83_FR_40528 83 FR 40371 - Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 1.5 Definitions and Exchange Rule 14.1 Unlisted Trading Privileges

83 FR 40371 - Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 1.5 Definitions and Exchange Rule 14.1 Unlisted Trading Privileges

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 157 (August 14, 2018)

Page Range40371-40373
FR Document2018-17394

Federal Register, Volume 83 Issue 157 (Tuesday, August 14, 2018)
[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Pages 40371-40373]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17394]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83798; File No. SR-CboeBYX-2018-013]


Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Exchange Rule 1.5 Definitions and Exchange Rule 14.1 Unlisted Trading 
Privileges

August 8, 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 July 25, 2018, Cboe BYX Exchange, Inc. (the ``Exchange'' or 
``BYX'') filed with the Securities and Exchange Commission 
(``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 Rule 1.5(c), which defines 
the After Hours Trading Session, to allow trading until 8:00 p.m. ET.
    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 offers four distinct trading sessions where the 
Exchange accepts orders for potential execution: (1) The ``Early 
Trading Session,'' which begins at 7:00 a.m. Eastern Time (``ET'') and 
continues until 8:00 a.m. ET,\5\ (2) the ``Pre-Opening Session,'' which 
begins at 8:00 a.m. ET and continues until 9:30 a.m. ET,\6\ (3) 
``Regular Trading Hours,'' which begin at 9:30 a.m. ET and continue 
until 4:00 p.m. ET,\7\ and (4) the ``After Hours Trading Session,'' 
which begins at 4:00 p.m. ET and continues until 5:00 p.m. ET.\8\ Users 
\9\ may designate when their orders are eligible for execution by 
selecting their desired Time-in-Force instruction.\10\
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    \5\ ``Early Trading Session'' means the time between 7:00 a.m. 
and 8:00 a.m. ET. See Rule 1.5(ee).
    \6\ ``Pre-Opening Session'' means the time between 8:00 a.m. and 
9:30 a.m. ET. See Rule 1.5(r).
    \7\ ``Regular Trading Hours'' means the time between 9:30 a.m. 
and 4:00 p.m. ET. See Rule 1.5(w).
    \8\ ``After Hours Trading Session'' means the time between 4:00 
p.m. and 5:00 p.m. ET. See Rule 1.5(c).
    \9\ ``User'' means any Member or Sponsored Participant who is 
authorized to obtain access to the System pursuant to Rule 11.3. See 
Rule 1.5(cc).
    \10\ See Rule 11.9(b).
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    The purpose of the proposed rule change is to amend Rule 1.5(c), 
which defines the After Hours Trading Session, to allow trading until 
8:00 p.m. ET, consistent with the hours currently available on the 
Exchange's affiliates Cboe EDGX Exchange, Inc. (``EDGX'') and Cboe EDGA 
Exchange, Inc. (``EDGA'').\11\ The After Hours Trading

[[Page 40372]]

Session will continue to begin after Regular Trading Hours end at 4:00 
p.m. ET but instead of ending at 5:00 p.m. ET, as is the case today, 
will now be available until 8:00 p.m. ET similar to the EGDX and EDGA 
markets. Rule 11.1(a), which was inadvertently modified in November 
2014 to include an 8:00 p.m. ET cutoff for entering orders as part of a 
proposed rule change to accept orders beginning at 6:00 a.m. ET,\12\ 
will not be amended by this proposed rule change as the Exchange will 
now accept orders until 8:00 p.m. ET as described in that rule.
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    \11\ See EDGX and EDGA Rule 1.5(r), which both define ``Post-
Closing Session'' as the time between 4:00 p.m. and 8:00 p.m. ET.
    \12\ See Securities Exchange Act Release No. 73744 (December 4, 
2014), 79 FR 73369 (December 10, 2014) (SR-BYX-2014-036).
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    The Exchange's affiliate Cboe BZX Exchange, Inc. (``BZX'') is also 
filing to extend its trading hours to 8:00 p.m. ET.\13\ The proposed 
rule change will therefore promote a consistent experience for market 
participants across all four equities markets operated by Cboe Global 
Markets, Inc. Orders entered for participation in the After Hours 
Trading Session will continue to be handled in the same manner as 
today, with the exception that the Exchange will now accept those 
orders until 8:00 p.m. ET, thereby providing additional time for market 
participants to source liquidity outside of Regular Trading Hours. The 
Exchange therefore believes that amending Rule 1.5(c) to extend the 
Exchange's trading hours will be benefit investors that will now be 
able to trade on the Exchange later in the day.
---------------------------------------------------------------------------

    \13\ See SR-CboeBZX-2018-052 (pending publication).
---------------------------------------------------------------------------

    In addition, Rule 14.1(c)(2), which provides that the Exchange must 
distribute an information circular for UTP Derivative Securities that, 
among other things, includes information about the risks of trading 
during the Exchange's various trading sessions also specifically 
references the time that the Exchange is open for trading (i.e., until 
5:00 p.m. ET today). The Exchange therefore proposes to update 
references to the Exchange's hours of operation in that rule in 
connection with the changes to extend the After Hours Trading Session 
to 8:00 p.m. ET.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \14\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \15\ 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. Specifically, the Exchange 
believes that the proposed rule change will benefit market participants 
by providing additional opportunities to transact on the Exchange later 
in the trading day.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
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    As explained in the purpose section of this proposed rule change, 
the Exchange currently accepts orders in its After Hours Trading 
Session until 5:00 p.m. ET, while two of its affiliated exchanges 
(i.e., EDGX and EDGA) currently have a Post-Closing Session that ends 
at 8:00 p.m. ET.\16\ The Exchange believes that market participants 
would benefit from a longer After Hours Trading Session on the Exchange 
too, and is therefore proposing to extend its After Hours Trading 
Session to the same time as its affiliated markets. The Exchange 
believes that this change will provide additional opportunities for 
firms to source liquidity for their orders on the Exchange. 
Furthermore, the proposed rule change will ensure that Members have a 
similar experience when trading on all four Cboe equities markets. For 
the reasons set forth above, the Exchange believes the proposal removes 
impediments to and perfects the mechanism of a free and open market and 
a national market system, and, in general, protects investors and the 
public interest.
---------------------------------------------------------------------------

    \16\ See supra note 11.
---------------------------------------------------------------------------

    In addition, the Exchange believes that the proposed change to Rule 
14.1 is consistent with the Act because that change updates the rule to 
reference the proposed 8:00 p.m. ET time that the Exchange would accept 
orders in the After Hours Trading Session. No further substantive 
changes to that rule is proposed. The Exchange believes that it is 
appropriate to update all rules that specifically reference the 
Exchange's hours of operation so that the rules properly reflect the 
changes to the After Hours Trading Session being implemented in this 
proposed rule change.

(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 
Exchange does not believe that the proposed rule change would have any 
significant impact on inter-market competition as the Exchange's 
affiliated exchanges already allow after hours trading until 8:00 p.m. 
ET, and other markets are free to provide similar trading hours. 
Furthermore, the Exchange does not believe that the proposed rule 
change would have any significant impact on intra-market competition as 
all Members would be able to enter orders later in the day due to the 
extended After Hours Trading Session.

(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) of the Act \17\ and Rule 19b-
4(f)(6) thereunder.\18\
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6). 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 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.
---------------------------------------------------------------------------

    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 change 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 proposal is 
consistent with the Act. Comments may be submitted by any of the 
following methods:

[[Page 40373]]

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-CboeBYX-2018-013 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 SR-CboeBYX-2018-013. 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 such filing will also 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 SR-CboeBYX-2018-013 and should be submitted 
on or before September 4, 2018.
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    \19\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-17394 Filed 8-13-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices                                                   40371

                                              Commission summarily may                                   Persons submitting comments are                       www.markets.cboe.com, at the principal
                                              temporarily suspend such rule change if                    cautioned that we do not redact or edit               office of the Exchange, and at the
                                              it appears to the Commission that such                     personal identifying information from                 Commission’s Public Reference Room.
                                              action is necessary or appropriate in the                  comment submissions. You should
                                                                                                                                                               II. Self-Regulatory Organization’s
                                              public interest, for the protection of                     submit only information that you wish
                                                                                                                                                               Statement of the Purpose of, and
                                              investors, or otherwise in furtherance of                  to make available publicly. All
                                                                                                                                                               Statutory Basis for, the Proposed Rule
                                              the purposes of the Act. If the                            submissions should refer to File
                                              Commission takes such action, the                                                                                Change
                                                                                                         Number SR–IEX–2018–16 and should
                                              Commission shall institute proceedings                     be submitted on or before September 4,                   In its filing with the Commission, the
                                              under Section 19(b)(2)(B) 36 of the Act to                 2018.                                                 Exchange included statements
                                              determine whether the proposed rule                                                                              concerning the purpose of and basis for
                                                                                                           For the Commission, by the Division of
                                              change should be approved or                               Trading and Markets, pursuant to delegated            the proposed rule change and discussed
                                              disapproved.                                               authority.37                                          any comments it received on the
                                                                                                         Eduardo A. Aleman,                                    proposed rule change. The text of these
                                              IV. Solicitation of Comments                                                                                     statements may be examined at the
                                                                                                         Assistant Secretary.
                                                Interested persons are invited to                                                                              places specified in Item IV below. The
                                                                                                         [FR Doc. 2018–17396 Filed 8–13–18; 8:45 am]
                                              submit written data, views and                                                                                   Exchange has prepared summaries, set
                                              arguments concerning the foregoing,                        BILLING CODE 8011–01–P
                                                                                                                                                               forth in Sections A, B, and C below, of
                                              including whether the proposed rule                                                                              the most significant parts of such
                                              change is consistent with the Act.                                                                               statements.
                                              Comments may be submitted by any of                        SECURITIES AND EXCHANGE
                                              the following methods:                                     COMMISSION                                            (A) Self-Regulatory Organization’s
                                                                                                         [Release No. 34–83798; File No. SR–                   Statement of the Purpose of, and
                                              Electronic Comments                                        CboeBYX–2018–013]                                     Statutory Basis for, the Proposed Rule
                                                • Use the Commission’s internet                                                                                Change
                                              comment form (http://www.sec.gov/                          Self-Regulatory Organizations; Cboe
                                                                                                                                                               1. Purpose
                                              rules/sro.shtml); or                                       BYX Exchange, Inc.; Notice of Filing
                                                • Send an email to rule-comments@                        and Immediate Effectiveness of a                         The Exchange offers four distinct
                                              sec.gov. Please include File Number SR–                    Proposed Rule Change To Amend                         trading sessions where the Exchange
                                              IEX–2018–16 on the subject line.                           Exchange Rule 1.5 Definitions and                     accepts orders for potential execution:
                                                                                                         Exchange Rule 14.1 Unlisted Trading                   (1) The ‘‘Early Trading Session,’’ which
                                              Paper Comments                                                                                                   begins at 7:00 a.m. Eastern Time (‘‘ET’’)
                                                                                                         Privileges
                                                 • Send paper comments in triplicate                                                                           and continues until 8:00 a.m. ET,5 (2)
                                              to Secretary, Securities and Exchange                      August 8, 2018.                                       the ‘‘Pre-Opening Session,’’ which
                                              Commission, 100 F Street NE,                                  Pursuant to Section 19(b)(1) of the                begins at 8:00 a.m. ET and continues
                                              Washington, DC 20549–1090.                                 Securities Exchange Act of 1934 (the                  until 9:30 a.m. ET,6 (3) ‘‘Regular Trading
                                              All submissions should refer to File                       ‘‘Act’’),1 and Rule 19b–4 thereunder,2                Hours,’’ which begin at 9:30 a.m. ET and
                                              Number SR–IEX–2018–16. This file                           notice is hereby given that on July 25,               continue until 4:00 p.m. ET,7 and (4) the
                                              number should be included on the                           2018, Cboe BYX Exchange, Inc. (the                    ‘‘After Hours Trading Session,’’ which
                                              subject line if email is used. To help the                 ‘‘Exchange’’ or ‘‘BYX’’) filed with the               begins at 4:00 p.m. ET and continues
                                              Commission process and review your                         Securities and Exchange Commission                    until 5:00 p.m. ET.8 Users 9 may
                                              comments more efficiently, please use                      (‘‘Commission’’) the proposed rule                    designate when their orders are eligible
                                              only one method. The Commission will                       change as described in Items I and II                 for execution by selecting their desired
                                              post all comments on the Commission’s                      below, which Items have been prepared                 Time-in-Force instruction.10
                                              internet website (http://www.sec.gov/                      by the Exchange. The Exchange has                        The purpose of the proposed rule
                                              rules/sro.shtml). Copies of the                            designated this proposal as a ‘‘non-                  change is to amend Rule 1.5(c), which
                                              submission, all subsequent                                 controversial’’ proposed rule change                  defines the After Hours Trading Session,
                                              amendments, all written statements                         pursuant to Section 19(b)(3)(A) of the                to allow trading until 8:00 p.m. ET,
                                              with respect to the proposed rule                          Act 3 and Rule 19b–4(f)(6)(iii)                       consistent with the hours currently
                                              change that are filed with the                             thereunder,4 which renders it effective               available on the Exchange’s affiliates
                                              Commission, and all written                                upon filing with the Commission. The                  Cboe EDGX Exchange, Inc. (‘‘EDGX’’)
                                              communications relating to the                             Commission is publishing this notice to               and Cboe EDGA Exchange, Inc.
                                              proposed rule change between the                           solicit comments on the proposed rule                 (‘‘EDGA’’).11 The After Hours Trading
                                              Commission and any person, other than                      change from interested persons.
                                                                                                                                                                 5 ‘‘Early Trading Session’’ means the time
                                              those that may be withheld from the                        I. Self-Regulatory Organization’s                     between 7:00 a.m. and 8:00 a.m. ET. See Rule
                                              public in accordance with the                              Statement of the Terms of Substance of                1.5(ee).
                                              provisions of 5 U.S.C. 552, will be                        the Proposed Rule Change                                6 ‘‘Pre-Opening Session’’ means the time between

                                              available for website viewing and                                                                                8:00 a.m. and 9:30 a.m. ET. See Rule 1.5(r).
                                                                                                            The Exchange filed a proposal to
                                              printing in the Commission’s Public                                                                                7 ‘‘Regular Trading Hours’’ means the time
                                                                                                         amend Rule 1.5(c), which defines the                  between 9:30 a.m. and 4:00 p.m. ET. See Rule
                                              Reference Room, 100 F Street NE,
                                                                                                         After Hours Trading Session, to allow                 1.5(w).
                                              Washington, DC 20549 on official
                                                                                                         trading until 8:00 p.m. ET.                             8 ‘‘After Hours Trading Session’’ means the time
                                              business days between the hours of
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                                                                                                            The text of the proposed rule change               between 4:00 p.m. and 5:00 p.m. ET. See Rule
                                              10:00 a.m. and 3:00 p.m. Copies of the                     is available at the Exchange’s website at             1.5(c).
                                              filing also will be available for                                                                                  9 ‘‘User’’ means any Member or Sponsored

                                              inspection and copying at the principal                                                                          Participant who is authorized to obtain access to the
                                                                                                           37 17 CFR 200.30–3(a)(12).                          System pursuant to Rule 11.3. See Rule 1.5(cc).
                                              office of the Exchange. All comments                         1 15 U.S.C. 78s(b)(1).                                10 See Rule 11.9(b).
                                              received will be posted without change.                      2 17 CFR 240.19b–4.                                   11 See EDGX and EDGA Rule 1.5(r), which both
                                                                                                           3 15 U.S.C. 78s(b)(3)(A).
                                                                                                                                                               define ‘‘Post-Closing Session’’ as the time between
                                                36 15   U.S.C. 78s(b)(2)(B).                               4 17 CFR 240.19b–4(f)(6)(iii).                      4:00 p.m. and 8:00 p.m. ET.



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                                              40372                        Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices

                                              Session will continue to begin after                    facilitating transactions in securities, to            competition as the Exchange’s affiliated
                                              Regular Trading Hours end at 4:00 p.m.                  remove impediments to and perfect the                  exchanges already allow after hours
                                              ET but instead of ending at 5:00 p.m.                   mechanism of a free and open market                    trading until 8:00 p.m. ET, and other
                                              ET, as is the case today, will now be                   and a national market system and, in                   markets are free to provide similar
                                              available until 8:00 p.m. ET similar to                 general, to protect investors and the                  trading hours. Furthermore, the
                                              the EGDX and EDGA markets. Rule                         public interest. Specifically, the                     Exchange does not believe that the
                                              11.1(a), which was inadvertently                        Exchange believes that the proposed                    proposed rule change would have any
                                              modified in November 2014 to include                    rule change will benefit market                        significant impact on intra-market
                                              an 8:00 p.m. ET cutoff for entering                     participants by providing additional                   competition as all Members would be
                                              orders as part of a proposed rule change                opportunities to transact on the                       able to enter orders later in the day due
                                              to accept orders beginning at 6:00 a.m.                 Exchange later in the trading day.                     to the extended After Hours Trading
                                              ET,12 will not be amended by this                          As explained in the purpose section                 Session.
                                              proposed rule change as the Exchange                    of this proposed rule change, the
                                              will now accept orders until 8:00 p.m.                  Exchange currently accepts orders in its               (C) Self-Regulatory Organization’s
                                              ET as described in that rule.                           After Hours Trading Session until 5:00                 Statement on Comments on the
                                                The Exchange’s affiliate Cboe BZX                     p.m. ET, while two of its affiliated                   Proposed Rule Change Received From
                                              Exchange, Inc. (‘‘BZX’’) is also filing to              exchanges (i.e., EDGX and EDGA)                        Members, Participants or Others
                                              extend its trading hours to 8:00 p.m.                   currently have a Post-Closing Session
                                              ET.13 The proposed rule change will                     that ends at 8:00 p.m. ET.16 The                         The Exchange has neither solicited
                                              therefore promote a consistent                          Exchange believes that market                          nor received written comments on the
                                              experience for market participants                      participants would benefit from a longer               proposed rule change.
                                              across all four equities markets operated               After Hours Trading Session on the                     III. Date of Effectiveness of the
                                              by Cboe Global Markets, Inc. Orders                     Exchange too, and is therefore                         Proposed Rule Change and Timing for
                                              entered for participation in the After                  proposing to extend its After Hours                    Commission Action
                                              Hours Trading Session will continue to                  Trading Session to the same time as its
                                              be handled in the same manner as                        affiliated markets. The Exchange                          Because the foregoing proposed rule
                                              today, with the exception that the                      believes that this change will provide                 change does not: (i) Significantly affect
                                              Exchange will now accept those orders                   additional opportunities for firms to                  the protection of investors or the public
                                              until 8:00 p.m. ET, thereby providing                   source liquidity for their orders on the               interest; (ii) impose any significant
                                              additional time for market participants                 Exchange. Furthermore, the proposed                    burden on competition; and (iii) become
                                              to source liquidity outside of Regular                  rule change will ensure that Members                   operative for 30 days from the date on
                                              Trading Hours. The Exchange therefore                   have a similar experience when trading                 which it was filed, or such shorter time
                                              believes that amending Rule 1.5(c) to                   on all four Cboe equities markets. For                 as the Commission may designate, it has
                                              extend the Exchange’s trading hours                     the reasons set forth above, the                       become effective pursuant to Section
                                              will be benefit investors that will now                 Exchange believes the proposal removes                 19(b)(3)(A) of the Act 17 and Rule 19b–
                                              be able to trade on the Exchange later                  impediments to and perfects the                        4(f)(6) thereunder.18
                                              in the day.                                             mechanism of a free and open market
                                                In addition, Rule 14.1(c)(2), which                   and a national market system, and, in                     At any time within 60 days of the
                                              provides that the Exchange must                         general, protects investors and the                    filing of the proposed rule change, the
                                              distribute an information circular for                  public interest.                                       Commission summarily may
                                              UTP Derivative Securities that, among                      In addition, the Exchange believes                  temporarily suspend such rule change if
                                              other things, includes information about                that the proposed change to Rule 14.1 is               it appears to the Commission that such
                                              the risks of trading during the                         consistent with the Act because that                   action is: (i) Necessary or appropriate in
                                              Exchange’s various trading sessions also                change updates the rule to reference the               the public interest; (ii) for the protection
                                              specifically references the time that the               proposed 8:00 p.m. ET time that the                    of investors; or (iii) otherwise in
                                              Exchange is open for trading (i.e., until               Exchange would accept orders in the                    furtherance of the purposes of the Act.
                                              5:00 p.m. ET today). The Exchange                       After Hours Trading Session. No further                If the Commission takes such action, the
                                              therefore proposes to update references                 substantive changes to that rule is                    Commission shall institute proceedings
                                              to the Exchange’s hours of operation in                 proposed. The Exchange believes that it                to determine whether the proposed rule
                                              that rule in connection with the changes                is appropriate to update all rules that                change should be approved or
                                              to extend the After Hours Trading                       specifically reference the Exchange’s                  disapproved.
                                              Session to 8:00 p.m. ET.                                hours of operation so that the rules                   IV. Solicitation of Comments
                                              2. Statutory Basis                                      properly reflect the changes to the After
                                                                                                      Hours Trading Session being                              Interested persons are invited to
                                                 The Exchange believes that its                       implemented in this proposed rule                      submit written data, views and
                                              proposal is consistent with Section 6(b)                change.                                                arguments concerning the foregoing,
                                              of the Act 14 in general, and furthers the                                                                     including whether the proposal is
                                              objectives of Section 6(b)(5) of the Act 15             (B) Self-Regulatory Organization’s
                                                                                                      Statement on Burden on Competition                     consistent with the Act. Comments may
                                              in particular, in that it is designed to                                                                       be submitted by any of the following
                                              promote just and equitable principles of                  The Exchange does not believe that                   methods:
                                              trade, to foster cooperation and                        the proposed rule change will result in
                                              coordination with persons engaged in                    any burden on competition that is not
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                                                                                                                                                               17 15  U.S.C. 78s(b)(3)(A).
                                                                                                      necessary or appropriate in furtherance                  18 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                12 See Securities Exchange Act Release No. 73744      of the purposes of the Act, as amended.                4(f)(6) requires a self-regulatory organization to give
                                              (December 4, 2014), 79 FR 73369 (December 10,
                                              2014) (SR–BYX–2014–036).
                                                                                                      The Exchange does not believe that the                 the Commission written notice of its intent to file
                                                                                                      proposed rule change would have any                    the proposed rule change at least five business days
                                                13 See SR–CboeBZX–2018–052 (pending
                                                                                                                                                             prior to the date of filing of the proposed rule
                                              publication).                                           significant impact on inter-market                     change, or such shorter time as designated by the
                                                14 15 U.S.C. 78f(b).
                                                                                                                                                             Commission. The Exchange has satisfied this
                                                15 15 U.S.C. 78f(b)(5).                                 16 See   supra note 11.                              requirement.



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                                                                               Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices                                                     40373

                                              Electronic Comments                                       SECURITIES AND EXCHANGE                                 in certain Tiers for options transactions
                                                                                                        COMMISSION                                              by MIAX Options Market Makers 3 in
                                                • Use the Commission’s internet                                                                                 standard option classes in the Penny
                                              comment form (http://www.sec.gov/                         [Release No. 34–83797; File No. SR–MIAX–
                                                                                                        2018–22]
                                                                                                                                                                Pilot Program 4 (‘‘Penny classes’’) and in
                                              rules/sro.shtml); or                                                                                              standard option classes which are not in
                                                • Send an email to rule-comments@                       Self-Regulatory Organizations; Miami                    the Penny Pilot Program (‘‘non-Penny
                                              sec.gov. Please include File Number SR–                   International Securities Exchange LLC;                  classes’’) executed in the complex
                                              CboeBYX–2018–013 on the subject line.                     Notice of Filing and Immediate                          order 5 book; (ii) increase the per
                                                                                                        Effectiveness of a Proposed Rule                        contract surcharge assessed for
                                              Paper Comments                                            Change To Amend Its Fee Schedule                        transactions by all market participants,
                                                                                                                                                                except for Priority Customers,6 which
                                                 • Send paper comments in triplicate                    August 8, 2018.                                         remove liquidity against a resting
                                              to Secretary, Securities and Exchange                        Pursuant to the provisions of Section                Priority Customer complex order on the
                                              Commission, 100 F Street NE,                              19(b)(1) of the Securities Exchange Act                 strategy book for options in Penny
                                              Washington, DC 20549–1090.                                of 1934 (‘‘Act’’) 1 and Rule 19b–4                      classes and for options in non-Penny
                                              All submissions should refer to File                      thereunder,2 notice is hereby given that                classes (‘‘Complex Taker Surcharge’’)
                                              Number SR–CboeBYX–2018–013. This                          on August 1, 2018, Miami International                  and to broaden the application of the
                                              file number should be included on the                     Securities Exchange LLC (‘‘MIAX                         Complex Taker Surcharge to other types
                                              subject line if email is used. To help the                Options’’ or the ‘‘Exchange’’) filed with               of transactions (described below) and
                                              Commission process and review your                        the Securities and Exchange                             consequently to rename it as the
                                                                                                        Commission (‘‘Commission’’) a                           ‘‘Complex Surcharge;’’ (iii) increase the
                                              comments more efficiently, please use
                                                                                                        proposed rule change as described in                    per contract credit assessable to Agency
                                              only one method. The Commission will
                                                                                                        Items I, II, and III below, which Items                 Orders (defined below) in a cPRIME
                                              post all comments on the Commission’s                     have been prepared by the Exchange.                     Auction (‘‘cPRIME Agency Order
                                              internet website (http://www.sec.gov/                     The Commission is publishing this                       Credit’’) by Members 7 in Tier 4 of the
                                              rules/sro.shtml). Copies of the                           notice to solicit comments on the                       Priority Customer Rebate Program
                                              submission, all subsequent                                proposed rule change from interested                    (‘‘PCRP’’) 8 and establish a limit as to
                                              amendments, all written statements                        persons.
                                              with respect to the proposed rule                                                                                    3 The term ‘‘Market Makers’’ refers to Lead

                                              change that are filed with the                            I. Self-Regulatory Organization’s                       Market Makers (‘‘LMMs’’), Primary Lead Market
                                              Commission, and all written                               Statement of the Terms of the Substance                 Makers (‘‘PLMMs’’), and Registered Market Makers
                                                                                                        of the Proposed Rule Change                             (‘‘RMMs’’) collectively. See Exchange Rule 100. A
                                              communications relating to the                                                                                    Directed Order Lead Market Maker (‘‘DLMM’’) and
                                              proposed rule change between the                             The Exchange is filing a proposal to                 Directed Primary Lead Market Maker (‘‘DPLMM’’) is
                                              Commission and any person, other than                     amend the MIAX Options Fee Schedule                     a party to a transaction being allocated to the LMM
                                              those that may be withheld from the                       (the ‘‘Fee Schedule’’).                                 or PLMM and is the result of an order that has been
                                                                                                           The text of the proposed rule change                 directed to the LMM or PLMM. See Fee Schedule
                                              public in accordance with the                                                                                     note 2.
                                                                                                        is available on the Exchange’s website at
                                              provisions of 5 U.S.C. 552, will be                                                                                  4 See Securities Exchange Act Release No. 83515
                                                                                                        http://www.miaxoptions.com/rule-                        (June 25, 2018), 83 FR 30786 (June 29, 2018) (SR–
                                              available for website viewing and
                                                                                                        filings, at MIAX’s principal office, and                MIAX–2018–12).
                                              printing in the Commission’s Public                       at the Commission’s Public Reference                       5 A ‘‘complex order’’ is any order involving the
                                              Reference Room, 100 F Street NE,                          Room.                                                   concurrent purchase and/or sale of two or more
                                              Washington, DC 20549, on official                                                                                 different options in the same underlying security
                                                                                                        II. Self-Regulatory Organization’s                      (the ‘‘legs’’ or ‘‘components’’ of the complex order),
                                              business days between the hours of                                                                                for the same account, in a ratio that is equal to or
                                              10:00 a.m. and 3:00 p.m. Copies of such                   Statement of the Purpose of, and                        greater than one-to-three (.333) and less than or
                                              filing will also be available for                         Statutory Basis for, the Proposed Rule                  equal to three-to-one (3.00) and for the purposes of
                                              inspection and copying at the principal                   Change                                                  executing a particular investment strategy. A
                                                                                                                                                                complex order can also be a ‘‘stock-option’’ order,
                                              office of the Exchange. All comments                         In its filing with the Commission, the               which is an order to buy or sell a stated number
                                              received will be posted without change.                   Exchange included statements                            of units of an underlying security coupled with the
                                              Persons submitting comments are                           concerning the purpose of and basis for                 purchase or sale of options contract(s) on the
                                                                                                                                                                opposite side of the market, subject to certain
                                              cautioned that we do not redact or edit                   the proposed rule change and discussed                  contingencies set forth in the proposed rules
                                              personal identifying information from                     any comments it received on the                         governing complex orders. For a complete
                                              comment submissions. You should                           proposed rule change. The text of these                 definition of a ‘‘complex order,’’ see Exchange Rule
                                                                                                        statements may be examined at the                       518(a)(5). See also Securities Exchange Act Release
                                              submit only information that you wish                                                                             No. 78620 (August 18, 2016), 81 FR 58770 (August
                                              to make available publicly. All                           places specified in Item IV below. The                  25, 2016) (SR–MIAX–2016–26).
                                              submissions should refer to File                          Exchange has prepared summaries, set                       6 ‘‘Priority Customer’’ means a person or entity

                                              Number SR–CboeBYX–2018–013 and                            forth in sections A, B, and C below, of                 that (i) is not a broker or dealer in securities, and
                                              should be submitted on or before                          the most significant aspects of such                    (ii) does not place more than 390 orders in listed
                                                                                                        statements.                                             options per day on average during a calendar month
                                              September 4, 2018.                                                                                                for its own beneficial accounts(s). A ‘‘Priority
                                                                                                        A. Self-Regulatory Organization’s                       Customer Order’’ means an order for the account of
                                                For the Commission, by the Division of                                                                          a Priority Customer. See Exchange Rule 100.
                                              Trading and Markets, pursuant to delegated                Statement of the Purpose of, and                           7 The term ‘‘Member’’ means an individual or

                                              authority.19                                              Statutory Basis for, the Proposed Rule                  organization approved to exercise the trading rights
                                                                                                        Change
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                                                                                                                                                                associated with a Trading Permit. Members are
                                              Eduardo A. Aleman,
                                                                                                                                                                deemed ‘‘members’’ under the Exchange Act. See
                                              Assistant Secretary.                                      1. Purpose                                              Exchange Rule 100.
                                                                                                                                                                   8 Under the PCRP, MIAX Options credits each
                                              [FR Doc. 2018–17394 Filed 8–13–18; 8:45 am]                  The Exchange proposes to amend its
                                                                                                                                                                Member the per contract amount resulting from
                                              BILLING CODE 8011–01–P                                    Fee Schedule to (i) increase certain fees               each Priority Customer order transmitted by that
                                                                                                                                                                Member which is executed electronically on the
                                                                                                          1   15 U.S.C. 78s(b)(1).                              Exchange in all multiply-listed option classes
                                                19 17   CFR 200.30–3(a)(12).                              2   17 CFR 240.19b–4.                                                                             Continued




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Document Created: 2018-08-14 02:18:17
Document Modified: 2018-08-14 02:18:17
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 40371 

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