83_FR_42887 83 FR 42723 - Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Options Regulatory Fee

83 FR 42723 - Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Options Regulatory Fee

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 164 (August 23, 2018)

Page Range42723-42725
FR Document2018-18161

Federal Register, Volume 83 Issue 164 (Thursday, August 23, 2018)
[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Notices]
[Pages 42723-42725]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18161]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83876; File No. SR-C2-2018-017]


Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
the Options Regulatory Fee

August 17, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on August 9, 2018, Cboe C2 Exchange, Inc. (the ``Exchange'' or 
``C2'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend its Fees Schedule relating to the 
Options Regulatory Fee.
    The text of the proposed rule change is also available on the 
Exchange's

[[Page 42724]]

website (http://www.c2exchange.com/Legal/), at the Exchange's Office of 
the Secretary, 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 aspects of such 
statements.

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

1. Purpose
    The Exchange proposes to decrease the Options Regulatory Fee 
(``ORF'') from $.0014 per contract to $.0011 per contract in order to 
help ensure that revenue collected from the ORF, in combination with 
other regulatory fees and fines, meets the Exchange's total regulatory 
costs.\3\
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    \3\ The Exchange initially filed the proposed fee change on 
August 1, 2018 (SR-C2-2018-016) for August 1, 2018 effectiveness. On 
business date August 9, 2018, the Exchange withdrew that filing and 
submitted this filing.
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    The ORF is assessed by C2 Options to each Trading Permit Holder 
(``TPH'') for options transactions cleared by the TPH that are cleared 
by the Options Clearing Corporation (OCC) in the customer range, 
regardless of the exchange on which the transaction occurs. In other 
words, the Exchange imposes the ORF on all customer-range transactions 
cleared by a TPH, even if the transactions do not take place on the 
Exchange. The ORF is collected by OCC on behalf of the Exchange from 
the Clearing Trading Permit Holder (``CTPH'') or non-CTPH that 
ultimately clears the transaction. With respect to linkage 
transactions, C2 Options reimburses its routing broker providing 
Routing Services pursuant to C2 Options Rule 6.15 for options 
regulatory fees it incurs in connection with the Routing Services it 
provides.
    Revenue generated from ORF, when combined with all of the 
Exchange's other regulatory fees and fines, is designed to recover a 
material portion of the regulatory costs to the Exchange of the 
supervision and regulation of TPH customer options business. Regulatory 
costs include direct regulatory expenses and certain indirect expenses 
for work allocated in support of the regulatory function. The direct 
expenses include in-house and third party service provider costs to 
support the day to day regulatory work such as surveillances, 
investigations and examinations. The indirect expenses include support 
from such areas as human resources, legal, information technology and 
accounting. These indirect expenses are estimated to be approximately 
6% of C2 Options' total regulatory costs for 2018. Thus, direct 
expenses are estimated to be approximately 94% of total regulatory 
costs for 2018. In addition, it is C2 Options' practice that revenue 
generated from ORF not exceed more than 75% of total annual regulatory 
costs. These expectations are estimated, preliminary and may change. 
There can be no assurance that our final costs for 2018 will not differ 
materially from these expectations and prior practice; however, the 
Exchange believes that revenue generated from the ORF, when combined 
with all of the Exchange's other regulatory fees and fines, will cover 
a material portion, but not all, of the Exchange's regulatory costs.
    The Exchange also notes that its regulatory responsibilities with 
respect to TPH compliance with options sales practice rules have 
largely been allocated to FINRA under a 17d-2 agreement.\4\ The ORF is 
not designed to cover the cost of that options sales practice 
regulation.
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    \4\ See Securities Exchange Act Release No. 76309 (October 29, 
2015), 80 FR 68361 (November 4, 2015).
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    The Exchange will continue to monitor the amount of revenue 
collected from the ORF to ensure that it, in combination with its other 
regulatory fees and fines, does not exceed the Exchange's total 
regulatory costs. The Exchange monitors its regulatory costs and 
revenues at a minimum on a semi-annual basis. If the Exchange 
determines regulatory revenues exceed or are insufficient to cover a 
material portion of its regulatory costs, the Exchange will adjust the 
ORF by submitting a fee change filing to the Commission. The Exchange 
notifies TPHs of adjustments to the ORF via regulatory circular. The 
Exchange endeavors to provide TPHs with such notice at least 30 
calendar days prior to the effective date of the change.
    The Exchange lastly proposes a couple of minor clean up changes to 
the Fees Schedule. Particularly, the ORF is listed as being $.0015 per 
contract through January 31, 2018 and $0.0014 per contract effective 
February 1, 2018. As these dates have passed and the ORF is now simply 
$0.0011 per contract, the Exchange proposes to delete the reference to 
the ORF being $0.0015 per contract through January 31, 2018 and the 
February 1, 2018 effective date of the $0.0014 per contract ORF.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\5\ Specifically, the 
Exchange believes the proposed rule change is consistent with Section 
6(b)(4) of the Act,\6\ which provides that Exchange rules may provide 
for the equitable allocation of reasonable dues, fees, and other 
charges among its TPHs and other persons using its facilities. 
Additionally, the Exchange believes the proposed rule change is 
consistent with the Section 6(b)(5) \7\ requirement that the rules of 
an exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed fee change is reasonable because 
it would help ensure that revenue collected from the ORF, in 
combination with other regulatory fees and fines, does not exceed the 
Exchange's total regulatory costs. Moreover, the Exchange believes the 
ORF ensures fairness by assessing higher fees to those TPHs that 
require more Exchange regulatory services based on the amount of 
customer options business they conduct. Regulating customer trading 
activity is much more labor intensive and requires greater expenditure 
of human and technical resources than regulating non-customer trading 
activity, which tends to be more automated and less labor-intensive. As 
a result, the costs associated with administering the customer 
component of the Exchange's overall regulatory program are materially 
higher than the costs associated with administering the non-customer 
component (e.g., TPH proprietary transactions) of its regulatory 
program.\8\ The Exchange believes the proposed fee change is equitable 
and not unfairly discriminatory in that it is charged to all

[[Page 42725]]

TPHs on all their transactions that clear in the customer range at the 
OCC.
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    \8\ If the Exchange changes its method of funding regulation or 
if circumstances otherwise change in the future, the Exchange may 
decide to modify the ORF or assess a separate regulatory fee on TPH 
proprietary transactions if the Exchange deems it advisable.
---------------------------------------------------------------------------

    The Exchange believes the proposal to eliminate obsolete language 
with respect to past ORF rates maintains clarity in the rules and 
alleviates potential confusion, thereby protecting investors and the 
public interest.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. This proposal does not create 
an unnecessary or inappropriate intra-market burden on competition 
because the ORF applies to all customer activity, thereby raising 
regulatory revenue to offset regulatory expenses. It also supplements 
the regulatory revenue derived from non-customer activity. This 
proposal does not create an unnecessary or inappropriate inter-market 
burden on competition because it is a regulatory fee that supports 
regulation in furtherance of the purposes of the Act. The Exchange is 
obligated to ensure that the amount of regulatory revenue collected 
from the ORF, in combination with its other regulatory fees and fines, 
does not exceed regulatory costs.

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

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

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \9\ and paragraph (f) of Rule 19b-4 \10\ 
thereunder. 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 necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission will institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File No. SR-C2-2018-017 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 No. SR-C2-2018-017. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File No. SR-C2-2018-017, and should be submitted on or 
before September 13, 2018.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-18161 Filed 8-22-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                           Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices                                                 42723

                                                  The Nasdaq Exchanges represent that                  such exemption in 2010, the                           conditioned upon the Nasdaq
                                               the BX Rule 8000 and 9000 Series are                    Commission repeated a prior, 2004                     Exchanges promptly providing written
                                               not trading rules. Moreover, the Nasdaq                 Commission statement that it would                    notice to their members whenever the
                                               Exchanges state that in each instance,                  consider similar future exemption                     BX changes a rule that the Nasdaq
                                               the Nasdaq Exchanges propose to                         requests from other self-regulatory                   Exchanges have incorporated by
                                               incorporate by reference categories of                  organizations (‘‘SROs’’), provided that:              reference.
                                               rules (rather than individual rules                        • An SRO wishing to incorporate                      Accordingly, it is ordered, pursuant to
                                               within a category) that are regulatory in               rules of another SRO by reference has                 Section 36 of the Exchange Act,14 that
                                               nature. The Nasdaq Exchanges will, as                   submitted a written request for an order              the Nasdaq Exchanges are exempt from
                                               a condition of this exemption, provide                  exempting it from the requirement in                  the rule filing requirements of Section
                                               written notice to their members                         Section 19(b) of the Exchange Act to file             19(b) of the Exchange Act solely with
                                               whenever BX proposes a change to its                    proposed rule changes relating to the                 respect to changes to the rules identified
                                               Rule 8000 and 9000 Series.7 Such notice                 rules incorporated by reference, has                  in their request that incorporate by
                                               will alert the members of each Nasdaq                   identified the applicable originating                 reference certain BX rules that are the
                                               Exchange to the proposed rule change                    SRO(s), together with the rules it wants              result of changes to such BX rules,
                                               and give them an opportunity to                         to incorporate by reference, and                      provided that the Nasdaq Exchanges
                                               comment on the proposal. The Nasdaq                     otherwise has complied with the                       promptly provide written notice to their
                                               Exchanges state that they will also                     procedural requirements set forth in the              members whenever the BX proposes to
                                               inform members in writing when the                      Commission’s release governing                        change a rule that the Nasdaq Exchanges
                                               Commission approves any such                            procedures for requesting exemptive                   have incorporated by reference.
                                               proposed changes.8                                      orders pursuant to Rule 0–12 under the                  For the Commission, by the Division of
                                                  The Nasdaq Exchanges believe this                    Exchange Act; 11                                      Trading and Markets, pursuant to delegated
                                               exemption is necessary and appropriate,                    • The incorporating SRO has                        authority.15
                                               because it will result in the Nasdaq                    requested incorporation of categories of              Eduardo A. Aleman,
                                               Exchanges’ rules being consistent with                  rules (rather than individual rules                   Assistant Secretary.
                                               the relevant cross-referenced BX rules at               within a category) that are not trading               [FR Doc. 2018–18278 Filed 8–22–18; 8:45 am]
                                               all times, thus ensuring that the Nasdaq                rules (e.g., the SRO has requested                    BILLING CODE 8011–01–P
                                               Exchanges and BX maintain a                             incorporation of rules such as margin,
                                               harmonious system of investigating,                     suitability, or arbitration); and
                                               disciplining, and adjudicating the rights                  • The incorporating SRO has                        SECURITIES AND EXCHANGE
                                               of their respective members, associated                 reasonable procedures in place to                     COMMISSION
                                               persons, and other persons subject to                   provide written notice to its members
                                               their jurisdiction. Without such an                     each time a change is proposed to the                 [Release No. 34–83876; File No. SR–C2–
                                               exemption, members of the Nasdaq                                                                              2018–017]
                                                                                                       incorporated rules of another SRO.12
                                               Exchanges and BX could become subject                      The Commission believes that the
                                               to different standards for investigations                                                                     Self-Regulatory Organizations; Cboe
                                                                                                       Nasdaq Exchanges have satisfied each of               C2 Exchange, Inc.; Notice of Filing and
                                               and disciplinary actions.9                              these conditions. The Commission also
                                                  The Commission has issued                                                                                  Immediate Effectiveness of a Proposed
                                                                                                       believes that granting the Nasdaq                     Rule Change To Amend the Options
                                               exemptions similar to the Nasdaq                        Exchanges an exemption from the rule
                                               Exchanges’ request.10 In granting one                                                                         Regulatory Fee
                                                                                                       filing requirements under Section 19(b)
                                                                                                       of the Exchange Act will promote                      August 17, 2018.
                                                 7 The Nasdaq Exchanges state that they will
                                                                                                       efficient use of Commission and Nasdaq                   Pursuant to Section 19(b)(1) of the
                                               provide such notice on their websites in the same
                                               section they use to post their own proposed rule        Exchange resources by avoiding                        Securities Exchange Act of 1934 (the
                                               change filings pursuant to Rule 19b–4(l) within the     duplicative rule filings based on                     ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               timeframe required by such Rule. In addition, the       simultaneous changes to identical rule                notice is hereby given that on August 9,
                                               Nasdaq Exchanges state that their website will also                                                           2018, Cboe C2 Exchange, Inc. (the
                                               include a link to the BX website where the
                                                                                                       text sought by more than one SRO.13
                                               proposed rule change filings are located. Id. at 3.     The Commission therefore finds it                     ‘‘Exchange’’ or ‘‘C2’’) filed with the
                                                 8 Id.                                                 appropriate in the public interest and                Securities and Exchange Commission
                                                 9 Id. at 2.                                           consistent with the protection of                     (the ‘‘Commission’’) the proposed rule
                                                 10 See, e.g., Securities Exchange Act Release Nos.
                                                                                                       investors to exempt the Nasdaq                        change as described in Items I, II, and
                                               80338 (March 29, 2017), 82 FR 16464 (April 4,           Exchanges from the rule filing                        III below, which Items have been
                                               2017) (order granting exemptive request from MIAX
                                               PEARL, LLC relating to rules of Miami International     requirements under Section 19(b) of the               prepared by the Exchange. The
                                               Securities Exchange, LLC incorporated by                Exchange Act with respect to the above-               Commission is publishing this notice to
                                               reference); 72650 (July 22, 2014), 79 FR 44075 (July    described rules they have incorporated                solicit comments on the proposed rule
                                               29, 2014) (order granting exemptive requests from       by reference. This exemption is                       change from interested persons.
                                               NASDAQ OMX BX, Inc. and the NASDAQ Stock
                                               Market LLC relating to rules of NASDAQ OMX
                                                                                                          11 See 17 CFR 240.0–12 and Securities Exchange
                                                                                                                                                             I. Self-Regulatory Organization’s
                                               PHLX LLC incorporated by reference); 67256 (June                                                              Statement of the Terms of Substance of
                                               26, 2012), 77 FR 39277, 39286 (July 2, 2012) (order     Act Release No. 39624 (February 5, 1998), 63 FR
                                               approving SR–BX–2012–030 and granting                   8101 (February 18, 1998) (‘‘Commission Procedures     the Proposed Rule Change
                                               exemptive request relating to rules incorporated by     for Filing Applications for Orders for Exemptive
                                                                                                       Relief Pursuant to Section 36 of the Exchange Act;
                                                                                                                                                                The Exchange proposes to amend its
                                               reference by the BX Options rules); 61534 (February
                                               18, 2010), 75 FR 8760 (February 25, 2010) (order        Final Rule’’).                                        Fees Schedule relating to the Options
                                                                                                                                                             Regulatory Fee.
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                          12 See BATS Options Market Order, supra note 10
                                               granting BATS Exchange, Inc.’s exemptive request
                                               relating to rules incorporated by reference by the      (citing Securities Exchange Act Release No. 49260        The text of the proposed rule change
                                               BATS Exchange Options Market rules) (‘‘BATS             (February 17, 2004), 69 FR 8500 (February 24, 2004)   is also available on the Exchange’s
                                               Options Market Order’’); and 57478 (March 12,           (order granting exemptive request relating to rules
                                               2008), 73 FR 14521, 14539–40 (March 18, 2008)           incorporated by reference by several SROs) (‘‘2004
                                                                                                                                                               14 15 U.S.C. 78mm.
                                               (order approving SR–NASDAQ–2007–004 and SR–             Order’’)).
                                                                                                          13 See BATS Options Market Order, supra note         15 17 CFR 200.30–3(a)(76).
                                               NASDAQ–2007–080, and granting exemptive
                                                                                                                                                               1 15 U.S.C. 78s(b)(1).
                                               request relating to rules incorporated by reference     10, 75 FR at 8761; see also 2004 Order, supra note
                                               by The NASDAQ Options Market).                          12, 69 FR at 8502.                                      2 17 CFR 240.19b–4.




                                          VerDate Sep<11>2014   19:43 Aug 22, 2018   Jkt 244001   PO 00000   Frm 00088   Fmt 4703   Sfmt 4703   E:\FR\FM\23AUN1.SGM    23AUN1


                                               42724                       Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices

                                               website (http://www.c2exchange.com/                     customer options business. Regulatory                 per contract effective February 1, 2018.
                                               Legal/), at the Exchange’s Office of the                costs include direct regulatory expenses              As these dates have passed and the ORF
                                               Secretary, and at the Commission’s                      and certain indirect expenses for work                is now simply $0.0011 per contract, the
                                               Public Reference Room.                                  allocated in support of the regulatory                Exchange proposes to delete the
                                                                                                       function. The direct expenses include                 reference to the ORF being $0.0015 per
                                               II. Self-Regulatory Organization’s                      in-house and third party service                      contract through January 31, 2018 and
                                               Statement of the Purpose of, and                        provider costs to support the day to day              the February 1, 2018 effective date of
                                               Statutory Basis for, the Proposed Rule                  regulatory work such as surveillances,                the $0.0014 per contract ORF.
                                               Change                                                  investigations and examinations. The
                                                  In its filing with the Commission, the                                                                     2. Statutory Basis
                                                                                                       indirect expenses include support from
                                               Exchange included statements                            such areas as human resources, legal,                    The Exchange believes the proposed
                                               concerning the purpose of and basis for                 information technology and accounting.                rule change is consistent with the
                                               the proposed rule change and discussed                  These indirect expenses are estimated to              Securities Exchange Act of 1934 (the
                                               any comments it received on the                         be approximately 6% of C2 Options’                    ‘‘Act’’) and the rules and regulations
                                               proposed rule change. The text of these                 total regulatory costs for 2018. Thus,                thereunder applicable to the Exchange
                                               statements may be examined at the                       direct expenses are estimated to be                   and, in particular, the requirements of
                                               places specified in Item IV below. The                  approximately 94% of total regulatory                 Section 6(b) of the Act.5 Specifically,
                                               Exchange has prepared summaries, set                    costs for 2018. In addition, it is C2                 the Exchange believes the proposed rule
                                               forth in sections A, B, and C below, of                 Options’ practice that revenue generated              change is consistent with Section 6(b)(4)
                                               the most significant aspects of such                    from ORF not exceed more than 75% of                  of the Act,6 which provides that
                                               statements.                                             total annual regulatory costs. These                  Exchange rules may provide for the
                                                                                                       expectations are estimated, preliminary               equitable allocation of reasonable dues,
                                               A. Self-Regulatory Organization’s                                                                             fees, and other charges among its TPHs
                                               Statement of the Purpose of, and the                    and may change. There can be no
                                                                                                       assurance that our final costs for 2018               and other persons using its facilities.
                                               Statutory Basis for, the Proposed Rule                                                                        Additionally, the Exchange believes the
                                               Change                                                  will not differ materially from these
                                                                                                       expectations and prior practice;                      proposed rule change is consistent with
                                               1. Purpose                                              however, the Exchange believes that                   the Section 6(b)(5) 7 requirement that
                                                                                                       revenue generated from the ORF, when                  the rules of an exchange not be designed
                                                  The Exchange proposes to decrease
                                                                                                       combined with all of the Exchange’s                   to permit unfair discrimination between
                                               the Options Regulatory Fee (‘‘ORF’’)
                                                                                                       other regulatory fees and fines, will                 customers, issuers, brokers, or dealers.
                                               from $.0014 per contract to $.0011 per                                                                           The Exchange believes the proposed
                                               contract in order to help ensure that                   cover a material portion, but not all, of
                                                                                                       the Exchange’s regulatory costs.                      fee change is reasonable because it
                                               revenue collected from the ORF, in                                                                            would help ensure that revenue
                                               combination with other regulatory fees                     The Exchange also notes that its
                                                                                                       regulatory responsibilities with respect              collected from the ORF, in combination
                                               and fines, meets the Exchange’s total                                                                         with other regulatory fees and fines,
                                               regulatory costs.3                                      to TPH compliance with options sales
                                                                                                       practice rules have largely been                      does not exceed the Exchange’s total
                                                  The ORF is assessed by C2 Options to                                                                       regulatory costs. Moreover, the
                                               each Trading Permit Holder (‘‘TPH’’) for                allocated to FINRA under a 17d-2
                                                                                                       agreement.4 The ORF is not designed to                Exchange believes the ORF ensures
                                               options transactions cleared by the TPH                                                                       fairness by assessing higher fees to those
                                               that are cleared by the Options Clearing                cover the cost of that options sales
                                                                                                       practice regulation.                                  TPHs that require more Exchange
                                               Corporation (OCC) in the customer                                                                             regulatory services based on the amount
                                               range, regardless of the exchange on                       The Exchange will continue to
                                                                                                       monitor the amount of revenue                         of customer options business they
                                               which the transaction occurs. In other                                                                        conduct. Regulating customer trading
                                               words, the Exchange imposes the ORF                     collected from the ORF to ensure that it,
                                                                                                       in combination with its other regulatory              activity is much more labor intensive
                                               on all customer-range transactions                                                                            and requires greater expenditure of
                                               cleared by a TPH, even if the                           fees and fines, does not exceed the
                                                                                                       Exchange’s total regulatory costs. The                human and technical resources than
                                               transactions do not take place on the                                                                         regulating non-customer trading
                                               Exchange. The ORF is collected by OCC                   Exchange monitors its regulatory costs
                                                                                                       and revenues at a minimum on a semi-                  activity, which tends to be more
                                               on behalf of the Exchange from the                                                                            automated and less labor-intensive. As a
                                               Clearing Trading Permit Holder                          annual basis. If the Exchange
                                                                                                       determines regulatory revenues exceed                 result, the costs associated with
                                               (‘‘CTPH’’) or non-CTPH that ultimately                                                                        administering the customer component
                                               clears the transaction. With respect to                 or are insufficient to cover a material
                                                                                                       portion of its regulatory costs, the                  of the Exchange’s overall regulatory
                                               linkage transactions, C2 Options                                                                              program are materially higher than the
                                               reimburses its routing broker providing                 Exchange will adjust the ORF by
                                                                                                       submitting a fee change filing to the                 costs associated with administering the
                                               Routing Services pursuant to C2                                                                               non-customer component (e.g., TPH
                                               Options Rule 6.15 for options regulatory                Commission. The Exchange notifies
                                                                                                       TPHs of adjustments to the ORF via                    proprietary transactions) of its
                                               fees it incurs in connection with the                                                                         regulatory program.8 The Exchange
                                               Routing Services it provides.                           regulatory circular. The Exchange
                                                                                                       endeavors to provide TPHs with such                   believes the proposed fee change is
                                                  Revenue generated from ORF, when
                                                                                                       notice at least 30 calendar days prior to             equitable and not unfairly
                                               combined with all of the Exchange’s
                                                                                                       the effective date of the change.                     discriminatory in that it is charged to all
                                               other regulatory fees and fines, is
                                               designed to recover a material portion of                  The Exchange lastly proposes a
                                                                                                                                                               5 15  U.S.C. 78f(b).
                                                                                                       couple of minor clean up changes to the
daltland on DSKBBV9HB2PROD with NOTICES




                                               the regulatory costs to the Exchange of                                                                         6 15  U.S.C. 78f(b)(4).
                                               the supervision and regulation of TPH                   Fees Schedule. Particularly, the ORF is
                                                                                                                                                               7 15 U.S.C. 78f(b)(5).
                                                                                                       listed as being $.0015 per contract                     8 If the Exchange changes its method of funding
                                                 3 The Exchange initially filed the proposed fee       through January 31, 2018 and $0.0014                  regulation or if circumstances otherwise change in
                                               change on August 1, 2018 (SR–C2–2018–016) for                                                                 the future, the Exchange may decide to modify the
                                               August 1, 2018 effectiveness. On business date            4 See Securities Exchange Act Release No. 76309     ORF or assess a separate regulatory fee on TPH
                                               August 9, 2018, the Exchange withdrew that filing       (October 29, 2015), 80 FR 68361 (November 4,          proprietary transactions if the Exchange deems it
                                               and submitted this filing.                              2015).                                                advisable.



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                                                                               Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices                                                 42725

                                               TPHs on all their transactions that clear                  IV. Solicitation of Comments                             For the Commission, by the Division of
                                               in the customer range at the OCC.                                                                                 Trading and Markets, pursuant to delegated
                                                                                                            Interested persons are invited to                    authority.11
                                                  The Exchange believes the proposal to                   submit written data, views, and                        Eduardo A. Aleman,
                                               eliminate obsolete language with respect                   arguments concerning the foregoing,                    Assistant Secretary.
                                               to past ORF rates maintains clarity in                     including whether the proposed rule                    [FR Doc. 2018–18161 Filed 8–22–18; 8:45 am]
                                               the rules and alleviates potential                         change is consistent with the Act.                     BILLING CODE 8011–01–P
                                               confusion, thereby protecting investors                    Comments may be submitted by any of
                                               and the public interest.                                   the following methods:
                                               B. Self-Regulatory Organization’s                                                                                 SECURITIES AND EXCHANGE
                                                                                                          Electronic Comments
                                               Statement on Burden on Competition                                                                                COMMISSION
                                                                                                            • Use the Commission’s internet                      [Release No. 34–83870; File No. SR–CBOE–
                                                  The Exchange does not believe that                      comment form (http://www.sec.gov/                      2018–056]
                                               the proposed rule change will impose                       rules/sro.shtml); or
                                               any burden on competition not                                                                                     Self-Regulatory Organizations; Cboe
                                               necessary or appropriate in furtherance                      • Send an email to rule-comments@
                                                                                                          sec.gov. Please include File No. SR–C2–                Exchange, Inc.; Notice of Filing of a
                                               of the purposes of the Act. This                                                                                  Proposed Rule Change To Adopt
                                               proposal does not create an unnecessary                    2018–017 on the subject line.
                                                                                                                                                                 Exchange Rule 6.57, Risk-Weighted
                                               or inappropriate intra-market burden on                    Paper Comments                                         Assets (‘‘RWA’’) Transactions
                                               competition because the ORF applies to
                                               all customer activity, thereby raising                       • Send paper comments in triplicate                  August 17, 2018.
                                               regulatory revenue to offset regulatory                    to Secretary, Securities and Exchange                     Pursuant to Section 19(b)(1) of the
                                               expenses. It also supplements the                          Commission, 100 F Street NE,                           Securities Exchange Act of 1934 (the
                                               regulatory revenue derived from non-                       Washington, DC 20549–1090.                             ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               customer activity. This proposal does                                                                             notice is hereby given that on August 8,
                                                                                                          All submissions should refer to File No.               2018, Cboe Exchange, Inc. (the
                                               not create an unnecessary or                               SR–C2–2018–017. This file number
                                               inappropriate inter-market burden on                                                                              ‘‘Exchange’’ or ‘‘Cboe Options’’) filed
                                                                                                          should be included on the subject line                 with the Securities and Exchange
                                               competition because it is a regulatory                     if email is used. To help the
                                               fee that supports regulation in                                                                                   Commission (the ‘‘Commission’’) the
                                                                                                          Commission process and review your                     proposed rule change as described in
                                               furtherance of the purposes of the Act.                    comments more efficiently, please use
                                               The Exchange is obligated to ensure that                                                                          Items I, II, and III below, which Items
                                                                                                          only one method. The Commission will                   have been prepared by the Exchange.
                                               the amount of regulatory revenue                           post all comments on the Commission’s
                                               collected from the ORF, in combination                                                                            The Commission is publishing this
                                                                                                          internet website (http://www.sec.gov/                  notice to solicit comments on the
                                               with its other regulatory fees and fines,                  rules/sro.shtml). Copies of the                        proposed rule change from interested
                                               does not exceed regulatory costs.                          submission, all subsequent                             persons.
                                               C. Self-Regulatory Organization’s                          amendments, all written statements
                                                                                                          with respect to the proposed rule                      I. Self-Regulatory Organization’s
                                               Statement on Comments on the                                                                                      Statement of the Terms of Substance of
                                               Proposed Rule Change Received From                         change that are filed with the
                                                                                                                                                                 the Proposed Rule Change
                                               Members, Participants, or Others                           Commission, and all written
                                                                                                          communications relating to the                            The Exchange proposes to amend its
                                                 The Exchange neither solicited nor                       proposed rule change between the                       rules to adopt Rule 6.57 to facilitate the
                                               received comments on the proposed                          Commission and any person, other than                  reduction of SPX options positions
                                               rule change.                                               those that may be withheld from the                    maintained by Cboe Options Market-
                                                                                                          public in accordance with the                          Makers.
                                               III. Date of Effectiveness of the                                                                                    The text of the proposed rule change
                                               Proposed Rule Change and Timing for                        provisions of 5 U.S.C. 552, will be
                                                                                                          available for website viewing and                      is also available on the Exchange’s
                                               Commission Action                                                                                                 website (http://www.cboe.com/
                                                                                                          printing in the Commission’s Public
                                                  The foregoing rule change has become                    Reference Room, 100 F Street NE,                       AboutCBOE/CBOELegalRegulatory
                                                                                                          Washington, DC 20549, on official                      Home.aspx), at the Exchange’s Office of
                                               effective pursuant to Section 19(b)(3)(A)
                                                                                                          business days between the hours of                     the Secretary, and at the Commission’s
                                               of the Act 9 and paragraph (f) of Rule
                                                                                                          10:00 a.m. and 3:00 p.m. Copies of the                 Public Reference Room.
                                               19b–4 10 thereunder. At any time within
                                               60 days of the filing of the proposed rule                 filing also will be available for                      II. Self-Regulatory Organization’s
                                               change, the Commission summarily may                       inspection and copying at the principal                Statement of the Purpose of, and
                                               temporarily suspend such rule change if                    office of the Exchange. All comments                   Statutory Basis for, the Proposed Rule
                                               it appears to the Commission that such                     received will be posted without change.                Change
                                               action is necessary or appropriate in the                  Persons submitting comments are                           In its filing with the Commission, the
                                               public interest, for the protection of                     cautioned that we do not redact or edit                Exchange included statements
                                               investors, or otherwise in furtherance of                  personal identifying information from                  concerning the purpose of and basis for
                                               the purposes of the Act. If the                            comment submissions. You should                        the proposed rule change and discussed
                                               Commission takes such action, the                          submit only information that you wish                  any comments it received on the
daltland on DSKBBV9HB2PROD with NOTICES




                                               Commission will institute proceedings                      to make available publicly. All                        proposed rule change. The text of these
                                               to determine whether the proposed rule                     submissions should refer to File No.                   statements may be examined at the
                                               change should be approved or                               SR–C2–2018–017, and should be                          places specified in Item IV below. The
                                               disapproved.                                               submitted on or before September 13,                   Exchange has prepared summaries, set
                                                                                                          2018.
                                                 9 15   U.S.C. 78s(b)(3)(A).                                                                                       1 15   U.S.C. 78s(b)(1).
                                                 10 17   CFR 240.19b–4(f).                                  11 17   CFR 200.30–3(a)(12).                           2 17   CFR 240.19b–4.



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Document Created: 2018-08-23 00:34:19
Document Modified: 2018-08-23 00:34:19
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 42723 

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