83_FR_40757 83 FR 40599 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 1.5, Definitions, Exchange Rule 14.6, Obligations for Companies Listed on the Exchange, and Exchange Rule 14.11, Other Securities

83 FR 40599 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 1.5, Definitions, Exchange Rule 14.6, Obligations for Companies Listed on the Exchange, and Exchange Rule 14.11, Other Securities

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 158 (August 15, 2018)

Page Range40599-40601
FR Document2018-17490

Federal Register, Volume 83 Issue 158 (Wednesday, August 15, 2018)
[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Pages 40599-40601]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17490]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83809; File No. SR-CboeBZX-2018-057)]


Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Exchange Rule 1.5, Definitions, Exchange Rule 14.6, Obligations for 
Companies Listed on the Exchange, and Exchange Rule 14.11, Other 
Securities

August 9, 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 August 1, 2018, Cboe BZX Exchange, Inc. (the ``Exchange'' or 
``BZX'') 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

[[Page 40600]]

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 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. 73745 (December 4, 
2014), 79 FR 73359 (December 10, 2014) (SR-BATS-2014-062).
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    The Exchange's affiliate, Cboe BYX Exchange, Inc. (``BYX''), 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-CboeBYX-2018-013 (pending publication).
---------------------------------------------------------------------------

    A number of other Exchange rules related to listings also 
specifically reference 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 those rules 
in connection with the changes to extend the After Hours Trading 
Session to 8:00 p.m. ET. Specifically, the Exchange proposes to amend 
the following rules to reference the proposed 8:00 p.m. ET end of 
trading: (1) Interpretations and Policies .01 and .02 to Rule 14.6, 
which provide the timing for notifying the Exchange of certain public 
disclosures to be made during Exchange market hours; (2) Rule 
14.11(b)(7),(c)(7) which provide that the Exchange may designate 
Portfolio Depository Receipts or Index Fund Shares, respectively, for 
trading during the pre-market and post-market sessions offered on the 
Exchange; (3) Rule 14.11(f)(2)(B), which provides that transactions in 
Trust Issued Receipts may be effected until 5:00 p.m. ET each business 
day; and (4) Rule 14.11(j)(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.
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).
---------------------------------------------------------------------------

    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 changes to its 
listing rules are consistent with the Act because these changes update 
those rules with references to 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 those rules are 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

[[Page 40601]]

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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \19\ normally 
does not become operative for 30 days after the date of its filing. 
However, pursuant to Rule 19b-4(f)(6)(iii),\20\ the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange requests 
that the Commission waive the 30-day operative delay so that the 
proposal may become operative immediately upon filing. The Exchange 
represents that waiver of the 30-day operative delay will allow the 
Exchange to immediately provide a venue for market participants to 
source liquidity until 8:00 p.m. ET, similar to the operation of other 
exchanges. Because the proposed rules previously have been approved by 
the Commission for, and are substantively identical to those of, 
another listing exchange, the Commission believes does not believe that 
the proposal raises any novel or unique regulatory issues.\21\ 
Therefore, the Commission believes that waiving the 30-day operative 
delay is consistent with the protection of investors and the public 
interest. The Commission hereby waives the 30-day operative delay and 
designates the proposed rule change operative upon filing.\22\
---------------------------------------------------------------------------

    \19\ 17 CFR 240.19b-4(f)(6).
    \20\ 17 CFR 240.19b-4(f)(6)(iii).
    \21\ See supra note 11.
    \22\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. 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 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:

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-CboeBZX-2018-057 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-CboeBZX-2018-057. 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-CboeBZX-2018-057 and should be submitted 
on or before September 5, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-17490 Filed 8-14-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices                                               40599

                                               innovative pricing in this space. The                      Paper Comments                                         SECURITIES AND EXCHANGE
                                               Exchange expects firms to make                                                                                    COMMISSION
                                               decisions on how much and what types                         • Send paper comments in triplicate
                                                                                                          to Secretary, Securities and Exchange                  [Release No. 34–83809; File No. SR–
                                               of data to consume on the basis of the                                                                            CboeBZX–2018–057)]
                                               total cost of interacting with MIAX                        Commission, 100 F Street NE,
                                               Options or other exchanges. Of course,                     Washington, DC 20549–1090.                             Self-Regulatory Organizations; Cboe
                                               the explicit data fees are only one factor                 All submissions should refer to File                   BZX Exchange, Inc.; Notice of Filing
                                               in a total platform analysis. Some                         Number SR–MIAX–2018–20. This file                      and Immediate Effectiveness of a
                                               competitors have lower transactions fees                   number should be included on the                       Proposed Rule Change To Amend
                                               and higher data fees, and others are vice                                                                         Exchange Rule 1.5, Definitions,
                                                                                                          subject line if email is used. To help the
                                               versa. The market for this proprietary                                                                            Exchange Rule 14.6, Obligations for
                                                                                                          Commission process and review your
                                               information is highly competitive and                                                                             Companies Listed on the Exchange,
                                               continually evolves as products develop                    comments more efficiently, please use
                                                                                                          only one method. The Commission will                   and Exchange Rule 14.11, Other
                                               and change. Additionally, respecting                                                                              Securities
                                               intra-market competition, the AIS feed                     post all comments on the Commission’s
                                               and the ToM feed are available to all                      internet website (http://www.sec.gov/                  August 9, 2018.
                                               subscribers, thus providing all                            rules/sro.shtml). Copies of the                           Pursuant to Section 19(b)(1) of the
                                               subscribers to the data products with an                   submission, all subsequent                             Securities Exchange Act of 1934 (the
                                               even playing field with respect to                         amendments, all written statements                     ‘‘Act’’),1 and Rule 19b-4 thereunder,2
                                               information and access to trade on                         with respect to the proposed rule                      notice is hereby given that on August 1,
                                               MIAX Options.                                              change that are filed with the                         2018, Cboe BZX Exchange, Inc. (the
                                                                                                          Commission, and all written                            ‘‘Exchange’’ or ‘‘BZX’’) filed with the
                                               C. Self-Regulatory Organization’s                                                                                 Securities and Exchange Commission
                                                                                                          communications relating to the
                                               Statement on Comments on the                                                                                      (‘‘Commission’’) the proposed rule
                                                                                                          proposed rule change between the
                                               Proposed Rule Change Received From                                                                                change as described in Items I and II
                                                                                                          Commission and any person, other than
                                               Members, Participants, or Others                                                                                  below, which Items have been prepared
                                                                                                          those that may be withheld from the
                                                 Written comments were neither                            public in accordance with the                          by the Exchange. The Exchange has
                                               solicited nor received.                                    provisions of 5 U.S.C. 552, will be                    designated this proposal as a ‘‘non-
                                                                                                          available for website viewing and                      controversial’’ proposed rule change
                                               III. Date of Effectiveness of the
                                                                                                          printing in the Commission’s Public                    pursuant to Section 19(b)(3)(A) of the
                                               Proposed Rule Change and Timing for
                                                                                                          Reference Room, 100 F Street NE,                       Act 3 and Rule 19b-4(f)(6)(iii)
                                               Commission Action
                                                                                                          Washington, DC 20549 on official                       thereunder,4 which renders it effective
                                                  The foregoing rule change has become                                                                           upon filing with the Commission. The
                                               effective pursuant to Section                              business days between the hours of
                                                                                                                                                                 Commission is publishing this notice to
                                               19(b)(3)(A)(ii) of the Act,19 and Rule                     10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                                                                                 solicit comments on the proposed rule
                                               19b–4(f)(2) 20 thereunder. At any time                     filing also will be available for                      change from interested persons.
                                               within 60 days of the filing of the                        inspection and copying at the principal
                                               proposed rule change, the Commission                       office of the Exchange. All comments                   I. Self-Regulatory Organization’s
                                               summarily may temporarily suspend                          received will be posted without change.                Statement of the Terms of Substance of
                                               such rule change if it appears to the                      Persons submitting comments are                        the Proposed Rule Change
                                               Commission that such action is                             cautioned that we do not redact or edit                   The Exchange filed a proposal to
                                               necessary or appropriate in the public                     personal identifying information from                  amend Rule 1.5(c), which defines the
                                               interest, for the protection of investors,                 comment submissions. You should                        After Hours Trading Session, to allow
                                               or otherwise in furtherance of the                         submit only information that you wish                  trading until 8:00 p.m. ET.
                                               purposes of the Act. If the Commission                     to make available publicly. All                           The text of the proposed rule change
                                               takes such action, the Commission shall                    submissions should refer to File                       is available at the Exchange’s website at
                                               institute proceedings to determine                         Number SR–MIAX–2018–20, and                            www.markets.cboe.com, at the principal
                                               whether the proposed rule should be                        should be submitted on or before                       office of the Exchange, and at the
                                               approved or disapproved.                                   September 5, 2018.                                     Commission’s Public Reference Room.
                                               IV. Solicitation of Comments                                 For the Commission, by the Division of               II. Self-Regulatory Organization’s
                                                 Interested persons are invited to                        Trading and Markets, pursuant to delegated             Statement of the Purpose of, and
                                               submit written data, views, and                            authority.21                                           Statutory Basis for, the Proposed Rule
                                               arguments concerning the foregoing,                        Eduardo A. Aleman,                                     Change
                                               including whether the proposed rule                        Assistant Secretary.                                     In its filing with the Commission, the
                                               change is consistent with the Act.                         [FR Doc. 2018–17494 Filed 8–14–18; 8:45 am]            Exchange included statements
                                               Comments may be submitted by any of                        BILLING CODE 8011–01–P
                                                                                                                                                                 concerning the purpose of and basis for
                                               the following methods:                                                                                            the proposed rule change and discussed
                                                                                                                                                                 any comments it received on the
                                               Electronic Comments
                                                                                                                                                                 proposed rule change. The text of these
                                                 • Use the Commission’s internet                                                                                 statements may be examined at the
                                               comment form (http://www.sec.gov/                                                                                 places specified in Item IV below. The
daltland on DSKBBV9HB2PROD with NOTICES




                                               rules/sro.shtml); or                                                                                              Exchange has prepared summaries, set
                                                 • Send an email to rule-comments@                                                                               forth in Sections A, B, and C below, of
                                               sec.gov. Please include File Number SR–
                                               MIAX–2018–20 on the subject line.                                                                                   1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                   2 17 CFR 240.19b–4.
                                                 19 15   U.S.C. 78s(b)(3)(A)(ii).                                                                                  3 15 U.S.C. 78s(b)(3)(A).
                                                 20 17   CFR 240.19b–4(f)(2).                               21 17   CFR 200.30–3(a)(12).                           4 17 CFR 240.19b–4(f)(6)(iii).




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                                               40600                      Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices

                                               the most significant parts of such                         The Exchange’s affiliate, Cboe BYX                 trade, to foster cooperation and
                                               statements.                                             Exchange, Inc. (‘‘BYX’’), is also filing to           coordination with persons engaged in
                                                                                                       extend its trading hours to 8:00 p.m.                 facilitating transactions in securities, to
                                               (A) Self-Regulatory Organization’s
                                                                                                       ET.13 The proposed rule change will                   remove impediments to and perfect the
                                               Statement of the Purpose of, and
                                                                                                       therefore promote a consistent                        mechanism of a free and open market
                                               Statutory Basis for, the Proposed Rule                  experience for market participants                    and a national market system and, in
                                               Change                                                  across all four equities markets operated             general, to protect investors and the
                                               1. Purpose                                              by Cboe Global Markets, Inc. Orders                   public interest. Specifically, the
                                                                                                       entered for participation in the After                Exchange believes that the proposed
                                                  The Exchange offers four distinct
                                                                                                       Hours Trading Session will continue to                rule change will benefit market
                                               trading sessions where the Exchange
                                                                                                       be handled in the same manner as                      participants by providing additional
                                               accepts orders for potential execution:
                                                                                                       today, with the exception that the                    opportunities to transact on the
                                               (1) The ‘‘Early Trading Session,’’ which
                                                                                                       Exchange will now accept those orders                 Exchange later in the trading day.
                                               begins at 7:00 a.m. Eastern Time (‘‘ET’’)                                                                        As explained in the purpose section
                                                                                                       until 8:00 p.m. ET, thereby providing
                                               and continues until 8:00 a.m. ET,5 (2)                                                                        of this proposed rule change, the
                                                                                                       additional time for market participants
                                               the ‘‘Pre-Opening Session,’’ which                                                                            Exchange currently accepts orders in its
                                                                                                       to source liquidity outside of Regular
                                               begins at 8:00 a.m. ET and continues                                                                          After Hours Trading Session until 5:00
                                                                                                       Trading Hours. The Exchange therefore
                                               until 9:30 a.m. ET,6 (3) ‘‘Regular Trading                                                                    p.m. ET, while two of its affiliated
                                                                                                       believes that amending Rule 1.5(c) to
                                               Hours,’’ which begin at 9:30 a.m. ET and                                                                      exchanges (i.e., EDGX and EDGA)
                                                                                                       extend the Exchange’s trading hours
                                               continue until 4:00 p.m. ET,7 and (4) the                                                                     currently have a Post-Closing Session
                                                                                                       will be benefit investors that will now
                                               ‘‘After Hours Trading Session,’’ which                                                                        that ends at 8:00 p.m. ET.16 The
                                                                                                       be able to trade on the Exchange later
                                               begins at 4:00 p.m. ET and continues                                                                          Exchange believes that market
                                                                                                       in the day.
                                               until 5:00 p.m. ET.8 Users9 may                            A number of other Exchange rules                   participants would benefit from a longer
                                               designate when their orders are eligible                related to listings also specifically                 After Hours Trading Session on the
                                               for execution by selecting their desired                reference the time that the Exchange is               Exchange too, and is therefore
                                               Time-in-Force instruction.10                            open for trading (i.e., until 5:00 p.m. ET            proposing to extend its After Hours
                                                  The purpose of the proposed rule                     today). The Exchange therefore proposes               Trading Session to the same time as its
                                               change is to amend Rule 1.5(c), which                   to update references to the Exchange’s                affiliated markets. The Exchange
                                               defines the After Hours Trading Session,                hours of operation in those rules in                  believes that this change will provide
                                               to allow trading until 8:00 p.m. ET,                    connection with the changes to extend                 additional opportunities for firms to
                                               consistent with the hours currently                     the After Hours Trading Session to 8:00               source liquidity for their orders on the
                                               available on the Exchange’s affiliates                  p.m. ET. Specifically, the Exchange                   Exchange. Furthermore, the proposed
                                               Cboe EDGX Exchange, Inc. (‘‘EDGX’’)                     proposes to amend the following rules                 rule change will ensure that Members
                                               and Cboe EDGA Exchange, Inc.                            to reference the proposed 8:00 p.m. ET                have a similar experience when trading
                                               (‘‘EDGA’’).11 The After Hours Trading                   end of trading: (1) Interpretations and               on all four Cboe equities markets. For
                                               Session will continue to begin after                    Policies .01 and .02 to Rule 14.6, which              the reasons set forth above, the
                                               Regular Trading Hours end at 4:00 p.m.                  provide the timing for notifying the                  Exchange believes the proposal removes
                                               ET but instead of ending at 5:00 p.m.                   Exchange of certain public disclosures                impediments to and perfects the
                                               ET, as is the case today, will now be                   to be made during Exchange market                     mechanism of a free and open market
                                               available until 8:00 p.m. ET similar to                 hours; (2) Rule 14.11(b)(7),(c)(7) which              and a national market system, and, in
                                               the EGDX and EDGA markets. Rule                         provide that the Exchange may                         general, protects investors and the
                                               11.1(a), which was inadvertently                        designate Portfolio Depository Receipts               public interest.
                                               modified in November 2014 to include                    or Index Fund Shares, respectively, for                  In addition, the Exchange believes
                                               an 8:00 p.m. ET cutoff for entering                     trading during the pre-market and post-               that the proposed changes to its listing
                                               orders as part of a proposed rule change                market sessions offered on the                        rules are consistent with the Act
                                               to accept orders beginning at 6:00 a.m.                 Exchange; (3) Rule 14.11(f)(2)(B), which              because these changes update those
                                               ET,12 will not be amended by this                       provides that transactions in Trust                   rules with references to the proposed
                                               proposed rule change as the Exchange                    Issued Receipts may be effected until                 8:00 p.m. ET time that the Exchange
                                               will now accept orders until 8:00 p.m.                  5:00 p.m. ET each business day; and (4)               would accept orders in the After Hours
                                               ET as described in that rule.                           Rule 14.11(j)(2), which provides that the             Trading Session. No further substantive
                                                                                                       Exchange must distribute an                           changes to those rules are proposed. The
                                                 5 ‘‘Early Trading Session’’ means the time
                                                                                                       information circular for UTP Derivative               Exchange believes that it is appropriate
                                               between 7:00 a.m. and 8:00 a.m. ET. See Rule                                                                  to update all rules that specifically
                                               1.5(ee).                                                Securities that, among other things,
                                                 6 ‘‘Pre-Opening Session’’ means the time between      includes information about the risks of               reference the Exchange’s hours of
                                               8:00 a.m. and 9:30 a.m. ET. See Rule 1.5(r).            trading during the Exchange’s various                 operation so that the rules properly
                                                 7 ‘‘Regular Trading Hours’’ means the time
                                                                                                       trading sessions.                                     reflect the changes to the After Hours
                                               between 9:30 a.m. and 4:00 p.m. ET. See Rule                                                                  Trading Session being implemented in
                                               1.5(w).                                                 2. Statutory Basis                                    this proposed rule change.
                                                 8 ‘‘After Hours Trading Session’’ means the time

                                               between 4:00 p.m. and 5:00 p.m. ET. See Rule               The Exchange believes that its                     (B) Self-Regulatory Organization’s
                                               1.5(c).                                                 proposal is consistent with Section 6(b)              Statement on Burden on Competition
                                                 9 ‘‘User’’ means any Member or Sponsored              of the Act 14 in general, and furthers the
                                               Participant who is authorized to obtain access to the   objectives of Section 6(b)(5) of the Act 15             The Exchange does not believe that
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                                               System pursuant to Rule 11.3. See Rule 1.5(cc).
                                                                                                       in particular, in that it is designed to              the proposed rule change will result in
                                                 10 See Rule 11.9(b).
                                                                                                       promote just and equitable principles of              any burden on competition that is not
                                                 11 See EDGX and EDGA Rule 1.5(r), which both
                                                                                                                                                             necessary or appropriate in furtherance
                                               define ‘‘Post-Closing Session’’ as the time between
                                               4:00 p.m. and 8:00 p.m. ET.                               13 See SR–CboeBYX–2018–013 (pending                 of the purposes of the Act, as amended.
                                                 12 See Securities Exchange Act Release No. 73745      publication).                                         The Exchange does not believe that the
                                                                                                         14 15 U.S.C. 78f(b).
                                               (December 4, 2014), 79 FR 73359 (December 10,
                                               2014) (SR–BATS–2014–062).                                 15 15 U.S.C. 78f(b)(5).                               16 See   supra note 11.



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                                                                           Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices                                                 40601

                                               proposed rule change would have any                       Commission believes does not believe                 Commission and any person, other than
                                               significant impact on inter-market                        that the proposal raises any novel or                those that may be withheld from the
                                               competition as the Exchange’s affiliated                  unique regulatory issues.21 Therefore,               public in accordance with the
                                               exchanges already allow after hours                       the Commission believes that waiving                 provisions of 5 U.S.C. 552, will be
                                               trading until 8:00 p.m. ET, and other                     the 30-day operative delay is consistent             available for website viewing and
                                               markets are free to provide similar                       with the protection of investors and the             printing in the Commission’s Public
                                               trading hours. Furthermore, the                           public interest. The Commission hereby               Reference Room, 100 F Street NE,
                                               Exchange does not believe that the                        waives the 30-day operative delay and                Washington, DC 20549, on official
                                               proposed rule change would have any                       designates the proposed rule change                  business days between the hours of
                                               significant impact on intra-market                        operative upon filing.22                             10:00 a.m. and 3:00 p.m. Copies of such
                                               competition as all Members would be                          At any time within 60 days of the                 filing will also be available for
                                               able to enter orders later in the day due                 filing of the proposed rule change, the              inspection and copying at the principal
                                               to the extended After Hours Trading                       Commission summarily may                             office of the Exchange. All comments
                                               Session.                                                  temporarily suspend such rule change if              received will be posted without change.
                                                                                                         it appears to the Commission that such               Persons submitting comments are
                                               (C) Self-Regulatory Organization’s                        action is: (i) Necessary or appropriate in           cautioned that we do not redact or edit
                                               Statement on Comments on the                              the public interest; (ii) for the protection         personal identifying information from
                                               Proposed Rule Change Received From                        of investors; or (iii) otherwise in                  comment submissions. You should
                                               Members, Participants or Others                           furtherance of the purposes of the Act.              submit only information that you wish
                                                 The Exchange has neither solicited                      If the Commission takes such action, the             to make available publicly. All
                                               nor received written comments on the                      Commission shall institute proceedings               submissions should refer to File
                                               proposed rule change.                                     to determine whether the proposed rule               Number SR–CboeBZX–2018–057 and
                                               III. Date of Effectiveness of the                         change should be approved or                         should be submitted on or before
                                               Proposed Rule Change and Timing for                       disapproved.                                         September 5, 2018.
                                               Commission Action                                         IV. Solicitation of Comments                           For the Commission, by the Division of
                                                                                                                                                              Trading and Markets, pursuant to delegated
                                                  Because the foregoing proposed rule                      Interested persons are invited to                  authority.23
                                               change does not: (i) Significantly affect                 submit written data, views and                       Eduardo A. Aleman,
                                               the protection of investors or the public                 arguments concerning the foregoing,
                                               interest; (ii) impose any significant                                                                          Assistant Secretary.
                                                                                                         including whether the proposal is
                                               burden on competition; and (iii) become                                                                        [FR Doc. 2018–17490 Filed 8–14–18; 8:45 am]
                                                                                                         consistent with the Act. Comments may
                                               operative for 30 days from the date on                    be submitted by any of the following                 BILLING CODE 8011–01–P
                                               which it was filed, or such shorter time                  methods:
                                               as the Commission may designate, it has
                                               become effective pursuant to Section                      Electronic Comments                                  SECURITIES AND EXCHANGE
                                               19(b)(3)(A) of the Act 17 and Rule 19b–                     • Use the Commission’s internet                    COMMISSION
                                               4(f)(6) thereunder.18                                     comment form (http://www.sec.gov/                    [Release No. 34–83815; File No. SR–FINRA–
                                                  A proposed rule change filed under                     rules/sro.shtml); or                                 2018–023]
                                               Rule 19b–4(f)(6) 19 normally does not                       • Send an email to rule-comments@
                                               become operative for 30 days after the                    sec.gov. Please include File Number SR–              Self-Regulatory Organizations;
                                               date of its filing. However, pursuant to                  CboeBZX–2018–057 on the subject line.                Financial Industry Regulatory
                                               Rule 19b–4(f)(6)(iii),20 the Commission                                                                        Authority, Inc.; Order Approving a
                                                                                                         Paper Comments
                                               may designate a shorter time if such                                                                           Proposed Rule Change Relating to
                                               action is consistent with the protection                     • Send paper comments in triplicate               ATS Reporting to TRACE of
                                               of investors and the public interest. The                 to Secretary, Securities and Exchange                Transactions in U.S. Treasury
                                               Exchange requests that the Commission                     Commission, 100 F Street NE,                         Securities
                                               waive the 30-day operative delay so that                  Washington, DC 20549–1090.
                                                                                                         All submissions should refer to File                 August 9, 2018.
                                               the proposal may become operative
                                               immediately upon filing. The Exchange                     Number SR–CboeBZX–2018–057. This                     I. Introduction
                                               represents that waiver of the 30-day                      file number should be included on the
                                                                                                                                                                 On June 5, 2018, the Financial
                                               operative delay will allow the Exchange                   subject line if email is used. To help the
                                                                                                                                                              Industry Regulatory Authority, Inc.
                                               to immediately provide a venue for                        Commission process and review your
                                                                                                                                                              (‘‘FINRA’’) filed with the Securities and
                                               market participants to source liquidity                   comments more efficiently, please use
                                                                                                                                                              Exchange Commission (‘‘Commission’’),
                                               until 8:00 p.m. ET, similar to the                        only one method. The Commission will
                                                                                                                                                              pursuant to Section 19(b)(1) of the
                                               operation of other exchanges. Because                     post all comments on the Commission’s
                                                                                                                                                              Securities Exchange Act of 1934
                                               the proposed rules previously have been                   internet website (http://www.sec.gov/
                                                                                                                                                              (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a
                                               approved by the Commission for, and                       rules/sro.shtml). Copies of the
                                                                                                                                                              proposed rule change to amend FINRA
                                               are substantively identical to those of,                  submission, all subsequent
                                                                                                                                                              Rule 6730 to require certain alternative
                                               another listing exchange, the                             amendments, all written statements
                                                                                                                                                              trading systems (‘‘ATSs’’) that report
                                                                                                         with respect to the proposed rule
                                                                                                                                                              transactions in U.S. Treasury Securities
                                                 17 15  U.S.C. 78s(b)(3)(A).                             change that are filed with the
                                                                                                                                                              to the Transaction Reporting and
                                                 18 17  CFR 240.19b–4(f)(6). In addition, Rule 19b-      Commission, and all written
                                                                                                                                                              Compliance Engine (‘‘TRACE’’) to
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                                               4(f)(6) requires a self-regulatory organization to give   communications relating to the
                                               the Commission written notice of its intent to file                                                            identify non-FINRA-member subscribers
                                               the proposed rule change at least five business days      proposed rule change between the
                                                                                                                                                              on those transaction reports. The
                                               prior to the date of filing of the proposed rule
                                               change, or such shorter time as designated by the           21 Seesupra note 11.
                                                                                                                                                              proposed rule change was published for
                                               Commission. The Exchange has satisfied this                 22 Forpurposes only of waiving the 30-day
                                               requirement.                                                                                                     23 17 CFR 200.30–3(a)(12).
                                                                                                         operative delay, the Commission has considered the
                                                 19 17 CFR 240.19b–4(f)(6).                                                                                     1 15 U.S.C. 78s(b)(1).
                                                                                                         proposed rule’s impact on efficiency, competition,
                                                 20 17 CFR 240.19b–4(f)(6)(iii).                         and capital formation. See 15 U.S.C. 78c(f).           2 17 CFR 240.19b–4.




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Document Created: 2018-08-15 01:26:13
Document Modified: 2018-08-15 01:26:13
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 40599 

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