83_FR_45646 83 FR 45472 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Expand the Types of Messages That Users May Submit Into Bulk Order Ports

83 FR 45472 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Expand the Types of Messages That Users May Submit Into Bulk Order Ports

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 174 (September 7, 2018)

Page Range45472-45474
FR Document2018-19375

Federal Register, Volume 83 Issue 174 (Friday, September 7, 2018)
[Federal Register Volume 83, Number 174 (Friday, September 7, 2018)]
[Notices]
[Pages 45472-45474]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19375]


=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84011; File No. SR-CboeEDGX-2018-038]


Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Expand the Types of Messages That Users May Submit Into Bulk Order 
Ports

August 31, 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 24, 2018, Cboe EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The Exchange 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with 
the Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is proposing to expand the types of messages that 
Users may submit into bulk order ports.
    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.

[[Page 45473]]

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

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

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

1. Purpose
    The proposed rule change expands the types of messages that Users 
may submit into bulk order ports. A bulk order port is a logical port 
that provides Users with the ability to submit bulk messages to enter, 
modify, or cancel orders designated as Post Only Orders, provided such 
orders are entered with a Time-in-Force of Day \5\ or GTD \6\ with an 
expiration time on that trading day. Post Only Orders \7\ with a Time-
in-Force of Day or GTD are orders that will be posted to and displayed 
by the Exchange, rather than removing liquidity or routing to another 
options exchange. The Exchange currently limits the use of bulk order 
ports to these orders to limit the use of these ports to liquidity 
provision. The primary purpose of bulk order ports is to encourage 
Users, and Market-Makers in particular, to quote on the Exchange. As a 
general matter, however, the overall purpose of bulk order ports is to 
allow Users to bundle multiple instructions in a single message and 
provide all Users (not just Market-Makers) with an efficient way to 
provide liquidity on the Exchange.
---------------------------------------------------------------------------

    \5\ An order designated as ``Day'' means a limit order to buy or 
sell that, if not executed expires at market close. See Rule 
21.1(f)(3).
    \6\ An order designated as ``GTD'' means an order (or unexecuted 
portion) that will remain available for potential display and/or 
execution for the amount of time specified by the entering User 
unless cancelled by the entering party. See Rule 21.1(f)(1).
    \7\ A ``Post Only Order'' is an order that is to be ranked and 
executed on the Exchange pursuant to Rule 21.8 (Order Display and 
Book Processing) or cancelled, as appropriate, without routing away 
to another options exchange except that the order will not remove 
liquidity from the EDGX Options Book. A Post Only Order that is not 
subject to the Price adjust process that would lock or cross a 
Protected Quotation of another options exchange or the Exchange will 
be cancelled. See Rule 21.1(d)(8).
---------------------------------------------------------------------------

    The proposed rule change permits Users to submit auction responses 
into bulk order ports, in addition to Post Only Orders with a Time-in-
Force of Day or GTD with an expiration time on that trading day. The 
Exchange offers various auction mechanisms that provide Users with 
additional execution opportunities and potential price improvement for 
their orders.\8\ When the Exchange initiates an auction, it 
disseminates messages that contain the relevant information about the 
auction order.\9\ The purpose of these messages is to encourage Users 
to provide liquidity against which the auctioned orders may trade. 
Users submit this liquidity in the form of auction responses. Like Post 
Only Orders with a Time-in-Force of Day or GTD with an expiration time 
on the applicable trading day, auction responses will not remove 
liquidity from the Exchange order book or route to another options 
exchange. Auction responses are similarly available for execution for a 
limited time period. Unexecuted auction responses are cancelled at the 
end of the auction, and thus do not last beyond the auction to which 
they were submitted.\10\ Because the purpose of auction responses is to 
provide liquidity, which is the purpose of bulk order ports, the 
Exchange believes it is appropriate to permit Users to submit auction 
responses into bulk order ports.
---------------------------------------------------------------------------

    \8\ See Rules 21.18 (Step Up Mechanism (``SUM''), pursuant to 
which eligible marketable orders are auctioned when the Exchange's 
disseminated quote is not at the national best bid or offer 
(``NBBO'')); 21.19 (Bats Auction Mechanism (``BAM''), pursuant to 
which a Member may submit an eligible order paired with contra 
interest for potential price improvement); and 21.20(d) (Complex 
Order Auction (``COA''), pursuant to which eligible complex orders 
are auctioned for execution and potential price improvement).
    \9\ See Rules 21.18(b) (the Exchange exposes orders received by 
SUM); 21.19(b)(1)(C) (the Exchange sends an auction notification 
message when it receives an order for BAM processing); and 
21.20(d)(2) (the Exchange initiates the COA process by sending a COA 
auction message).
    \10\ See Rules 21.18(b)(3), 21.19(b)(5), and 21.20(d)(4).
---------------------------------------------------------------------------

    Orders submitted to the Exchange through all ports are subject to 
various parameters, such as price reasonability checks and volume 
restrictions.\11\ These parameters may be configured either by the 
Exchange or the Member. Orders are also subject to other validation 
checks and processes before execution, entry into the book, or 
cancellation. Examples of such validation checks include validating an 
order's Capacity, Time-in-Force, order instructions, and routing 
options. While orders submitted through bulk order ports pass through 
these same validation checks and processes, they are not subject to 
parameters such as routing options and are restricted to one order 
instruction and two Time-in-Force options. As a result, the System can 
perform these validation checks with respect to orders submitted 
through bulk order ports in a more efficient manner.
---------------------------------------------------------------------------

    \11\ See, e.g., Rules 21.16 and 21.17 and technical 
specifications available at http://markets.cboe.com/us/options/support/technical/.
---------------------------------------------------------------------------

    Pursuant to Exchange technical specifications,\12\ the order 
messages per second that a User may submit through a non-bulk order 
port is smaller than the order messages per second that a User may 
submit through a bulk order port. The Exchange understands from certain 
Members that they may restrict the number of auction response messages 
they submit to avoid having to obtain additional ports. The Exchange 
believes permitting Users to submit auction responses through bulk 
order ports will encourage Users to provide increased liquidity to 
auction mechanisms in a more cost-efficient manner. While bulk order 
ports have a higher monthly cost, the higher order message/second rate 
may ultimately be more cost-efficient than a User having to obtain 
multiple additional non-bulk ports to accommodate the submission of 
auction responses. Additionally, Users that have both bulk and non-bulk 
order ports would be able to increase their submission of auction 
responses without additional monthly fees.\13\
---------------------------------------------------------------------------

    \12\ These technical specifications are available at http://markets.cboe.com/us/options/support/technical/.
    \13\ The Exchange notes certain Market-Makers currently only 
have bulk order ports, and thus are unable to provide liquidity to 
auction mechanisms without obtaining additional non-bulk order 
ports.
---------------------------------------------------------------------------

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.\14\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \15\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and

[[Page 45474]]

open market and a national market system, and, in general, to protect 
investors and the public interest. Additionally, the Exchange believes 
the proposed rule change is consistent with the Section 6(b)(5) \16\ 
requirement that the rules of an exchange not be designed to permit 
unfair discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes the proposed rule change 
protects investors and the public interest because it provides all 
Users with an efficient process to enter and update auction responses. 
Like quoting, auction responses are a critical form of liquidity on the 
Exchange. Auction mechanisms and the execution and price improvement 
opportunities they provide are dependent on auction responses submitted 
during the auctions. Permitting Users to submit auction responses into 
bulk order ports is consistent with the purpose of these ports and have 
a similar purpose as the orders that Users are currently permitted to 
enter into bulk order ports. The Exchange believes the proposed rule 
change may encourage the provision of additional liquidity in auctions, 
which will provide additional execution and price improvement 
opportunities to auctioned orders, which ultimately benefit investors.

(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 that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange does not 
believe the proposed rule change will impose any burden on intramarket 
competition, as the use of bulk order ports and the proposed 
functionality is voluntary and available to all Users of the Exchange. 
Bulk order entry functionality is available to all Users of the 
Exchange, as is the proposed functionality to submit auction responses 
into bulk order ports. Users may already submit auction responses to 
the Exchange using other types of ports--the proposed rule change 
merely provides Users of the Exchange with an additional method to 
submit auction responses to the Exchange. The Exchange does not believe 
the proposed rule change will have any direct impact on intermarket 
competition, as the proposed rule change relates solely to the manner 
in which Users may submit auction responses into auctions occurring on 
the Exchange.

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

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

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \17\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\18\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and text of the proposed rule change, at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-CboeEDGX-2018-038 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeEDGX-2018-038. 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 Number SR-CboeEDGX-2018-038 and should be 
submitted on or before September 28, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
Eduardo A. Aleman,
Assistant Secretary.
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2018-19375 Filed 9-6-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               45472                       Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Notices

                                                 • Federal Rulemaking Website: Go to                   II. Background                                          4. How can the burden of the
                                               http://www.regulations.gov and search                      In accordance with the Paperwork                   information collection on respondents
                                               for Docket ID NRC–2018–0035.                            Reduction Act of 1995 (44 U.S.C.                      be minimized, including the use of
                                                 NRC’s Agencywide Documents Access                     Chapter 35), the NRC is requesting                    automated collection techniques or
                                               and Management System (ADAMS):                          public comment on its intention to                    other forms of information technology?
                                               You may obtain publicly-available                       request the OMB’s approval for the                      Dated at Rockville, Maryland, this 4th day
                                               documents online in the ADAMS Public                    information collection summarized in                  of September 2018.
                                               Documents collection at http://
                                                                                                       this notice.                                            For the Nuclear Regulatory Commission.
                                               www.nrc.gov/reading-rm/adams.html.                         1. The title of the information
                                               To begin the search, select ‘‘Begin Web-                                                                      David C. Cullison,
                                                                                                       collection: NRC Form 664, ‘‘General
                                               based ADAMS Search.’’ For problems                                                                            NRC Clearance Officer, Office of the Chief
                                                                                                       Licensee Registration.’’                              Information Officer.
                                               with ADAMS, please contact the NRC’s                       2. OMB approval number: 3150–0198.
                                               Public Document Room (PDR) reference                       3. Type of submission: Revision.                   [FR Doc. 2018–19417 Filed 9–6–18; 8:45 am]
                                               staff at 1–800–397–4209, 301–415–4737,                     4. The form number, if applicable:                 BILLING CODE 7590–01–P
                                               or by email to pdr.resource@nrc.gov. A                  NRC Form 664.
                                               copy of the collection of information                      5. How often the collection is required
                                               and related instructions may be                         or requested: Annually.
                                               obtained without charge by accessing                       6. Who will be required or asked to                SECURITIES AND EXCHANGE
                                               ADAMS Accession No. ML18135A182.                        respond: General Licensees of the NRC                 COMMISSION
                                               The supporting statement is available in                who possess certain generally licensed
                                               ADAMS under Accession No.                               devices subject to annual registration                [Release No. 34–84011; File No. SR–
                                               ML18135A184.                                            authorized pursuant to section 31.5 of                CboeEDGX–2018–038]
                                                 • NRC’s PDR: You may examine and                      title 10 of the Code of Federal
                                               purchase copies of public documents at                  Regulations (10 CFR).                                 Self-Regulatory Organizations; Cboe
                                               the NRC’s PDR, Room O1–F21, One                            7. The estimated number of annual                  EDGX Exchange, Inc.; Notice of Filing
                                               White Flint North, 11555 Rockville                      responses: 525.                                       and Immediate Effectiveness of a
                                               Pike, Rockville, Maryland 20852.                           8. The estimated number of annual                  Proposed Rule Change To Expand the
                                                 • NRC’s Clearance Officer: A copy of                  respondents: 525.                                     Types of Messages That Users May
                                               the collection of information and related                  9. The estimated number of hours                   Submit Into Bulk Order Ports
                                               instructions may be obtained without                    needed annually to comply with the
                                               charge by contacting NRC’s Clearance                    information collection requirement or                 August 31, 2018.
                                               Officer, David Cullison, Office of the                  request: 175 hours (525 annual                           Pursuant to Section 19(b)(1) of the
                                               Chief Information Officer, U.S. Nuclear                 responses × 1⁄3 hour).                                Securities Exchange Act of 1934 (the
                                               Regulatory Commission, Washington,                         10. Abstract: NRC Form 664 is used                 ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               DC 20555–0001; telephone: 301–415–                      by NRC general licensees to make                      notice is hereby given that on August
                                               2084; email: Infocollects.Resource@                     reports regarding certain generally                   24, 2018, Cboe EDGX Exchange, Inc.
                                               nrc.gov.                                                licensed devices subject to annual                    (the ‘‘Exchange’’ or ‘‘EDGX’’) filed with
                                                                                                       registration. The registration program                the Securities and Exchange
                                               B. Submitting Comments
                                                                                                       allows NRC to better track general                    Commission (‘‘Commission’’) the
                                                 Please include Docket ID NRC–2018–                    licensees, so that they can be contacted              proposed rule change as described in
                                               0035 in the subject line of your                        or inspected as necessary, and to make                Items I and II below, which Items have
                                               comment submission, in order to ensure                  sure that generally licensed devices can              been prepared by the Exchange. The
                                               that the NRC is able to make your                       be identified even if lost or damaged.                Exchange has designated this proposal
                                               comment submission available to the                     Also, the registration program ensures                as a ‘‘non-controversial’’ proposed rule
                                               public in this docket.                                  that general licensees are aware of and
                                                 The NRC cautions you not to include                                                                         change pursuant to Section 19(b)(3)(A)
                                                                                                       understand the requirements for the                   of the Act 3 and Rule 19b–4(f)(6)(iii)
                                               identifying or contact information in                   possession, use, and disposal of devices
                                               comment submissions that you do not                                                                           thereunder,4 which renders it effective
                                                                                                       containing byproduct material. Greater                upon filing with the Commission. The
                                               want to be publicly disclosed in your                   awareness helps to ensure that general
                                               comment submission. The NRC will                                                                              Commission is publishing this notice to
                                                                                                       licensees will comply with the                        solicit comments on the proposed rule
                                               post all comment submissions at http://                 regulatory requirements for proper
                                               www.regulations.gov as well as enter the                                                                      change from interested persons.
                                                                                                       handling and disposal of generally
                                               comment submissions into ADAMS,                         licensed devices and would reduce the                 I. Self-Regulatory Organization’s
                                               and the NRC does not routinely edit                     potential for incidents that could result             Statement of the Terms of Substance of
                                               comment submissions to remove                           in unnecessary radiation exposure to the              the Proposed Rule Change
                                               identifying or contact information.                     public and contamination of property.
                                                 If you are requesting or aggregating                                                                           The Exchange is proposing to expand
                                               comments from other persons for                         III. Specific Requests for Comments                   the types of messages that Users may
                                               submission to the NRC, then you should                     The NRC is seeking comments that                   submit into bulk order ports.
                                               inform those persons not to include                     address the following questions:                         The text of the proposed rule change
                                               identifying or contact information that                    1. Is the proposed collection of                   is available at the Exchange’s website at
                                               they do not want to be publicly                         information necessary for the NRC to                  www.markets.cboe.com, at the principal
daltland on DSKBBV9HB2PROD with NOTICES




                                               disclosed in their comment submission.                  properly perform its functions? Does the              office of the Exchange, and at the
                                               Your request should state that the NRC                  information have practical utility?                   Commission’s Public Reference Room.
                                               does not routinely edit comment                            2. Is the estimate of the burden of the
                                               submissions to remove such information                  information collection accurate?                        1 15 U.S.C. 78s(b)(1).
                                               before making the comment                                  3. Is there a way to enhance the                     2 17 CFR 240.19b–4.
                                               submissions available to the public or                  quality, utility, and clarity of the                    3 15 U.S.C. 78s(b)(3)(A).

                                               entering the comment into ADAMS.                        information to be collected?                            4 17 CFR 240.19b–4(f)(6)(iii).




                                          VerDate Sep<11>2014   17:55 Sep 06, 2018   Jkt 244001   PO 00000   Frm 00062   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                                            Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Notices                                                     45473

                                               II. Self-Regulatory Organization’s                      Makers) with an efficient way to provide                options. While orders submitted
                                               Statement of the Purpose of, and                        liquidity on the Exchange.                              through bulk order ports pass through
                                               Statutory Basis for, the Proposed Rule                     The proposed rule change permits                     these same validation checks and
                                               Change                                                  Users to submit auction responses into                  processes, they are not subject to
                                                                                                       bulk order ports, in addition to Post                   parameters such as routing options and
                                                 In its filing with the Commission, the                Only Orders with a Time-in-Force of                     are restricted to one order instruction
                                               Exchange included statements                            Day or GTD with an expiration time on                   and two Time-in-Force options. As a
                                               concerning the purpose of and basis for                 that trading day. The Exchange offers                   result, the System can perform these
                                               the proposed rule change and discussed                  various auction mechanisms that                         validation checks with respect to orders
                                               any comments it received on the                         provide Users with additional execution                 submitted through bulk order ports in a
                                               proposed rule change. The text of these                 opportunities and potential price                       more efficient manner.
                                               statements may be examined at the                       improvement for their orders.8 When                        Pursuant to Exchange technical
                                               places specified in Item IV below. The                  the Exchange initiates an auction, it                   specifications,12 the order messages per
                                               Exchange has prepared summaries, set                    disseminates messages that contain the                  second that a User may submit through
                                               forth in Sections A, B, and C below, of                 relevant information about the auction                  a non-bulk order port is smaller than the
                                               the most significant parts of such                      order.9 The purpose of these messages is                order messages per second that a User
                                               statements.                                             to encourage Users to provide liquidity                 may submit through a bulk order port.
                                                                                                       against which the auctioned orders may                  The Exchange understands from certain
                                               (A) Self-Regulatory Organization’s                      trade. Users submit this liquidity in the               Members that they may restrict the
                                               Statement of the Purpose of, and                        form of auction responses. Like Post                    number of auction response messages
                                               Statutory Basis for, the Proposed Rule                  Only Orders with a Time-in-Force of                     they submit to avoid having to obtain
                                               Change                                                  Day or GTD with an expiration time on                   additional ports. The Exchange believes
                                                                                                       the applicable trading day, auction                     permitting Users to submit auction
                                               1. Purpose                                              responses will not remove liquidity                     responses through bulk order ports will
                                                  The proposed rule change expands                     from the Exchange order book or route                   encourage Users to provide increased
                                               the types of messages that Users may                    to another options exchange. Auction                    liquidity to auction mechanisms in a
                                               submit into bulk order ports. A bulk                    responses are similarly available for                   more cost-efficient manner. While bulk
                                               order port is a logical port that provides              execution for a limited time period.                    order ports have a higher monthly cost,
                                               Users with the ability to submit bulk                   Unexecuted auction responses are                        the higher order message/second rate
                                               messages to enter, modify, or cancel                    cancelled at the end of the auction, and                may ultimately be more cost-efficient
                                                                                                       thus do not last beyond the auction to                  than a User having to obtain multiple
                                               orders designated as Post Only Orders,
                                                                                                       which they were submitted.10 Because                    additional non-bulk ports to
                                               provided such orders are entered with a
                                                                                                       the purpose of auction responses is to                  accommodate the submission of auction
                                               Time-in-Force of Day 5 or GTD 6 with an
                                                                                                       provide liquidity, which is the purpose                 responses. Additionally, Users that have
                                               expiration time on that trading day. Post               of bulk order ports, the Exchange
                                               Only Orders 7 with a Time-in-Force of                                                                           both bulk and non-bulk order ports
                                                                                                       believes it is appropriate to permit Users              would be able to increase their
                                               Day or GTD are orders that will be                      to submit auction responses into bulk                   submission of auction responses
                                               posted to and displayed by the                          order ports.                                            without additional monthly fees.13
                                               Exchange, rather than removing                             Orders submitted to the Exchange
                                               liquidity or routing to another options                 through all ports are subject to various                2. Statutory Basis
                                               exchange. The Exchange currently                        parameters, such as price reasonability                    The Exchange believes the proposed
                                               limits the use of bulk order ports to                   checks and volume restrictions.11 These                 rule change is consistent with the
                                               these orders to limit the use of these                  parameters may be configured either by                  Securities Exchange Act of 1934 (the
                                               ports to liquidity provision. The                       the Exchange or the Member. Orders are                  ‘‘Act’’) and the rules and regulations
                                               primary purpose of bulk order ports is                  also subject to other validation checks                 thereunder applicable to the Exchange
                                               to encourage Users, and Market-Makers                   and processes before execution, entry                   and, in particular, the requirements of
                                               in particular, to quote on the Exchange.                into the book, or cancellation. Examples                Section 6(b) of the Act.14 Specifically,
                                               As a general matter, however, the                       of such validation checks include                       the Exchange believes the proposed rule
                                               overall purpose of bulk order ports is to               validating an order’s Capacity, Time-in-                change is consistent with the Section
                                               allow Users to bundle multiple                          Force, order instructions, and routing                  6(b)(5) 15 requirements that the rules of
                                               instructions in a single message and                                                                            an exchange be designed to prevent
                                                                                                          8 See Rules 21.18 (Step Up Mechanism (‘‘SUM’’),
                                               provide all Users (not just Market-                                                                             fraudulent and manipulative acts and
                                                                                                       pursuant to which eligible marketable orders are
                                                                                                       auctioned when the Exchange’s disseminated quote        practices, to promote just and equitable
                                                 5 An order designated as ‘‘Day’’ means a limit
                                                                                                       is not at the national best bid or offer (‘‘NBBO’’));   principles of trade, to foster cooperation
                                               order to buy or sell that, if not executed expires at   21.19 (Bats Auction Mechanism (‘‘BAM’’), pursuant       and coordination with persons engaged
                                               market close. See Rule 21.1(f)(3).                      to which a Member may submit an eligible order          in regulating, clearing, settling,
                                                 6 An order designated as ‘‘GTD’’ means an order       paired with contra interest for potential price
                                               (or unexecuted portion) that will remain available      improvement); and 21.20(d) (Complex Order               processing information with respect to,
                                               for potential display and/or execution for the          Auction (‘‘COA’’), pursuant to which eligible           and facilitating transactions in
                                               amount of time specified by the entering User           complex orders are auctioned for execution and          securities, to remove impediments to
                                               unless cancelled by the entering party. See Rule        potential price improvement).                           and perfect the mechanism of a free and
                                               21.1(f)(1).                                                9 See Rules 21.18(b) (the Exchange exposes orders
                                                 7 A ‘‘Post Only Order’’ is an order that is to be     received by SUM); 21.19(b)(1)(C) (the Exchange
                                                                                                                                                                 12 These technical specifications are available at
daltland on DSKBBV9HB2PROD with NOTICES




                                               ranked and executed on the Exchange pursuant to         sends an auction notification message when it
                                               Rule 21.8 (Order Display and Book Processing) or        receives an order for BAM processing); and              http://markets.cboe.com/us/options/support/
                                               cancelled, as appropriate, without routing away to      21.20(d)(2) (the Exchange initiates the COA process     technical/.
                                                                                                                                                                 13 The Exchange notes certain Market-Makers
                                               another options exchange except that the order will     by sending a COA auction message).
                                               not remove liquidity from the EDGX Options Book.           10 See Rules 21.18(b)(3), 21.19(b)(5), and           currently only have bulk order ports, and thus are
                                               A Post Only Order that is not subject to the Price      21.20(d)(4).                                            unable to provide liquidity to auction mechanisms
                                               adjust process that would lock or cross a Protected        11 See, e.g., Rules 21.16 and 21.17 and technical    without obtaining additional non-bulk order ports.
                                                                                                                                                                 14 15 U.S.C. 78f(b).
                                               Quotation of another options exchange or the            specifications available at http://markets.cboe.com/
                                               Exchange will be cancelled. See Rule 21.1(d)(8).        us/options/support/technical/.                            15 15 U.S.C. 78f(b)(5).




                                          VerDate Sep<11>2014   17:55 Sep 06, 2018   Jkt 244001   PO 00000   Frm 00063   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM    07SEN1


                                               45474                       Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Notices

                                               open market and a national market                       (C) Self-Regulatory Organization’s                        All submissions should refer to File
                                               system, and, in general, to protect                     Statement on Comments on the                              Number SR–CboeEDGX–2018–038. This
                                               investors and the public interest.                      Proposed Rule Change Received From                        file number should be included on the
                                               Additionally, the Exchange believes the                 Members, Participants or Others                           subject line if email is used. To help the
                                               proposed rule change is consistent with                   The Exchange has neither solicited                      Commission process and review your
                                               the Section 6(b)(5) 16 requirement that                 nor received written comments on the                      comments more efficiently, please use
                                               the rules of an exchange not be designed                proposed rule change.                                     only one method. The Commission will
                                               to permit unfair discrimination between                                                                           post all comments on the Commission’s
                                               customers, issuers, brokers, or dealers.                III. Date of Effectiveness of the                         internet website (http://www.sec.gov/
                                                  In particular, the Exchange believes                 Proposed Rule Change and Timing for                       rules/sro.shtml). Copies of the
                                               the proposed rule change protects                       Commission Action                                         submission, all subsequent
                                               investors and the public interest                          Because the foregoing proposed rule                    amendments, all written statements
                                               because it provides all Users with an                   change does not: (i) Significantly affect                 with respect to the proposed rule
                                               efficient process to enter and update                   the protection of investors or the public                 change that are filed with the
                                               auction responses. Like quoting, auction                interest; (ii) impose any significant                     Commission, and all written
                                               responses are a critical form of liquidity              burden on competition; and (iii) become                   communications relating to the
                                               on the Exchange. Auction mechanisms                     operative for 30 days from the date on                    proposed rule change between the
                                               and the execution and price                             which it was filed, or such shorter time                  Commission and any person, other than
                                               improvement opportunities they                          as the Commission may designate, it has                   those that may be withheld from the
                                               provide are dependent on auction                        become effective pursuant to Section                      public in accordance with the
                                               responses submitted during the                          19(b)(3)(A)(iii) of the Act 17 and                        provisions of 5 U.S.C. 552, will be
                                               auctions. Permitting Users to submit                    subparagraph (f)(6) of Rule 19b–4                         available for website viewing and
                                               auction responses into bulk order ports                 thereunder.18                                             printing in the Commission’s Public
                                               is consistent with the purpose of these                    At any time within 60 days of the                      Reference Room, 100 F Street NE,
                                               ports and have a similar purpose as the                 filing of the proposed rule change, the                   Washington, DC 20549, on official
                                               orders that Users are currently                         Commission summarily may                                  business days between the hours of
                                               permitted to enter into bulk order ports.               temporarily suspend such rule change if                   10:00 a.m. and 3:00 p.m. Copies of the
                                               The Exchange believes the proposed                      it appears to the Commission that such                    filing also will be available for
                                               rule change may encourage the                           action is: (i) Necessary or appropriate in                inspection and copying at the principal
                                               provision of additional liquidity in                    the public interest; (ii) for the protection              office of the Exchange. All comments
                                               auctions, which will provide additional                 of investors; or (iii) otherwise in                       received will be posted without change.
                                               execution and price improvement                         furtherance of the purposes of the Act.                   Persons submitting comments are
                                               opportunities to auctioned orders,                      If the Commission takes such action, the                  cautioned that we do not redact or edit
                                               which ultimately benefit investors.                     Commission shall institute proceedings                    personal identifying information from
                                                                                                       to determine whether the proposed rule                    comment submissions. You should
                                               (B) Self-Regulatory Organization’s                      should be approved or disapproved.                        submit only information that you wish
                                               Statement on Burden on Competition                                                                                to make available publicly. All
                                                                                                       IV. Solicitation of Comments
                                                 The Exchange does not believe that                                                                              submissions should refer to File
                                                                                                         Interested persons are invited to
                                               the proposed rule change will impose                                                                              Number SR–CboeEDGX–2018–038 and
                                                                                                       submit written data, views, and
                                               any burden on competition that is not                                                                             should be submitted on or before
                                                                                                       arguments concerning the foregoing,
                                               necessary or appropriate in furtherance                                                                           September 28, 2018.
                                                                                                       including whether the proposed rule
                                               of the purposes of the Act. The                         change is consistent with the Act.                          For the Commission, by the Division of
                                               Exchange does not believe the proposed                  Comments may be submitted by any of                       Trading and Markets, pursuant to delegated
                                               rule change will impose any burden on                   the following methods:                                    authority.19
                                               intramarket competition, as the use of                                                                            Eduardo A. Aleman,
                                               bulk order ports and the proposed                       Electronic Comments                                       Assistant Secretary.
                                               functionality is voluntary and available                   • Use the Commission’s internet                        [FR Doc. 2018–19375 Filed 9–6–18; 8:45 am]
                                               to all Users of the Exchange. Bulk order                comment form (http://www.sec.gov/                         BILLING CODE 8011–01–P
                                               entry functionality is available to all                 rules/sro.shtml); or
                                               Users of the Exchange, as is the                           • Send an email to rule-comments@
                                               proposed functionality to submit                        sec.gov. Please include File Number SR–                   SECURITIES AND EXCHANGE
                                               auction responses into bulk order ports.                CboeEDGX–2018–038 on the subject                          COMMISSION
                                               Users may already submit auction                        line.
                                               responses to the Exchange using other                                                                             [Investment Company Act Release No.
                                                                                                       Paper Comments                                            33216]
                                               types of ports—the proposed rule
                                               change merely provides Users of the                       • Send paper comments in triplicate
                                                                                                       to Secretary, Securities and Exchange                     Notice of Applications for
                                               Exchange with an additional method to
                                                                                                       Commission, 100 F Street NE,                              Deregistration Under Section 8(f) of the
                                               submit auction responses to the
                                                                                                       Washington, DC 20549–1090.                                Investment Company Act of 1940
                                               Exchange. The Exchange does not
                                               believe the proposed rule change will                                                                             August 31, 2018.
                                                                                                         17 15  U.S.C. 78s(b)(3)(A)(iii).
                                               have any direct impact on intermarket                                                                               The following is a notice of
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                          18 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                               competition, as the proposed rule                                                                                 applications for deregistration under
                                                                                                       4(f)(6)(iii) requires a self-regulatory organization to
                                               change relates solely to the manner in                  give the Commission written notice of its intent to       section 8(f) of the Investment Company
                                               which Users may submit auction                          file the proposed rule change, along with a brief         Act of 1940 for the month of August
                                               responses into auctions occurring on the                description and text of the proposed rule change,         2018. A copy of each application may be
                                               Exchange.                                               at least five business days prior to the date of filing
                                                                                                       of the proposed rule change, or such shorter time         obtained via the Commission’s website
                                                                                                       as designated by the Commission. The Exchange
                                                 16 Id.                                                has satisfied this requirement.                             19 17   CFR 200.30–3(a)(12).



                                          VerDate Sep<11>2014   17:55 Sep 06, 2018   Jkt 244001   PO 00000   Frm 00064   Fmt 4703    Sfmt 4703   E:\FR\FM\07SEN1.SGM       07SEN1



Document Created: 2018-09-07 00:15:59
Document Modified: 2018-09-07 00:15:59
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 45472 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR