83_FR_42903 83 FR 42739 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Options Regulatory Fee

83 FR 42739 - Self-Regulatory Organizations; Cboe BZX 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 Range42739-42741
FR Document2018-18164

Federal Register, Volume 83 Issue 164 (Thursday, August 23, 2018)
[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Notices]
[Pages 42739-42741]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18164]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83879; File No. SR-CboeBZX-2018-063]


Self-Regulatory Organizations; Cboe BZX 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 10, 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, II 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated the proposed rule change as one establishing or 
changing a member due, fee, or other charge imposed by the Exchange 
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders the proposed rule change 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)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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Self-Regulatory Organization's Statement of the Terms of Substance of 
the Proposed Rule Change

    The Exchange filed a proposal to amend its fee schedule related to 
the Options Regulatory Fee.
    The text of the proposed rule change is available at the Exchange's 
website at www.markets.cboe.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to modify the fee schedule applicable to the 
Exchange's options platform (``BZX Options'') to amend the rate of its 
Options Regulatory Fee (``ORF'').\5\ Currently, the Exchange charges an 
ORF in the amount of $0.0005 per contract side. The Exchange proposes 
to decrease the amount of ORF from $0.0005 per contract side to $0.0002 
per contract side. The proposed change to ORF should continue to 
balance the Exchange's regulatory expenses against the anticipated 
revenue.
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    \5\ The Exchange initially filed the proposed fee change on 
August 1, 2018 (SR-CboeEDGX-2018-028) for August 1, 2018 
effectiveness. On business date August 9, 2018, the Exchange 
withdrew that SR-CboeBZX-2018-055 and submitted SR-CboeBZX-2018-062 
in its place. On business date August 10, 2018 the Exchange withdrew 
SR-CboeBZX-2018-062 and submitted this filing.
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    The ORF is assessed by the Exchange on each Member for options 
transactions cleared by the Member 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 Member, 
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 Member or 
non-Clearing Member that ultimately clears the transaction. With 
respect to linkage transactions, the Exchange reimburses its routing 
broker providing Routing Services 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 Member 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 10% of BZX Options' total regulatory costs for 2018. 
Thus, direct expenses are estimated to be approximately 90% of total 
regulatory costs for 2018. In addition, it is BZX 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.\6\
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    \6\ The Exchange notes that its regulatory responsibilities with 
respect to compliance with options sales practice rules has been 
allocated to the Financial Industry Regulatory Authority, Inc. 
(``FINRA'') under a 17d-2 Agreement. The ORF is not designed to 
cover the cost of options sales practice regulation.
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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

[[Page 42740]]

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 Members of adjustments to the ORF via regulatory circular. The 
Exchange provides Members 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 $0.0009 per 
contract through January 31, 2018 and $0.0005 per contract effective 
February 1, 2018. As these dates have passed and the ORF is now simply 
$0.0002 per contract, the Exchange proposes to delete the reference to 
the ORF being $0.0009 per contract through January 31, 2018 and the 
February 1, 2018 effective date of the $0.0005 per contract ORF.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder that are applicable to a national securities exchange, and, 
in particular, with the requirements of Section 6 of the Act.\7\ 
Specifically, the Exchange believes that the proposed rule change is 
consistent with Section 6(b)(4) of the Act,\8\ in that it provides for 
the equitable allocation of reasonable dues, fees and other charges 
among members and other persons using its facilities. The Exchange 
notes that it operates in a highly competitive market in which market 
participants can readily direct order flow to competing venues or 
providers of routing services if they deem fee levels to be excessive.
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    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes the decreased ORF is equitable and not 
unfairly discriminatory because it would be objectively allocated to 
Members in that it would be charged to all Members on all their 
transactions that clear as customer transactions at the OCC. The 
Exchange believes that decreasing the ORF is reasonable because the 
Exchange's collection of ORF needs to be balanced against the amount of 
regulatory revenue collected by the Exchange. The Exchange believes 
that the proposed adjustment noted herein will serve to continue to 
balance the Exchange's regulatory revenue against its anticipated 
regulatory costs.
    The Exchange has designed the ORF to generate revenues that, when 
combined with all of the Exchange's other regulatory fees, will be less 
than or equal to the Exchange's regulatory costs, which is consistent 
with the Commission's view that regulatory fees be used for regulatory 
purposes and not to support the Exchange's business side. In this 
regard, the Exchange believes that the decreased level of the fee is 
reasonable and appropriate.
    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 has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any written comments from members or other interested parties.

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 
thereunder.\10\ 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.
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    \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 [email protected]. Please include 
File No. SR-CboeBZX-2018-063 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-CboeBZX-2018-063. 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-CboeBZX-2018-063, and should be submitted 
on or before September 13, 2018.


[[Page 42741]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-18164 Filed 8-22-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices                                                   42739

                                               proposed rule change between the                         proposed rule change effective upon                   words, the Exchange imposes the ORF
                                               Commission and any person, other than                    filing with the Commission. The                       on all customer-range transactions
                                               those that may be withheld from the                      Commission is publishing this notice to               cleared by a Member, even if the
                                               public in accordance with the                            solicit comments on the proposed rule                 transactions do not take place on the
                                               provisions of 5 U.S.C. 552, will be                      change from interested persons.                       Exchange. The ORF is collected by OCC
                                               available for website viewing and                                                                              on behalf of the Exchange from the
                                                                                                        Self-Regulatory Organization’s
                                               printing in the Commission’s Public                                                                            Clearing Member or non-Clearing
                                                                                                        Statement of the Terms of Substance of
                                               Reference Room, 100 F Street NE,                                                                               Member that ultimately clears the
                                                                                                        the Proposed Rule Change
                                               Washington, DC 20549, on official                                                                              transaction. With respect to linkage
                                               business days between the hours of                          The Exchange filed a proposal to                   transactions, the Exchange reimburses
                                               10:00 a.m. and 3:00 p.m. Copies of the                   amend its fee schedule related to the                 its routing broker providing Routing
                                               filing also will be available for                        Options Regulatory Fee.                               Services for options regulatory fees it
                                               inspection and copying at the principal                     The text of the proposed rule change               incurs in connection with the Routing
                                               office of the Exchange. All comments                     is available at the Exchange’s website at             Services it provides.
                                               received will be posted without change.                  www.markets.cboe.com, at the principal                   Revenue generated from ORF, when
                                               Persons submitting comments are                          office of the Exchange, and at the                    combined with all of the Exchange’s
                                               cautioned that we do not redact or edit                  Commission’s Public Reference Room.                   other regulatory fees and fines, is
                                               personal identifying information from                    II. Self-Regulatory Organization’s                    designed to recover a material portion of
                                               comment submissions. You should                          Statement of the Purpose of, and                      the regulatory costs to the Exchange of
                                               submit only information that you wish                    Statutory Basis for, the Proposed Rule                the supervision and regulation of
                                               to make available publicly. All                          Change                                                Member customer options business.
                                               submissions should refer to File No.                                                                           Regulatory costs include direct
                                               SR–CboeEDGX–2018–034, and should                            In its filing with the Commission, the             regulatory expenses and certain indirect
                                               be submitted on or before September 13,                  Exchange included statements                          expenses for work allocated in support
                                               2018.                                                    concerning the purpose of and basis for               of the regulatory function. The direct
                                                                                                        the proposed rule change and discussed                expenses include in-house and third
                                                 For the Commission, by the Division of
                                                                                                        any comments it received on the                       party service provider costs to support
                                               Trading and Markets, pursuant to delegated
                                               authority.11                                             proposed rule change. The text of these               the day to day regulatory work such as
                                               Eduardo A. Aleman,
                                                                                                        statements may be examined at the                     surveillances, investigations and
                                                                                                        places specified in Item IV below. The                examinations. The indirect expenses
                                               Assistant Secretary.
                                                                                                        Exchange has prepared summaries, set                  include support from such areas as
                                               [FR Doc. 2018–18166 Filed 8–22–18; 8:45 am]
                                                                                                        forth in Sections A, B, and C below, of               human resources, legal, information
                                               BILLING CODE 8011–01–P
                                                                                                        the most significant parts of such                    technology and accounting. These
                                                                                                        statements.                                           indirect expenses are estimated to be
                                               SECURITIES AND EXCHANGE                                  A. Self-Regulatory Organization’s                     approximately 10% of BZX Options’
                                               COMMISSION                                               Statement of the Purpose of, and the                  total regulatory costs for 2018. Thus,
                                                                                                        Statutory Basis for, the Proposed Rule                direct expenses are estimated to be
                                               [Release No. 34–83879; File No. SR–                                                                            approximately 90% of total regulatory
                                               CboeBZX–2018–063]                                        Change
                                                                                                                                                              costs for 2018. In addition, it is BZX
                                                                                                        1. Purpose                                            Options’ practice that revenue generated
                                               Self-Regulatory Organizations; Cboe
                                                                                                           The Exchange proposes to modify the                from ORF not exceed more than 75% of
                                               BZX Exchange, Inc.; Notice of Filing
                                                                                                        fee schedule applicable to the                        total annual regulatory costs. These
                                               and Immediate Effectiveness of a
                                                                                                        Exchange’s options platform (‘‘BZX                    expectations are estimated, preliminary
                                               Proposed Rule Change To Amend the
                                                                                                        Options’’) to amend the rate of its                   and may change. There can be no
                                               Options Regulatory Fee
                                                                                                        Options Regulatory Fee (‘‘ORF’’).5                    assurance that our final costs for 2018
                                               August 17, 2018.                                         Currently, the Exchange charges an ORF                will not differ materially from these
                                                  Pursuant to Section 19(b)(1) of the                   in the amount of $0.0005 per contract                 expectations and prior practice;
                                               Securities Exchange Act of 1934 (the                     side. The Exchange proposes to decrease               however, the Exchange believes that
                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2                   the amount of ORF from $0.0005 per                    revenue generated from the ORF, when
                                               notice is hereby given that on August                    contract side to $0.0002 per contract                 combined with all of the Exchange’s
                                               10, 2018, Cboe BZX Exchange, Inc. (the                   side. The proposed change to ORF                      other regulatory fees and fines, will
                                               ‘‘Exchange’’ or ‘‘BZX’’) filed with the                  should continue to balance the                        cover a material portion, but not all, of
                                               Securities and Exchange Commission                       Exchange’s regulatory expenses against                the Exchange’s regulatory costs.6
                                               (‘‘Commission’’) the proposed rule                       the anticipated revenue.                                 The Exchange will continue to
                                               change as described in Items I, II and III                  The ORF is assessed by the Exchange                monitor the amount of revenue
                                               below, which Items have been prepared                    on each Member for options                            collected from the ORF to ensure that it,
                                               by the Exchange. The Exchange has                        transactions cleared by the Member that               in combination with its other regulatory
                                               designated the proposed rule change as                   are cleared by the Options Clearing                   fees and fines, does not exceed the
                                               one establishing or changing a member                    Corporation (OCC) in the customer                     Exchange’s total regulatory costs. The
                                               due, fee, or other charge imposed by the                 range, regardless of the exchange on                  Exchange monitors its regulatory costs
                                               Exchange under Section 19(b)(3)(A)(ii)                   which the transaction occurs. In other                and revenues at a minimum on a semi-
                                               of the Act 3 and Rule 19b–4(f)(2)                                                                              annual basis. If the Exchange
daltland on DSKBBV9HB2PROD with NOTICES




                                               thereunder,4 which renders the                             5 The Exchange initially filed the proposed fee

                                                                                                        change on August 1, 2018 (SR–CboeEDGX–2018–              6 The Exchange notes that its regulatory

                                                                                                        028) for August 1, 2018 effectiveness. On business    responsibilities with respect to compliance with
                                                 11 17 CFR 200.30–3(a)(12).
                                                 1 15 U.S.C. 78s(b)(1).
                                                                                                        date August 9, 2018, the Exchange withdrew that       options sales practice rules has been allocated to
                                                                                                        SR–CboeBZX–2018–055 and submitted SR–                 the Financial Industry Regulatory Authority, Inc.
                                                 2 17 CFR 240.19b–4.
                                                                                                        CboeBZX–2018–062 in its place. On business date       (‘‘FINRA’’) under a 17d–2 Agreement. The ORF is
                                                 3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                        August 10, 2018 the Exchange withdrew SR–             not designed to cover the cost of options sales
                                                 4 17 CFR 240.19b–4(f)(2).                              CboeBZX–2018–062 and submitted this filing.           practice regulation.



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                                               42740                          Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices

                                               determines regulatory revenues exceed                      other regulatory fees, will be less than                 investors, or otherwise in furtherance of
                                               or are insufficient to cover a material                    or equal to the Exchange’s regulatory                    the purposes of the Act.
                                               portion of its regulatory costs, the                       costs, which is consistent with the
                                               Exchange will adjust the ORF by                            Commission’s view that regulatory fees                   IV. Solicitation of Comments
                                               submitting a fee change filing to the                      be used for regulatory purposes and not                    Interested persons are invited to
                                               Commission. The Exchange notifies                          to support the Exchange’s business side.                 submit written data, views, and
                                               Members of adjustments to the ORF via                      In this regard, the Exchange believes                    arguments concerning the foregoing,
                                               regulatory circular. The Exchange                          that the decreased level of the fee is                   including whether the proposed rule
                                               provides Members with such notice at                       reasonable and appropriate.                              change is consistent with the Act.
                                               least 30 calendar days prior to the                           The Exchange believes the proposal to                 Comments may be submitted by any of
                                               effective date of the change.                              eliminate obsolete language with respect
                                                                                                                                                                   the following methods:
                                                  The Exchange lastly proposes a                          to past ORF rates maintains clarity in
                                               couple of minor clean up changes to the                    the rules and alleviates potential                       Electronic Comments
                                               Fees Schedule. Particularly, the ORF is                    confusion, thereby protecting investors
                                               listed as being $0.0009 per contract                       and the public interest.                                   • Use the Commission’s internet
                                               through January 31, 2018 and $0.0005                                                                                comment form (http://www.sec.gov/
                                               per contract effective February 1, 2018.                   B. Self-Regulatory Organization’s                        rules/sro.shtml); or
                                               As these dates have passed and the ORF                     Statement on Burden on Competition
                                                                                                                                                                     • Send an email to rule-comments@
                                               is now simply $0.0002 per contract, the                       The Exchange does not believe that                    sec.gov. Please include File No. SR–
                                               Exchange proposes to delete the                            the proposed rule change will impose                     CboeBZX–2018–063 on the subject line.
                                               reference to the ORF being $0.0009 per                     any burden on competition not
                                               contract through January 31, 2018 and                      necessary or appropriate in furtherance                  Paper Comments
                                               the February 1, 2018 effective date of                     of the purposes of the Act. This
                                               the $0.0005 per contract ORF.                              proposal does not create an unnecessary                    • Send paper comments in triplicate
                                                                                                          or inappropriate intra-market burden on                  to Secretary, Securities and Exchange
                                               2. Statutory Basis                                                                                                  Commission, 100 F Street NE,
                                                                                                          competition because the ORF applies to
                                                  The Exchange believes that the                          all customer activity, thereby raising                   Washington, DC 20549–1090.
                                               proposed rule change is consistent with                    regulatory revenue to offset regulatory                  All submissions should refer to File No.
                                               the requirements of the Act and the                        expenses. It also supplements the                        SR–CboeBZX–2018–063. This file
                                               rules and regulations thereunder that                      regulatory revenue derived from non-                     number should be included on the
                                               are applicable to a national securities                    customer activity. This proposal does                    subject line if email is used. To help the
                                               exchange, and, in particular, with the                     not create an unnecessary or                             Commission process and review your
                                               requirements of Section 6 of the Act.7                     inappropriate inter-market burden on                     comments more efficiently, please use
                                               Specifically, the Exchange believes that                   competition because it is a regulatory                   only one method. The Commission will
                                               the proposed rule change is consistent                     fee that supports regulation in                          post all comments on the Commission’s
                                               with Section 6(b)(4) of the Act,8 in that                  furtherance of the purposes of the Act.                  internet website (http://www.sec.gov/
                                               it provides for the equitable allocation                   The Exchange is obligated to ensure that                 rules/sro.shtml). Copies of the
                                               of reasonable dues, fees and other                         the amount of regulatory revenue                         submission, all subsequent
                                               charges among members and other                            collected from the ORF, in combination                   amendments, all written statements
                                               persons using its facilities. The                          with its other regulatory fees and fines,                with respect to the proposed rule
                                               Exchange notes that it operates in a                       does not exceed regulatory costs.                        change that are filed with the
                                               highly competitive market in which
                                                                                                          C. Self-Regulatory Organization’s                        Commission, and all written
                                               market participants can readily direct
                                                                                                          Statement on Comments on the                             communications relating to the
                                               order flow to competing venues or
                                                                                                          Proposed Rule Change Received From                       proposed rule change between the
                                               providers of routing services if they
                                                                                                          Members, Participants, or Others                         Commission and any person, other than
                                               deem fee levels to be excessive.
                                                  The Exchange believes the decreased                                                                              those that may be withheld from the
                                                                                                            The Exchange has not solicited, and
                                               ORF is equitable and not unfairly                                                                                   public in accordance with the
                                                                                                          does not intend to solicit, comments on
                                               discriminatory because it would be                                                                                  provisions of 5 U.S.C. 552, will be
                                                                                                          this proposed rule change. The
                                               objectively allocated to Members in that                                                                            available for website viewing and
                                                                                                          Exchange has not received any written
                                               it would be charged to all Members on                                                                               printing in the Commission’s Public
                                                                                                          comments from members or other
                                               all their transactions that clear as                                                                                Reference Room, 100 F Street NE,
                                                                                                          interested parties.
                                               customer transactions at the OCC. The                                                                               Washington, DC 20549, on official
                                               Exchange believes that decreasing the                      III. Date of Effectiveness of the                        business days between the hours of
                                               ORF is reasonable because the                              Proposed Rule Change and Timing for                      10:00 a.m. and 3:00 p.m. Copies of the
                                               Exchange’s collection of ORF needs to                      Commission Action                                        filing also will be available for
                                               be balanced against the amount of                             The foregoing rule change has become                  inspection and copying at the principal
                                               regulatory revenue collected by the                        effective pursuant to Section 19(b)(3)(A)                office of the Exchange. All comments
                                               Exchange. The Exchange believes that                       of the Act 9 and paragraph (f) of Rule                   received will be posted without change.
                                               the proposed adjustment noted herein                       19b–4 thereunder.10 At any time within                   Persons submitting comments are
                                               will serve to continue to balance the                      60 days of the filing of the proposed rule               cautioned that we do not redact or edit
                                               Exchange’s regulatory revenue against                      change, the Commission summarily may                     personal identifying information from
daltland on DSKBBV9HB2PROD with NOTICES




                                               its anticipated regulatory costs.                          temporarily suspend such rule change if                  comment submissions. You should
                                                  The Exchange has designed the ORF                       it appears to the Commission that such                   submit only information that you wish
                                               to generate revenues that, when                            action is necessary or appropriate in the                to make available publicly. All
                                               combined with all of the Exchange’s                        public interest, for the protection of                   submissions should refer to File No.
                                                                                                                                                                   SR–CboeBZX–2018–063, and should be
                                                 7 15   U.S.C. 78f.                                         9   15 U.S.C. 78s(b)(3)(A).                            submitted on or before September 13,
                                                 8 15   U.S.C. 78f(b)(4).                                   10   17 CFR 240.19b–4(f).                              2018.


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                                                                           Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices                                                    42741

                                                 For the Commission, by the Division of                in Item IV below. FINRA has prepared                  amount of firms and service bureaus
                                               Trading and Markets, pursuant to delegated              summaries, set forth in sections A, B,                will continue to migrate to FIX.6 FINRA
                                               authority.11                                            and C below, of the most significant                  also believes that removing CTCI as a
                                               Eduardo A. Aleman,                                      aspects of such statements.                           means of connectivity will reduce
                                               Assistant Secretary.                                                                                          operational overhead and risk for
                                                                                                       A. Self-Regulatory Organization’s
                                               [FR Doc. 2018–18164 Filed 8–22–18; 8:45 am]
                                                                                                       Statement of the Purpose of, and the                  FINRA.
                                               BILLING CODE 8011–01–P
                                                                                                       Statutory Basis for, the Proposed Rule                   Accordingly, FINRA is proposing to
                                                                                                       Change                                                amend Rule 7730 to remove CTCI as a
                                                                                                                                                             means of connectivity for members to
                                               SECURITIES AND EXCHANGE                                 1. Purpose                                            report transactions to TRACE.7 FINRA
                                               COMMISSION                                                 FINRA is proposing to amend Rule                   intends to provide ample time, until
                                               [Release No. 34–83868; File No. SR–FINRA–               7730 (Trade Reporting and Compliance                  February 3, 2020, to allow firms that
                                               2018–030]                                               Engine (TRACE)) to remove Computer-                   still use CTCI as a means of connectivity
                                                                                                       to-Computer Interface (‘‘CTCI’’) as a                 to migrate, and will permit members to
                                               Self-Regulatory Organizations;                          technological means of connectivity for               migrate at any point throughout the
                                               Financial Industry Regulatory                           use in reporting transactions to TRACE.               implementation period. During that
                                               Authority, Inc.; Notice of Filing of a                     Technology and connectivity options                timeframe, FINRA also will engage in
                                               Proposed Rule Change To Amend                           have evolved since the inception of the               extensive outreach with the industry to
                                               FINRA Rule 7730 (Trade Reporting and                    TRACE system (at which time CTCI,                     assist in migration awareness and
                                               Compliance Engine (TRACE)) To                           rather than Financial Information                     efforts.8
                                               Remove Computer-to-Computer                             eXchange (‘‘FIX’’), was made available                   If the Commission approves the
                                               Interface as a Technological Option for                 for TRACE reporting purposes).3 FINRA                 proposed rule change, the effective date
                                               TRACE Reporting                                         has determined that it is now                         of the proposed rule change will be
                                                                                                       appropriate to remove CTCI—a Nasdaq                   February 3, 2020.
                                               August 17, 2018.                                        proprietary protocol—as a means of
                                                  Pursuant to Section 19(b)(1) of the                  connectivity. Accordingly, firms would                2. Statutory Basis
                                               Securities Exchange Act of 1934                         be required to report transactions to                    FINRA believes that the proposed rule
                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 TRACE using one of the remaining                      change is consistent with the provisions
                                               notice is hereby given that on August                   currently available options: (i) Web                  of Section 15A(b)(6) of the Act,9 which
                                               15, 2018, Financial Industry Regulatory                 browser access; (ii) FIX line access; or              requires, among other things, that
                                               Authority, Inc. (‘‘FINRA’’) filed with the              (iii) indirectly via third-party                      FINRA rules must be designed to
                                               Securities and Exchange Commission                      intermediaries (e.g., service bureaus).4              prevent fraudulent and manipulative
                                               (‘‘Commission’’) the proposed rule                         FINRA notes that FIX—an industry                   acts and practices, to promote just and
                                               change as described in Items I, II, and                 standard protocol—is an immediately                   equitable principles of trade, and, in
                                               III below, which Items have been                        available and viable alternative to CTCI              general, to protect investors and the
                                               prepared by FINRA. The Commission is                    that already is widely used by members.               public interest.
                                               publishing this notice to solicit                       Since adding FIX as a protocol for                       FINRA is proposing to amend Rule
                                               comments on the proposed rule change                    transaction reporting to TRACE in 2011                7730 to remove CTCI as a means of
                                               from interested persons.                                for Securitized Products (and for                     connectivity for members to report
                                               I. Self-Regulatory Organization’s                       corporates and Agency Debt Securities                 transactions to TRACE. FINRA does not
                                               Statement of the Terms of Substance of                  in 2012), approximately two thirds of                 believe the proposed rule change will
                                               the Proposed Rule Change                                firms with direct connections, and half               have a significant impact, as a majority
                                                                                                       of the service bureaus, have opted to                 of members already use FIX as a means
                                                  FINRA is proposing to amend FINRA                    migrate from CTCI to FIX. In fact, the                of connectivity to report trades to
                                               Rule 7730 to modify the technological                   majority of members that report trades                TRACE, and FINRA believes that an
                                               connectivity options available to                       to TRACE currently connect via FIX,5                  increasing amount of members and
                                               members for reporting transactions to                   and FINRA believes that an increasing                 service providers are migrating to
                                               TRACE.                                                                                                        exclusive use of FIX. FIX is an industry
                                                  The text of the proposed rule change                    3 See Securities Exchange Act Release No. 42201
                                                                                                                                                             standard protocol that is an immediately
                                               is available on FINRA’s website at                      (December 3, 1999), 64 FR 69305 (December 10,
                                                                                                                                                             available and viable alternative for the
                                               http://www.finra.org, at the principal                  1999) (Notice of Filing of File No. SR–NASD–99–
                                                                                                       65).                                                  minority of members who directly use
                                               office of FINRA and at the                                 4 See Rule 7730.                                   CTCI as a means of connectivity to
                                               Commission’s Public Reference Room.                        5 Currently, 61 members have direct FIX            report transactions to TRACE.
                                               II. Self-Regulatory Organization’s                      connections for TRACE reporting, 32 have direct
                                                                                                       CTCI connections, and 709 members have web
                                               Statement of the Purpose of, and                        browser access (the 709 firms with web browser
                                                                                                                                                               6 For example, members may report trades to the

                                               Statutory Basis for, the Proposed Rule                  access also may have CTCI or FIX access for           recently approved second FINRA/Nasdaq Trade
                                                                                                                                                             Reporting Facility via FIX but firms will not have
                                               Change                                                  connecting to TRACE). The top five members that
                                                                                                                                                             the option to report trades via CTCI. See Securities
                                                                                                       connect through CTCI for reporting transactions to
                                                 In its filing with the Commission,                    TRACE represent 63% of all TRACE reports              Exchange Act Release No. 83082 (April 20, 2018),
                                                                                                                                                             83 FR 18379 (April 26, 2018) (Notice of Filing of
                                               FINRA included statements concerning                    submitted directly using a CTCI connection. In
                                                                                                                                                             File No. SR–FINRA–2018–013).
                                               the purpose of and basis for the                        addition, five service bureaus report to TRACE
                                                                                                                                                               7 FINRA will be eliminating CTCI as a means of
                                                                                                       through CTCI connections and five report through
                                               proposed rule change and discussed any
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       FIX connections. The five service bureaus that use    connectivity for reporting to all FINRA trade
                                               comments it received on the proposed                    CTCI report transactions to TRACE on behalf of 191    reporting facilities.
                                                                                                                                                               8 In addition to general outreach (industry-wide
                                               rule change. The text of these statements               members in aggregate, with over 95% of these
                                                                                                       transaction reports received from one service         calls and a Technical Notice), FINRA will contact
                                               may be examined at the places specified                                                                       each individual firm that directly reports to TRACE
                                                                                                       bureau. For all TRACE-eligible securities,
                                                                                                       approximately 33% of all transaction reports are      via CTCI by email and telephone to provide
                                                 11 17 CFR 200.30–3(a)(12).                            received via CTCI, which consists of 23% submitted    information and assistance in connection with the
                                                 1 15 U.S.C. 78s(b)(1).                                                                                      migration.
                                                                                                       by members with direct CTCI connections and 10%
                                                 2 17 CFR 240.19b–4.                                   by service bureaus connected via CTCI.                  9 15 U.S.C. 78o–3(b)(6).




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Document Created: 2018-08-23 00:33:23
Document Modified: 2018-08-23 00:33:23
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 42739 

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