83_FR_42913 83 FR 42749 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Options Regulatory Fee

83 FR 42749 - Self-Regulatory Organizations; Cboe 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 Range42749-42751
FR Document2018-18162

Federal Register, Volume 83 Issue 164 (Thursday, August 23, 2018)
[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Notices]
[Pages 42749-42751]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18162]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83877; File No. SR-CBOE-2018-057]


Self-Regulatory Organizations; Cboe 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 Exchange, Inc. (the ``Exchange'' or ``Cboe 
Options'') 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 website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), 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 $0.0049 per contract to $0.0028 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-CBOE-2018-054) 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 Cboe Options to each Trading Permit Holder 
(``TPH'') for options transactions cleared by the TPH that are cleared 
by the Options

[[Page 42750]]

Clearing Corporation (``OCC'') in the customer range, regardless of the 
exchange on which the transaction occurs.\4\ 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, Cboe Options 
reimburses its routing broker providing Routing Services pursuant to 
Cboe Options Rule 6.14B for options regulatory fees it incurs in 
connection with the Routing Services it provides.
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    \4\ The ORF also applies to customer-range transactions executed 
during Extended Trading Hours.
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    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 
10% of Cboe 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 Cboe 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.\5\ The ORF is 
not designed to cover the cost of that options sales practice 
regulation.
---------------------------------------------------------------------------

    \5\ 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 $0.0081 per 
contract through January 31, 2018 and $0.0049 per contract effective 
February 1, 2018. As these dates have passed and the ORF is now simply 
$0.0028 per contract, the Exchange proposes to delete the reference to 
the ORF being $0.0081 per contract through January 31, 2018 and the 
February 1, 2018 effective date of the $0.0049 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.\6\ Specifically, the 
Exchange believes the proposed rule change is consistent with Section 
6(b)(4) of the Act,\7\ 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) \8\ requirement that the rules of 
an exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
    \8\ 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.\9\ The Exchange believes the proposed fee change is equitable 
and not unfairly discriminatory in that it is charged to all TPHs on 
all their transactions that clear in the customer range at the OCC.
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    \9\ 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.

[[Page 42751]]

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 \10\ and paragraph (f) of Rule 19b-4 \11\ 
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.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-CBOE-2018-057 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-CBOE-2018-057. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of 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-CBOE-2018-057, and should be submitted on 
or before September 13, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-18162 Filed 8-22-18; 8:45 am]
BILLING CODE 8011-01-P



                                                                           Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices                                                  42749

                                               the Operational Arrangements and the                    All submissions should refer to File                   ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               Fee Guide would have any impact on                      Number SR–DTC–2018–007. This file                      notice is hereby given that on August 9,
                                               competition 39 because it would merely                  number should be included on the                       2018, Cboe Exchange, Inc. (the
                                               update the Operational Arrangements                     subject line if email is used. To help the             ‘‘Exchange’’ or ‘‘Cboe Options’’) filed
                                               and the Fee Guide to make changes for                   Commission process and review your                     with the Securities and Exchange
                                               accuracy and clarity, and therefore                     comments more efficiently, please use                  Commission (the ‘‘Commission’’) the
                                               would not affect the rights and                         only one method. The Commission will                   proposed rule change as described in
                                               obligations of any Participant or other                 post all comments on the Commission’s                  Items I, II, and III below, which Items
                                               interested party.                                       internet website (http://www.sec.gov/                  have been prepared by the Exchange.
                                                                                                       rules/sro.shtml). Copies of the                        The Commission is publishing this
                                               (C) Clearing Agency’s Statement on                                                                             notice to solicit comments on the
                                                                                                       submission, all subsequent
                                               Comments on the Proposed Rule                                                                                  proposed rule change from interested
                                                                                                       amendments, all written statements
                                               Change Received From Members,                                                                                  persons.
                                                                                                       with respect to the proposed rule
                                               Participants, or Others
                                                                                                       change that are filed with the                         I. Self-Regulatory Organization’s
                                                 Written comments relating to this                     Commission, and all written                            Statement of the Terms of Substance of
                                               proposed rule change have not been                      communications relating to the                         the Proposed Rule Change
                                               solicited or received. DTC will notify                  proposed rule change between the
                                               the Commission of any written                           Commission and any person, other than                     The Exchange proposes to amend its
                                               comments received by DTC.                               those that may be withheld from the                    Fees Schedule relating to the Options
                                                                                                       public in accordance with the                          Regulatory Fee.
                                               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
                                                  Because the foregoing proposed rule                                                                         AboutCBOE/CBOELegalRegulatory
                                                                                                       Reference Room, 100 F Street NE,
                                               change does not:                                                                                               Home.aspx), at the Exchange’s Office of
                                                                                                       Washington, DC 20549 on official
                                                  (i) Significantly affect the protection                                                                     the Secretary, and at the Commission’s
                                                                                                       business days between the hours of
                                               of investors or the public interest;                                                                           Public Reference Room.
                                                                                                       10:00 a.m. and 3:00 p.m. Copies of the
                                                  (ii) impose any significant burden on                filing also will be available for                      II. Self-Regulatory Organization’s
                                               competition; and                                        inspection and copying at the principal                Statement of the Purpose of, and
                                                  (iii) become operative for 30 days                   office of DTC and on DTCC’s website                    Statutory Basis for, the Proposed Rule
                                               from the date on which it was filed, or                 (http://dtcc.com/legal/sec-rule-                       Change
                                               such shorter time as the Commission                     filings.aspx). All comments received
                                               may designate, it has become effective                                                                            In its filing with the Commission, the
                                                                                                       will be posted without change. Persons                 Exchange included statements
                                               pursuant to Section 19(b)(3)(A) of the                  submitting comments are cautioned that
                                               Act and Rule 19b–4(f)(6) thereunder.                                                                           concerning the purpose of and basis for
                                                                                                       we do not redact or edit personal                      the proposed rule change and discussed
                                                  At any time within 60 days of the                    identifying information from comment
                                               filing of the proposed rule change, the                                                                        any comments it received on the
                                                                                                       submissions. You should submit only                    proposed rule change. The text of these
                                               Commission summarily may                                information that you wish to make
                                               temporarily suspend such rule change if                                                                        statements may be examined at the
                                                                                                       available publicly. All submissions                    places specified in Item IV below. The
                                               it appears to the Commission that such                  should refer to File Number SR–DTC–
                                               action is necessary or appropriate in the                                                                      Exchange has prepared summaries, set
                                                                                                       2018–007 and should be submitted on                    forth in sections A, B, and C below, of
                                               public interest, for the protection of                  or before September 13, 2018.                          the most significant aspects of such
                                               investors, or otherwise in furtherance of
                                                                                                         For the Commission, by the Division of               statements.
                                               the purposes of the Act.
                                                                                                       Trading and Markets, pursuant to delegated
                                                                                                                                                              A. Self-Regulatory Organization’s
                                               IV. Solicitation of Comments                            authority.40
                                                                                                                                                              Statement of the Purpose of, and the
                                                 Interested persons are invited to                     Eduardo A. Aleman,
                                                                                                                                                              Statutory Basis for, the Proposed Rule
                                               submit written data, views and                          Assistant Secretary.                                   Change
                                               arguments concerning the foregoing,                     [FR Doc. 2018–18159 Filed 8–22–18; 8:45 am]
                                               including whether the proposed rule                     BILLING CODE 8011–01–P
                                                                                                                                                              1. Purpose
                                               change is consistent with the Act.                                                                                The Exchange proposes to decrease
                                               Comments may be submitted by any of                                                                            the Options Regulatory Fee (‘‘ORF’’)
                                               the following methods:                                  SECURITIES AND EXCHANGE                                from $0.0049 per contract to $0.0028 per
                                                                                                       COMMISSION                                             contract in order to help ensure that
                                               Electronic Comments                                                                                            revenue collected from the ORF, in
                                                 • Use the Commission’s internet                       [Release No. 34–83877; File No. SR–CBOE–               combination with other regulatory fees
                                               comment form (http://www.sec.gov/                       2018–057]                                              and fines, meets the Exchange’s total
                                               rules/sro.shtml); or                                                                                           regulatory costs.3
                                                 • Send an email to rule-comments@                     Self-Regulatory Organizations; Cboe                       The ORF is assessed by Cboe Options
                                               sec.gov. Please include File Number SR–                 Exchange, Inc.; Notice of Filing and                   to each Trading Permit Holder (‘‘TPH’’)
                                               DTC–2018–007 on the subject line.                       Immediate Effectiveness of a Proposed                  for options transactions cleared by the
                                                                                                       Rule Change To Amend the Options                       TPH that are cleared by the Options
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                                               Paper Comments                                          Regulatory Fee
                                                 • Send paper comments in triplicate                                                                            1 15U.S.C. 78s(b)(1).
                                               to Secretary, Securities and Exchange                   August 17, 2018.                                         2 17CFR 240.19b–4.
                                               Commission, 100 F Street NE,                              Pursuant to Section 19(b)(1) of the                    3 The Exchange initially filed the proposed fee

                                                                                                       Securities Exchange Act of 1934 (the                   change on August 1, 2018 (SR–CBOE–2018–054) for
                                               Washington, DC 20549.                                                                                          August 1, 2018 effectiveness. On business date
                                                                                                                                                              August 9, 2018, the Exchange withdrew that filing
                                                 39 Id.                                                  40 17   CFR 200.30–3(a)(12).                         and submitted this filing.



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                                               42750                       Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices

                                               Clearing Corporation (‘‘OCC’’) in the                   cover the cost of that options sales                  fairness by assessing higher fees to those
                                               customer range, regardless of the                       practice regulation.                                  TPHs that require more Exchange
                                               exchange on which the transaction                          The Exchange will continue to                      regulatory services based on the amount
                                               occurs.4 In other words, the Exchange                   monitor the amount of revenue                         of customer options business they
                                               imposes the ORF on all customer-range                   collected from the ORF to ensure that it,             conduct. Regulating customer trading
                                               transactions cleared by a TPH, even if                  in combination with its other regulatory              activity is much more labor intensive
                                               the transactions do not take place on the               fees and fines, does not exceed the                   and requires greater expenditure of
                                               Exchange. The ORF is collected by OCC                   Exchange’s total regulatory costs. The                human and technical resources than
                                               on behalf of the Exchange from the                      Exchange monitors its regulatory costs
                                                                                                                                                             regulating non-customer trading
                                               Clearing Trading Permit Holder                          and revenues at a minimum on a semi-
                                                                                                                                                             activity, which tends to be more
                                               (‘‘CTPH’’) or non-CTPH that ultimately                  annual basis. If the Exchange
                                                                                                       determines regulatory revenues exceed                 automated and less labor-intensive. As a
                                               clears the transaction. With respect to                                                                       result, the costs associated with
                                               linkage transactions, Cboe Options                      or are insufficient to cover a material
                                                                                                       portion of its regulatory costs, the                  administering the customer component
                                               reimburses its routing broker providing
                                                                                                       Exchange will adjust the ORF by                       of the Exchange’s overall regulatory
                                               Routing Services pursuant to Cboe
                                               Options Rule 6.14B for options                          submitting a fee change filing to the                 program are materially higher than the
                                               regulatory fees it incurs in connection                 Commission. The Exchange notifies                     costs associated with administering the
                                               with the Routing Services it provides.                  TPHs of adjustments to the ORF via                    non-customer component (e.g., TPH
                                                  Revenue generated from ORF, when                     regulatory circular. The Exchange                     proprietary transactions) of its
                                               combined with all of the Exchange’s                     endeavors to provide TPHs with such                   regulatory program.9 The Exchange
                                               other regulatory fees and fines, is                     notice at least 30 calendar days prior to             believes the proposed fee change is
                                               designed to recover a material portion of               the effective date of the change.                     equitable and not unfairly
                                               the regulatory costs to the Exchange of                    The Exchange lastly proposes a                     discriminatory in that it is charged to all
                                               the supervision and regulation of TPH                   couple of minor clean up changes to the               TPHs on all their transactions that clear
                                               customer options business. Regulatory                   Fees Schedule. Particularly, the ORF is               in the customer range at the OCC.
                                               costs include direct regulatory expenses                listed as being $0.0081 per contract
                                                                                                                                                                The Exchange believes the proposal to
                                               and certain indirect expenses for work                  through January 31, 2018 and $0.0049
                                                                                                       per contract effective February 1, 2018.              eliminate obsolete language with respect
                                               allocated in support of the regulatory                                                                        to past ORF rates maintains clarity in
                                               function. The direct expenses include                   As these dates have passed and the ORF
                                                                                                       is now simply $0.0028 per contract, the               the rules and alleviates potential
                                               in-house and third party service                                                                              confusion, thereby protecting investors
                                               provider costs to support the day to day                Exchange proposes to delete the
                                                                                                       reference to the ORF being $0.0081 per                and the public interest.
                                               regulatory work such as surveillances,
                                               investigations and examinations. The                    contract through January 31, 2018 and                 B. Self-Regulatory Organization’s
                                               indirect expenses include support from                  the February 1, 2018 effective date of                Statement on Burden on Competition
                                               such areas as human resources, legal,                   the $0.0049 per contract ORF.
                                               information technology and accounting.                  2. Statutory Basis                                       The Exchange does not believe that
                                               These indirect expenses are estimated to                                                                      the proposed rule change will impose
                                                                                                          The Exchange believes the proposed                 any burden on competition not
                                               be approximately 10% of Cboe Options’
                                                                                                       rule change is consistent with the                    necessary or appropriate in furtherance
                                               total regulatory costs for 2018. Thus,
                                                                                                       Securities Exchange Act of 1934 (the                  of the purposes of the Act. This
                                               direct expenses are estimated to be
                                                                                                       ‘‘Act’’) and the rules and regulations
                                               approximately 90% of total regulatory                                                                         proposal does not create an unnecessary
                                                                                                       thereunder applicable to the Exchange
                                               costs for 2018. In addition, it is Cboe                                                                       or inappropriate intra-market burden on
                                                                                                       and, in particular, the requirements of
                                               Options’ practice that revenue generated                                                                      competition because the ORF applies to
                                                                                                       Section 6(b) of the Act.6 Specifically,
                                               from ORF not exceed more than 75% of                                                                          all customer activity, thereby raising
                                                                                                       the Exchange believes the proposed rule
                                               total annual regulatory costs. These                                                                          regulatory revenue to offset regulatory
                                                                                                       change is consistent with Section 6(b)(4)
                                               expectations are estimated, preliminary                                                                       expenses. It also supplements the
                                                                                                       of the Act,7 which provides that
                                               and may change. There can be no                                                                               regulatory revenue derived from non-
                                                                                                       Exchange rules may provide for the
                                               assurance that our final costs for 2018                                                                       customer activity. This proposal does
                                                                                                       equitable allocation of reasonable dues,
                                               will not differ materially from these                                                                         not create an unnecessary or
                                                                                                       fees, and other charges among its TPHs
                                               expectations and prior practice;                                                                              inappropriate inter-market burden on
                                                                                                       and other persons using its facilities.
                                               however, the Exchange believes that                                                                           competition because it is a regulatory
                                                                                                       Additionally, the Exchange believes the
                                               revenue generated from the ORF, when                                                                          fee that supports regulation in
                                                                                                       proposed rule change is consistent with
                                               combined with all of the Exchange’s
                                                                                                       the Section 6(b)(5) 8 requirement that                furtherance of the purposes of the Act.
                                               other regulatory fees and fines, will
                                                                                                       the rules of an exchange not be designed              The Exchange is obligated to ensure that
                                               cover a material portion, but not all, of
                                                                                                       to permit unfair discrimination between               the amount of regulatory revenue
                                               the Exchange’s regulatory costs.
                                                                                                       customers, issuers, brokers, or dealers.              collected from the ORF, in combination
                                                  The Exchange also notes that its
                                                                                                          The Exchange believes the proposed                 with its other regulatory fees and fines,
                                               regulatory responsibilities with respect
                                                                                                       fee change is reasonable because it                   does not exceed regulatory costs.
                                               to TPH compliance with options sales
                                                                                                       would help ensure that revenue
                                               practice rules have largely been
                                                                                                       collected from the ORF, in combination
                                               allocated to FINRA under a 17d–2
                                                                                                       with other regulatory fees and fines,
daltland on DSKBBV9HB2PROD with NOTICES




                                               agreement.5 The ORF is not designed to
                                                                                                       does not exceed the Exchange’s total
                                                                                                       regulatory costs. Moreover, the                         9 If the Exchange changes its method of funding
                                                  4 The ORF also applies to customer-range

                                               transactions executed during Extended Trading
                                                                                                       Exchange believes the ORF ensures                     regulation or if circumstances otherwise change in
                                               Hours.                                                                                                        the future, the Exchange may decide to modify the
                                                  5 See Securities Exchange Act Release No. 76309        6 15 U.S.C. 78f(b).                                 ORF or assess a separate regulatory fee on TPH
                                                                                                         7 15 U.S.C. 78f(b)(4).                              proprietary transactions if the Exchange deems it
                                               (October 29, 2015), 80 FR 68361 (November 4,
                                               2015).                                                    8 15 U.S.C. 78f(b)(5).                              advisable.



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                                                                              Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices                                                   42751

                                               C. Self-Regulatory Organization’s                       communications relating to the                        I. Self-Regulatory Organization’s
                                               Statement on Comments on the                            proposed rule change between the                      Statement of the Terms of Substance of
                                               Proposed Rule Change Received From                      Commission and any person, other than                 the Proposed Rule Change
                                               Members, Participants, or Others                        those that may be withheld from the                      The Exchange proposes to amend its
                                                 The Exchange neither solicited nor                    public in accordance with the                         rules governing the give up of a Clearing
                                               received comments on the proposed                       provisions of 5 U.S.C. 552, will be                   Trading Permit Holder by a Trading
                                               rule change.                                            available for website viewing and                     Permit Holder on exchange transactions.
                                                                                                       printing in the Commission’s Public                      The text of the proposed rule change
                                               III. Date of Effectiveness of the                       Reference Room, 100 F Street NE,                      is also available on the Exchange’s
                                               Proposed Rule Change and Timing for                     Washington, DC 20549, on official                     website (http://www.cboe.com/
                                               Commission Action                                       business days between the hours of                    AboutCBOE/CBOELegalRegulatory
                                                  The foregoing rule change has become                 10:00 a.m. and 3:00 p.m. Copies of the                Home.aspx), at the Exchange’s Office of
                                               effective pursuant to Section 19(b)(3)(A)               filing also will be available for                     the Secretary, and at the Commission’s
                                               of the Act 10 and paragraph (f) of Rule                 inspection and copying at the principal               Public Reference Room.
                                               19b–4 11 thereunder. At any time within                 office of the Exchange. All comments
                                               60 days of the filing of the proposed rule              received will be posted without change.               II. Self-Regulatory Organization’s
                                               change, the Commission summarily may                    Persons submitting comments are                       Statement of the Purpose of, and
                                               temporarily suspend such rule change if                 cautioned that we do not redact or edit               Statutory Basis for, the Proposed Rule
                                               it appears to the Commission that such                  personal identifying information from                 Change
                                               action is necessary or appropriate in the               comment submissions. You should                          In its filing with the Commission, the
                                               public interest, for the protection of                  submit only information that you wish                 Exchange included statements
                                               investors, or otherwise in furtherance of               to make available publicly. All                       concerning the purpose of and basis for
                                               the purposes of the Act. If the                         submissions should refer to File No.                  the proposed rule change and discussed
                                               Commission takes such action, the                       SR–CBOE–2018–057, and should be                       any comments it received on the
                                               Commission will institute proceedings                   submitted on or before September 13,                  proposed rule change. The text of these
                                               to determine whether the proposed rule                  2018.                                                 statements may be examined at the
                                               change should be approved or                                                                                  places specified in Item IV below. The
                                               disapproved.                                              For the Commission, by the Division of
                                                                                                                                                             Exchange has prepared summaries, set
                                                                                                       Trading and Markets, pursuant to delegated
                                               IV. Solicitation of Comments                            authority.12
                                                                                                                                                             forth in sections A, B, and C below, of
                                                                                                                                                             the most significant aspects of such
                                                 Interested persons are invited to                     Eduardo A. Aleman,                                    statements.
                                               submit written data, views, and                         Assistant Secretary.
                                               arguments concerning the foregoing,                     [FR Doc. 2018–18162 Filed 8–22–18; 8:45 am]
                                                                                                                                                             A. Self-Regulatory Organization’s
                                               including whether the proposed rule                                                                           Statement of the Purpose of, and the
                                                                                                       BILLING CODE 8011–01–P
                                               change is consistent with the Act.                                                                            Statutory Basis for, the Proposed Rule
                                               Comments may be submitted by any of                                                                           Change
                                               the following methods:                                  SECURITIES AND EXCHANGE                               1. Purpose
                                               Electronic Comments                                     COMMISSION                                               The Exchange proposes to amend
                                                 • Use the Commission’s internet                                                                             Rule 6.21, which governs the give up of
                                               comment form (http://www.sec.gov/                       [Release No. 34–83872; File No. SR–CBOE–              a Clearing Trading Permit Holder
                                               rules/sro.shtml); or                                    2018–55]                                              (‘‘Clearing TPH’’) by a Trading Permit
                                                 • Send an email to rule-comments@                                                                           Holder (‘‘TPH’’) on Exchange
                                               sec.gov. Please include File No. SR–                    Self-Regulatory Organizations; Cboe                   transactions.
                                               CBOE–2018–057 on the subject line.                      Exchange, Inc.; Notice of Filing of a
                                                                                                       Proposed Rule Change Relating To                      Background
                                               Paper Comments                                          Amend Rule 6.21., Give Up of a                           By way of background, Cboe Options
                                                  • Send paper comments in triplicate                  Clearing Trading Permit Holder                        Rule 6.21 provides that when a TPH
                                               to Secretary, Securities and Exchange                                                                         executes a transaction on the Exchange,
                                               Commission, 100 F Street NE,                            August 17, 2018.
                                                                                                                                                             it must give up the name of the CTPH
                                               Washington, DC 20549–1090.                                 Pursuant to Section 19(b)(1) of the                (the ‘‘Give Up’’) through which the
                                               All submissions should refer to File No.                Securities Exchange Act of 1934 (the                  transaction will be cleared. Rule 6.21
                                               SR–CBOE–2018–057. This file number                      ‘‘Act’’),1 and Rule 19b–4 thereunder,2                also provides that a TPH may only give
                                               should be included on the subject line                  notice is hereby given that on August 7,              up a ‘‘Designated Give Up’’ or its
                                               if email is used. To help the                           2018, Cboe Exchange, Inc. (the                        ‘‘Guarantor.’’ This limitation is enforced
                                               Commission process and review your                      ‘‘Exchange’’ or ‘‘Cboe Options’’) filed               by the Exchange’s trading systems.
                                               comments more efficiently, please use                   with the Securities and Exchange                         A ‘‘Designated Give Up’’ is currently
                                               only one method. The Commission will                    Commission (the ‘‘Commission’’) the                   defined as any CTPH that a TPH (other
                                               post all comments on the Commission’s                   proposed rule change as described in                  than a Market-Maker 3) identifies to the
                                               internet website (http://www.sec.gov/                   Items I, II, and III below, which Items               Exchange, in writing, as a CTPH that the
                                               rules/sro.shtml). Copies of the                         have been prepared by the Exchange.                   TPH would like to have the ability to
                                               submission, all subsequent                              The Commission is publishing this                     give up. To designate a ‘‘Designated
daltland on DSKBBV9HB2PROD with NOTICES




                                               amendments, all written statements                      notice to solicit comments on the                     Give Up’’ a TPH must submit written
                                               with respect to the proposed rule                       proposed rule change from interested
                                               change that are filed with the                          persons.                                                 3 For purposes of this rule, references to ‘‘Market-

                                                                                                                                                             Maker’’ shall refer to Trading Permit Holders acting
                                               Commission, and all written                                                                                   in the capacity of a Market-Maker and shall include
                                                                                                         12 17 CFR 200.30–3(a)(12).                          all Exchange Market-Maker capacities (e.g.,
                                                 10 15 U.S.C. 78s(b)(3)(A).                              1 15 U.S.C. 78s(b)(1).                              Designated Primary Market-Makers and Lead
                                                 11 17 CFR 240.19b–4(f).                                 2 17 CFR 240.19b–4.                                 Market-Makers).



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Document Created: 2018-08-23 00:33:43
Document Modified: 2018-08-23 00:33:43
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 42749 

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