10:00 a.m. and 3:00 p.m. Copies of such                  The Exchange filed a proposal to
                                               become effective pursuant to Section                       filing also will be available for                     amend the Market Data section of its fee
                                               19(b)(3)(A) of the Act and Rule 19b–                       inspection and copying at the principal               schedule to harmonize the definition of
                                               4(f)(6) thereunder.23                                      office of the Exchange. All comments                  ‘‘Non-Professional User’’ with that of its
                                                  At any time within 60 days of the                       received will be posted without change.               affiliates, Cboe Exchange, Inc. (‘‘Cboe’’)
                                               filing of such proposed rule change, the                   Persons submitting comments are                       and Cboe C2 Exchange, Inc. (‘‘C2’’).
                                               Commission summarily may                                   cautioned that we do not redact or edit                  The text of the proposed rule change
                                               temporarily suspend such rule change if                    personal identifying information from                 is available at the Exchange’s website at
                                               it appears to the Commission that such                     comment submissions. You should                       www.markets.cboe.com, at the principal
                                               action is necessary or appropriate in the                  submit only information that you wish                 office of the Exchange, and at the
                                               public interest, for the protection of                     to make available publicly. All                       Commission’s Public Reference Room.
                                               investors, or otherwise in furtherance of                  submissions should refer to File
                                               the purposes of the Act.                                   Number SR–NYSE–2018–04, and                           II. Self-Regulatory Organization’s
                                                                                                          should be submitted on or before                      Statement of the Purpose of, and
                                               IV. Solicitation of Comments                                                                                     Statutory Basis for, the Proposed Rule
                                                                                                          February 16, 2018.
                                                 Interested persons are invited to                                                                              Change
                                                                                                            For the Commission, by the Division of
                                               submit written data, views, and
                                                                                                          Trading and Markets, pursuant to delegated              In its filing with the Commission, the
                                               arguments concerning the foregoing,                        authority.24
                                               including whether the proposed rule                                                                              Exchange included statements
                                                                                                          Eduardo A. Aleman,                                    concerning the purpose of and basis for
                                               change is consistent with the Act.
                                               Comments may be submitted by any of                        Assistant Secretary.                                  the proposed rule change and discussed
                                               the following methods:                                     [FR Doc. 2018–01420 Filed 1–25–18; 8:45 am]           any comments it received on the
                                                                                                          BILLING CODE 8011–01–P                                proposed rule change. The text of these
                                               Electronic Comments                                                                                              statements may be examined at the
                                                 • Use the Commission’s internet                                                                                places specified in Item IV below. The
                                               comment form (http://www.sec.gov/                          SECURITIES AND EXCHANGE                               Exchange has prepared summaries, set
                                               rules/sro.shtml); or                                       COMMISSION                                            forth in Sections A, B, and C below, of
                                                 • Send an email to rule-comments@                                                                              the most significant parts of such
                                               sec.gov. Please include File Number SR–                    [Release No. 34–82546; File No. SR–                   statements.
                                                                                                          CboeBZX–2018–002]
                                               NYSE–2018–04 on the subject line.                                                                                A. Self-Regulatory Organization’s
                                               Paper Comments                                             Self-Regulatory Organizations; Cboe                   Statement of the Purpose of, and
                                                                                                          BZX Exchange, Inc.; Notice of Filing                  Statutory Basis for, the Proposed Rule
                                                 • Send paper comments in triplicate
                                                                                                          and Immediate Effectiveness of a                      Change
                                               to Secretary, Securities and Exchange
                                                                                                          Proposed Rule Change To Harmonize
                                               Commission, 100 F Street NE,                                                                                     1. Purpose
                                                                                                          the Definition of Non-Professional User
                                               Washington, DC 20549–1090.
                                                                                                          in Its Fee Schedule With That of Its                     The Exchange proposes to amend the
                                               All submissions should refer to File                       Affiliates                                            Market Data section of its fee schedule
                                               Number SR–NYSE–2018–04. This file                                                                                to harmonize the definition of ‘‘Non-
                                               number should be included on the                           January 19, 2018.
                                                                                                                                                                Professional User’’ with that of its
                                               subject line if email is used. To help the                    Pursuant to Section 19(b)(1) of the                affiliates, Cboe and C2. In late 2016, the
                                               Commission process and review your                         Securities Exchange Act of 1934 (the                  Exchange and its affiliates Cboe EDGA
                                               comments more efficiently, please use                      ‘‘Act’’),1 and Rule 19b–4 thereunder,2                Exchange, Inc. (‘‘EDGA’’), Cboe BYX
                                               only one method. The Commission will                       notice is hereby given that on January                Exchange, Inc. (‘‘BYX’’), and Cboe
                                               post all comments on the Commission’s                      17, 2018, Cboe BZX Exchange, Inc. (the                EDGX Exchange, Inc. (‘‘EDGX’’)
                                               internet website (http://www.sec.gov/                      ‘‘Exchange’’ or ‘‘BZX’’) filed with the               received approval to effect a merger (the
                                               rules/sro.shtml). Copies of the                            Securities and Exchange Commission                    ‘‘Merger’’) of the Exchange’s parent
                                               submission, all subsequent                                 (the ‘‘Commission’’) the proposed rule                company, Bats Global Markets, Inc., the
                                               amendments, all written statements                         change as described in Items I and II                 parent of EDGA, EDGX, BYX, and BZX
                                               with respect to the proposed rule                          below, which Items have been prepared                 with CBOE Holding, Inc. (now known as
                                               change that are filed with the                             by the Exchange. The Exchange has                     Cboe Global Markets, Inc.) the parent
                                               Commission, and all written                                designated this proposal as a ‘‘non-                  company of Cboe and C2.5 In order to
                                               communications relating to the                             controversial’’ proposed rule change                  provide consistent rules and
                                               proposed rule change between the                           pursuant to Section 19(b)(3)(A) of the                terminology amongst the Exchange,
                                               Commission and any person, other than                      Act 3 and Rule 19b–4(f)(6)(iii)                       Cboe, and C2, the Exchange proposes to
                                               those that may be withheld from the                        thereunder,4 which renders it effective               amend the definition of ‘‘Non-
                                               public in accordance with the                              upon filing with the Commission. The
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                                Professional User’’ to harmonize it with
                                                                                                          Commission is publishing this notice to               that of its affiliates, Cboe and C2. The
                                                 23 In addition, Rule 19b–4(f)(6)(iii) requires a self-

                                               regulatory organization to give the Commission               24 17 CFR 200.30–3(a)(12).
                                               written notice of its intent to file the proposed rule       1 15
                                                                                                                                                                  5 See Securities Exchange Act Release No. 79585

                                               change at least five business days prior to the date              U.S.C. 78s(b)(1).                              (December 16, 2016), 82 FR 6961 (December 22,
                                                                                                            2 17 CFR 240.19b–4.
                                               of filing of the proposed rule change, or such                                                                   2016) (SR–BatsEDGX–2016–60; SR–BatsEDGA–
                                                                                                            3 15 U.S.C. 78s(b)(3)(A).
                                               shorter time as designated by the Commission. The                                                                2016–24; SR–BatsBYX–2017–29; and SR–BatsBYX–
                                               Exchange has satisfied this requirement.                     4 17 CFR 240.19b–4(f)(6)(iii).                      2016–68).



                                          VerDate Sep<11>2014    20:14 Jan 25, 2018   Jkt 244001   PO 00000    Frm 00125   Fmt 4703   Sfmt 4703   E:\FR\FM\26JAN1.SGM   26JAN1


                                               3798                           Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices

                                               BZX Option’s fee schedule currently                     product would be deemed a qualifying                     B. Self-Regulatory Organization’s
                                               defines ‘‘Non-Professional User’’ as:                   trust and, therefore, has not had to                     Statement on Burden on Competition
                                               a natural person who is not: (i) registered or          determine whether such entity is a
                                                                                                                                                                  The Exchange does not believe that
                                               qualified in any capacity with the                      Professional or Non-Professional User
                                               Commission, the Commodity Futures
                                                                                                                                                                the proposed rule change will result in
                                                                                                       under the prior definition. Second, the
                                               Trading Commission, any state securities                                                                         any burden on competition that is not
                                                                                                       harmonized definition would specify
                                               agency, any securities exchange or                                                                               necessary or appropriate in furtherance
                                                                                                       that a natural person who works outside                  of the purposes of the Act, as amended.
                                               association, or any commodities or futures
                                               contract market or association; (ii) engaged as         of the United States would not be                        The harmonized definition of Non-
                                               an ‘‘investment adviser’’ as that term is               deemed a Non-Professional User where                     Professional User would have no impact
                                               defined in Section 202(a)(11) of the                    that person does not perform the same                    on competition because it does not
                                               Investment Advisers Act of 1940 (whether or             functions as would disqualify such                       materially alter the definition.
                                               not registered or qualified under that Act); or         person as a Non-Professional User if he
                                               (iii) employed by a bank or other                                                                                C. Self-Regulatory Organization’s
                                                                                                       or she worked in the United States. The
                                               organization exempt from registration under                                                                      Statement on Comments on the
                                               federal or state securities laws to perform             definition with regard to natural persons
                                                                                                       who work in the United States are                        Proposed Rule Change Received From
                                               functions that would require registration or
                                                                                                       substantively identical amongst the old                  Members, Participants, or Others
                                               qualification if such functions were
                                               performed for an organization not so exempt.            and harmonized definition.                                 The Exchange has neither solicited
                                                As amended, ‘‘Non-Professional User’’                    None of these differences impact the                   nor received written comments on the
                                               would be defined as:                                    manner in which the Exchange would                       proposed rule change.
                                               a natural person or qualifying trust that uses          characterize a User and a Professional or                III. Date of Effectiveness of the
                                               Data only for personal purposes and not for             Non-Professional. The harmonized                         Proposed Rule Change and Timing for
                                               any commercial purpose and, for a natural               definition would provide additional                      Commission Action
                                               person who works in the United States, is               specificity while harmonizing the
                                               not: (i) registered or qualified in any capacity                                                                   Because the foregoing proposed rule
                                               with the Securities and Exchange                        definition with that of its affiliates.
                                                                                                       Doing so would ensure consistent terms                   change does not: (i) Significantly affect
                                               Commission, the Commodities Futures
                                               Trading Commission, any state securities                amongst the Exchange and its affiliates,                 the protection of investors or the public
                                               agency, any securities exchange or                      thereby reducing the potential for                       interest; (ii) impose any significant
                                               association, or any commodities or futures              confusion amongst market data                            burden on competition; and (iii) become
                                               contract market or association; (ii) engaged as                                                                  operative for 30 days from the date on
                                                                                                       subscribers regarding the type of User
                                               an ‘‘investment adviser’’ as that term is                                                                        which it was filed, or such shorter time
                                               defined in Section 202(a)(11) of the                    they may be considered by the
                                                                                                                                                                as the Commission may designate, it has
                                               Investment Advisors Act of 1940 (whether or             Exchange.
                                                                                                                                                                become effective pursuant to Section
                                               not registered or qualified under that Act); or                                                                  19(b)(3)(A)(iii) of the Act 9 and
                                                                                                       2. Statutory Basis
                                               (iii) employed by a bank or other
                                                                                                                                                                subparagraph (f)(6) of Rule 19b–4
                                               organization exempt from registration under                The Exchange believes that the
                                               federal or state securities laws to perform                                                                      thereunder.10 In addition, Rule 19b–
                                               functions that would require registration or            proposed rule change is consistent with                  4(f)(6) requires a self-regulatory
                                               qualification if such functions were                    the objectives of Section 6 of the Act,7                 organization to give the Commission
                                               performed for an organization not so exempt;            in general, and furthers the objectives of               written notice of its intent to file the
                                               or, for a natural person who works outside              Section 6(b)(5) of the Act 8 in particular,              proposed rule change, along with a brief
                                               of the United States, does not perform the              in that it is designed to promote just and               description and text of the proposed
                                               same functions as would disqualify such                 equitable principles of trade, to foster                 rule change, at least five business days
                                               person as a Non-Professional User if he or                                                                       prior to the date of filing of the
                                                                                                       cooperation and coordination with
                                               she worked in the United States.
                                                                                                       persons engaged in facilitating                          proposed rule change, or such shorter
                                                 The revised definition is substantially               transactions in securities, to remove                    time as designated by the Commission.
                                               identical to the definition of ‘‘Non-                   impediments to and perfect the                           The Exchange has satisfied this
                                               Professional User’ included within the                  mechanism of a free and open market                      requirement.
                                               Cboe and C2 fee schedules.6 The                         and a national market system and, in                       In its filing, the Exchange requested
                                               Exchange’s current definition of ‘‘Non-                                                                          that the Commission waive the 30-day
                                                                                                       general, to protect investors and the
                                               Professional User’’ does differ from that                                                                        operative delay in order to enable the
                                                                                                       public interest. The harmonized
                                               contained in the Cboe and C2 fee                                                                                 Exchange to immediately ensure
                                                                                                       definition of Non-Professional User is
                                               schedules in following minor, non-                                                                               consistent use of terms amongst the
                                               substantive ways. First, the harmonized                 equitable, reasonable, and removes
                                                                                                       impediments to and perfect the                           Exchange and its affiliates, thereby
                                               definition will make clear that a Non-                                                                           reducing the potential for confusion
                                               Professional User may be a natural                      mechanism of a free and open market
                                                                                                       and a national market system it would                    amongst market data subscribers
                                               person or qualifying trust that uses Data                                                                        regarding the type of User they may be
                                               only for personal purposes and not for                  provide additional specificity while
                                                                                                       harmonizing the definition with that of                  considered by the Exchange. The
                                               any commercial purpose. To date, the                                                                             Commission believes that such waiver is
                                               Exchange is not aware of any entity that                its affiliates. Doing so would ensure
                                                                                                                                                                consistent with the protection of
                                               receives an Exchange market data                        consistent terms amongst the Exchange
                                                                                                                                                                investors and the public interest.
                                                                                                       and its affiliates, thereby reducing the                 Therefore, the Commission designates
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                                                 6 See the Cboe fee schedule available at https://     potential for confusion amongst market                   the proposed rule change to be operative
                                               www.cboe.org/general-info/pdfframed?content=/           data subscribers regarding the type of
                                               publish/mdxfees/cboe-cds-fees-schedule-for-cboe-                                                                 upon filing. For purposes only of
                                               datafeeds.pdf&section=SEC_MDX_CSM&title=                User they may be considered by the                       waiving the 30-day operative delay, the
                                               Cboe%20CDS%20Fees%20Schedule and the C2 fee             Exchange.                                                Commission has also considered the
                                               schedule available at https://www.cboe.org/general-
                                               info/pdfframed?content=/publish/mdxfees/c2-cds-
                                                                                                         7 15   U.S.C. 78f.                                       9 15
                                               fees-schedule.pdf&section=SEC_MDX_CSM&title=                                                                              U.S.C. 78s(b)(3)(A)(iii).
                                               C2%20CDS%20Fees%20Schedule.                               8 15   U.S.C. 78f(b)(5).                                 10 17   CFR 240.19b–4(f)(6).



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                                                                                 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices                                                 3799

                                               proposed rule’s impact on efficiency,                      office of the Exchange. All comments                   excluding verbal interest above the first
                                               competition, and capital formation.11                      received will be posted without change.                750,000 average daily volume (‘‘ADV’’)
                                                  At any time within 60 days of the                       Persons submitting comments are                        of aggregate executions at the close; (4)
                                               filing of the proposed rule change, the                    cautioned that we do not redact or edit                introduce a Tier 4 Adding Credit; (5)
                                               Commission summarily may                                   personal identifying information from                  introduce tiered trading license fees;
                                               temporarily suspend such rule change if                    comment submissions. You should                        and (6) make certain non-substantive
                                               it appears to the Commission that such                     submit only information that you wish                  organizational and clarifying changes,
                                               action is: (i) Necessary or appropriate in                 to make available publicly. All                        including grouping fees for all
                                               the public interest; (ii) for the protection               submissions should refer to File                       executions at the close together. The
                                               of investors; or (iii) otherwise in                        Number CboeBZX–2018–002 and                            Exchange proposes to implement these
                                               furtherance of the purposes of the Act.                    should be submitted on or before                       changes to its Price List effective
                                               If the Commission takes such action, the                   February 16, 2018.                                     January 8, 2018.4 The proposed rule
                                               Commission shall institute proceedings                       For the Commission, by the Division of               change is available on the Exchange’s
                                               to determine whether the proposed rule                     Trading and Markets, pursuant to delegated             website at www.nyse.com, at the
                                               should be approved or disapproved.                         authority.12                                           principal office of the Exchange, and at
                                               IV. Solicitation of Comments                               Eduardo A. Aleman,                                     the Commission’s Public Reference
                                                                                                          Assistant Secretary.                                   Room.
                                                 Interested persons are invited to
                                                                                                          [FR Doc. 2018–01361 Filed 1–25–18; 8:45 am]            II. Self-Regulatory Organization’s
                                               submit written data, views, and
                                               arguments concerning the foregoing,                        BILLING CODE 8011–01–P                                 Statement of the Purpose of, and
                                               including whether the proposed rule                                                                               Statutory Basis for, the Proposed Rule
                                               change is consistent with the Act.                                                                                Change
                                                                                                          SECURITIES AND EXCHANGE
                                               Comments may be submitted by any of                                                                                 In its filing with the Commission, the
                                                                                                          COMMISSION
                                               the following methods:                                                                                            self-regulatory organization included
                                                                                                          [Release No. 34–82563; File No. SR–NYSE–
                                               Electronic Comments                                        2018–03]                                               statements concerning the purpose of,
                                                 • Use the Commission’s internet                                                                                 and basis for, the proposed rule change
                                               comment form (http://www.sec.gov/                          Self-Regulatory Organizations; New                     and discussed any comments it received
                                               rules/sro.shtml); or                                       York Stock Exchange LLC; Notice of                     on the proposed rule change. The text
                                                 • Send an email to rule-comments@                        Filing and Immediate Effectiveness of                  of those statements may be examined at
                                               sec.gov. Please include File Number SR–                    Proposed Rule Change To Amend Its                      the places specified in Item IV below.
                                               CboeBZX–2018–002 on the subject line.                      Price List                                             The Exchange has prepared summaries,
                                                                                                                                                                 set forth in sections A, B, and C below,
                                               Paper Comments                                             January 22, 2018.                                      of the most significant parts of such
                                                  • Send paper comments in triplicate                        Pursuant to Section 19(b)(1) 1 of the               statements.
                                               to Secretary, Securities and Exchange                      Securities Exchange Act of 1934 (the
                                                                                                          ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                 A. Self-Regulatory Organization’s
                                               Commission, 100 F Street NE,                                                                                      Statement of the Purpose of, and the
                                               Washington, DC 20549–1090.                                 notice is hereby given that, on January
                                                                                                          8, 2018, New York Stock Exchange LLC                   Statutory Basis for, the Proposed Rule
                                               All submissions should refer to File                                                                              Change
                                                                                                          (‘‘NYSE’’ or the ‘‘Exchange’’) filed with
                                               Number CboeBZX–2018–002. This file
                                                                                                          the Securities and Exchange                            1. Purpose
                                               number should be included on the
                                                                                                          Commission (‘‘SEC’’ or ‘‘Commission’’)
                                               subject line if email is used. To help the                                                                          The Exchange proposes to amend its
                                                                                                          the proposed rule change as described
                                               Commission process and review your                                                                                Price List to (1) revise the Non-Tier
                                                                                                          in Items I, II, and III below, which Items
                                               comments more efficiently, please use                                                                             Adding Credit; (2) modify the MOC and
                                                                                                          have been prepared by the Exchange.
                                               only one method. The Commission will                                                                              LOC tier and non-tier rates and add a
                                                                                                          The Commission is publishing this
                                               post all comments on the Commission’s                                                                             Floor broker MOC fee; (3) modify the fee
                                                                                                          notice to solicit comments on the
                                               internet website (http://www.sec.gov/                                                                             for executions at the close (except MOC,
                                                                                                          proposed rule change from interested
                                               rules/sro.shtml). Copies of the                                                                                   LOC and CO Orders), and Floor broker
                                                                                                          persons.
                                               submission, all subsequent                                                                                        executions swept into the close,
                                               amendments, all written statements                         I. Self-Regulatory Organization’s                      excluding verbal interest above the first
                                               with respect to the proposed rule                          Statement of the Terms of Substance of                 750,000 average daily volume (‘‘ADV’’)
                                               change that are filed with the                             the Proposed Rule Change                               of aggregate executions at the close; (4)
                                               Commission, and all written                                   The Exchange proposes to amend its                  introduce a Tier 4 Adding Credit; (5)
                                               communications relating to the                             Price List for equity transactions in                  introduce tiered trading license fees;
                                               proposed rule change between the                           stocks with a per share stock price of                 and (6) make certain non-substantive
                                               Commission and any person, other than                      $1.00 or more to (1) revise the Non-Tier               organizational and clarifying changes,
                                               those that may be withheld from the                        Adding Credit; (2) modify the market at-               including grouping fees for all
                                               public in accordance with the                              the-close (‘‘MOC’’) and limit at-the-close             executions at the close together.
                                               provisions of 5 U.S.C. 552, will be                        (‘‘LOC’’) tier and non-tier rates and add                The proposed changes would only
                                               available for website viewing and                          a new Floor broker MOC fee; (3) modify                 apply to fees and credits in transactions
                                               printing in the Commission’s Public                        the fee for executions at the close                    in securities priced $1.00 or more.
                                               Reference Room, 100 F Street NE,                           (except MOC, LOC and Closing Offset
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                                                                                                                                                                   The Exchange proposes to implement
                                               Washington, DC 20549 on official                           (‘‘CO’’) Orders), and Floor broker                     these changes to its Price List effective
                                               business days between the hours of                         executions swept into the close,                       January 8, 2018.
                                               10:00 a.m. and 3:00 p.m. Copies of the
                                               filing also will be available for                            12 17 CFR 200.30–3(a)(12).                             4 The Exchange originally filed to amend the
                                               inspection and copying at the principal                      1 15 U.S.C. 78s(b)(1).                               Price List on December 28, 2017 (SR–NYSE–2017–
                                                                                                            2 15 U.S.C. 78a.
                                                                                                                                                                 73). SR–NYSE–2017–73 was subsequently
                                                 11 See   15 U.S.C. 78c(f).                                 3 17 CFR 240.19b–4.                                  withdrawn and replaced by this filing.



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Document Created: 2018-10-26 10:04:13
Document Modified: 2018-10-26 10:04:13
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 3797 

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