83_FR_47566 83 FR 47384 - Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To Expand the Types of Messages That Users May Submit Into Bulk Order Ports

83 FR 47384 - Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To Expand the Types of Messages That Users May Submit Into Bulk Order Ports

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 182 (September 19, 2018)

Page Range47384-47386
FR Document2018-20307

Federal Register, Volume 83 Issue 182 (Wednesday, September 19, 2018)
[Federal Register Volume 83, Number 182 (Wednesday, September 19, 2018)]
[Notices]
[Pages 47384-47386]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20307]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84117; File No. SR-C2-2018-019]


Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Relating 
To Expand the Types of Messages That Users May Submit Into Bulk Order 
Ports

September 13, 2018
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on September 5, 2018, Cboe C2 Exchange, Inc. (``Exchange'' or ``C2'') 
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 filed the proposal as 
a ``non-controversial'' proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    Cboe C2 Exchange, Inc. (the ``Exchange'' or ``C2'') proposes to 
expand the types of messages that Users may submit into bulk order 
ports. The text of the proposed rule change is provided below.

(additions are italicized; deletions are [bracketed])
* * * * *

Cboe C2 Exchange, Inc.

Rules

* * * * *

Rule 1.1. Definitions

* * * * *

Port

    The term ``port'' includes the following types of ports:
    (a)-(b) No change.
    (c) A ``bulk order port'' is a dedicated logical port that provides 
Users with the ability to submit single and bulk order messages to 
enter, modify, or cancel auction responses or orders designated as Post 
Only Orders with a Time-in-Force of Day or GTD with an expiration time 
on that trading day.
* * * * *
    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 
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 dedicated 
logical port that provides Users with the ability to submit single and 
bulk order messages to enter, modify, or cancel orders designated as 
Post Only Orders \5\ with a Time-in-Force of DAY \6\ or GTD \7\ with an 
expiration time on that trading day. Post Only Orders 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

[[Page 47385]]

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\ A ``Post Only'' order is an order the System ranks and 
executes pursuant to Rule 6.12, subjects to the Price Adjust process 
pursuant to Rule 6.12, or cancels or rejects (including if it is not 
subject to the Price Adjust process and locks or cross a Protected 
Quotation of another exchange), as applicable (in accordance with 
User instructions), except the order may not remove liquidity from 
the Book or route away to another exchange. See Rule 1.1 (paragraph 
(h) of definition of Order Instruction).
    \6\ An order designated as ``Day'' means an order that, if not 
executed, expires at market close. See Rule 1.1 (definition of Time-
in-Force).
    \7\ An order designated as ``GTD'' means an order that, if after 
entry into the System, is not fully executed, remains available for 
potential display or execution until a date and time specified by 
the entering User unless cancelled by the entering User. See Rule 
1.1 (definition of Time-in-Force).
---------------------------------------------------------------------------

    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 currently offers one auction mechanism, the Complex Order 
Auction (``COA''), which provides Users with additional execution 
opportunities and potential price improvement for their complex 
orders.\8\ When the Exchange initiates a COA, it disseminates a message 
that contains the relevant information about the auction order.\9\ The 
purpose of this message is to encourage Users to provide liquidity 
against which the auctioned order 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.
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    \8\ See Rule 6.13(d). COA auctions eligible complex orders for 
execution and potential price improvement.
    \9\ See Rule 6.13(d)(1) (the Exchange initiates the COA process 
by sending a COA auction message).
    \10\ See Rule 6.13(d)(2)(C) and (4)(D).
---------------------------------------------------------------------------

    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., Rule 6.14 and technical specifications available 
at http://markets.cboe.com/us/options/support/technical/.
---------------------------------------------------------------------------

    Pursuant to Exchange technical specifications \12\ and Fees 
Schedule,\13\ 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 Trading Permit Holders 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.\14\
---------------------------------------------------------------------------

    \12\ These technical specifications are available at http://markets.cboe.com/us/options/support/technical/.
    \13\ See C2 Fees Schedule, Logical Connectivity Fees, available 
at http://markets.cboe.com/us/options/membership/fee_schedule/ctwo/.
    \14\ 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.
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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.\15\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \16\ 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 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) \17\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
    \17\ 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

[[Page 47386]]

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 neither solicited nor received 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 \18\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\19\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \19\ 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 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 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-C2-2018-019 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-C2-2018-019. 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-C2-2018-019 and should be submitted on 
or before October 10, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-20307 Filed 9-18-18; 8:45 am]
 BILLING CODE 8011-01-P



                                              47384                     Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices

                                              Electronic Comments                                       SECURITIES AND EXCHANGE                                  Force of Day or GTD with an expiration
                                                                                                        COMMISSION                                               time on that trading day.
                                                • Use the Commission’s internet
                                                                                                                                                                 *     *     *     *    *
                                              comment form (http://www.sec.gov/                                                                                     The text of the proposed rule change
                                                                                                        [Release No. 34–84117; File No. SR–C2–
                                              rules/sro.shtml); or                                      2018–019]                                                is also available on the Exchange’s
                                                • Send an email to rule-comments@                                                                                website (http://www.cboe.com/
                                              sec.gov. Please include File Number SR–                   Self-Regulatory Organizations; Cboe                      AboutCBOE/CBOELegal
                                              BX–2018–043 on the subject line.                          C2 Exchange, Inc.; Notice of Filing and                  RegulatoryHome.aspx), at the
                                                                                                        Immediate Effectiveness of a Proposed                    Exchange’s Office of the Secretary, and
                                              Paper Comments                                            Rule Change Relating To Expand the                       at the Commission’s Public Reference
                                                                                                        Types of Messages That Users May                         Room.
                                                • Send paper comments in triplicate
                                                                                                        Submit Into Bulk Order Ports
                                              to Secretary, Securities and Exchange                                                                              II. Self-Regulatory Organization’s
                                              Commission, 100 F Street NE,                              September 13, 2018                                       Statement of the Purpose of, and
                                              Washington, DC 20549–1090.                                   Pursuant to Section 19(b)(1) of the                   Statutory Basis for, the Proposed Rule
                                                                                                        Securities Exchange Act of 1934                          Change
                                              All submissions should refer to File
                                              Number SR–BX–2018–043. This file                          (‘‘Act’’),1 and Rule 19b–4 thereunder,2                     In its filing with the Commission, the
                                                                                                        notice is hereby given that on                           Exchange included statements
                                              number should be included on the
                                                                                                        September 5, 2018, Cboe C2 Exchange,                     concerning the purpose of and basis for
                                              subject line if email is used. To help the
                                                                                                        Inc. (‘‘Exchange’’ or ‘‘C2’’) filed with the             the proposed rule change and discussed
                                              Commission process and review your                        Securities and Exchange Commission                       any comments it received on the
                                              comments more efficiently, please use                     (‘‘Commission’’) the proposed rule                       proposed rule change. The text of these
                                              only one method. The Commission will                      change as described in Items I and II                    statements may be examined at the
                                              post all comments on the Commission’s                     below, which Items have been prepared                    places specified in Item IV below. The
                                              internet website (http://www.sec.gov/                     by the Exchange. The Exchange filed the                  Exchange has prepared summaries, set
                                              rules/sro.shtml). Copies of the                           proposal as a ‘‘non-controversial’’                      forth in sections A, B, and C below, of
                                              submission, all subsequent                                proposed rule change pursuant to                         the most significant aspects of such
                                              amendments, all written statements                        Section 19(b)(3)(A)(iii) of the Act 3 and                statements.
                                              with respect to the proposed rule                         Rule 19b–4(f)(6) thereunder.4 The                        A. Self-Regulatory Organization’s
                                              change that are filed with the                            Commission is publishing this notice to                  Statement of the Purpose of, and
                                              Commission, and all written                               solicit comments on the proposed rule                    Statutory Basis for, the Proposed Rule
                                              communications relating to the                            change from interested persons.                          Change
                                              proposed rule change between the
                                                                                                        I. Self-Regulatory Organization’s                        1. Purpose
                                              Commission and any person, other than                     Statement of the Terms of Substance of
                                              those that may be withheld from the                       the Proposed Rule Change                                    The proposed rule change expands
                                              public in accordance with the                                                                                      the types of messages that Users may
                                              provisions of 5 U.S.C. 552, will be                          Cboe C2 Exchange, Inc. (the                           submit into bulk order ports. A bulk
                                              available for website viewing and                         ‘‘Exchange’’ or ‘‘C2’’) proposes to                      order port is a dedicated logical port
                                              printing in the Commission’s Public                       expand the types of messages that Users                  that provides Users with the ability to
                                              Reference Room, 100 F Street NE,                          may submit into bulk order ports. The                    submit single and bulk order messages
                                                                                                        text of the proposed rule change is                      to enter, modify, or cancel orders
                                              Washington, DC 20549, on official
                                                                                                        provided below.                                          designated as Post Only Orders 5 with a
                                              business days between the hours of
                                              10:00 a.m. and 3:00 p.m. Copies of the                    (additions are italicized; deletions are                 Time-in-Force of DAY 6 or GTD 7 with
                                              filing also will be available for                         [bracketed])                                             an expiration time on that trading day.
                                              inspection and copying at the principal                   *    *     *      *     *                                Post Only Orders with a Time-in-Force
                                                                                                                                                                 of Day or GTD are orders that will be
                                              office of the Exchange. All comments
                                                                                                        Cboe C2 Exchange, Inc.                                   posted to and displayed by the
                                              received will be posted without change.
                                                                                                        Rules                                                    Exchange, rather than removing
                                              Persons submitting comments are
                                                                                                                                                                 liquidity or routing to another options
                                              cautioned that we do not redact or edit                   *          *     *       *      *                        exchange. The Exchange currently
                                              personal identifying information from                                                                              limits the use of bulk order ports to
                                              comment submissions. You should                           Rule 1.1. Definitions
                                              submit only information that you wish                     *          *     *       *      *                          5 A ‘‘Post Only’’ order is an order the System

                                              to make available publicly. All                           Port                                                     ranks and executes pursuant to Rule 6.12, subjects
                                              submissions should refer to File                                                                                   to the Price Adjust process pursuant to Rule 6.12,
                                                                                                          The term ‘‘port’’ includes the                         or cancels or rejects (including if it is not subject
                                              Number SR–BX–2018–043 and should                                                                                   to the Price Adjust process and locks or cross a
                                              be submitted on or before October 10,                     following types of ports:                                Protected Quotation of another exchange), as
                                              2018.                                                       (a)–(b) No change.                                     applicable (in accordance with User instructions),
                                                                                                          (c) A ‘‘bulk order port’’ is a dedicated               except the order may not remove liquidity from the
                                                 For the Commission, by the Division                    logical port that provides Users with the                Book or route away to another exchange. See Rule
                                              of Trading and Markets, pursuant to                       ability to submit single and bulk order                  1.1 (paragraph (h) of definition of Order
                                              delegated authority.13                                                                                             Instruction).
                                                                                                        messages to enter, modify, or cancel
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                                                                   6 An order designated as ‘‘Day’’ means an order

                                              Eduardo A. Aleman,                                        auction responses or orders designated                   that, if not executed, expires at market close. See
                                              Assistant Secretary.
                                                                                                        as Post Only Orders with a Time-in-                      Rule 1.1 (definition of Time-in-Force).
                                                                                                                                                                   7 An order designated as ‘‘GTD’’ means an order

                                              [FR Doc. 2018–20308 Filed 9–18–18; 8:45 am]                                                                        that, if after entry into the System, is not fully
                                                                                                            1 15 U.S.C. 78s(b)(1).
                                              BILLING CODE 8011–01–P
                                                                                                                                                                 executed, remains available for potential display or
                                                                                                            2 17 CFR 240.19b–4.                                  execution until a date and time specified by the
                                                                                                            3 15 U.S.C. 78s(b)(3)(A)(iii).
                                                                                                                                                                 entering User unless cancelled by the entering User.
                                                13 17   CFR 200.30–3(a)(12).                                4 17 CFR 240.19b–4(f)(6).                            See Rule 1.1 (definition of Time-in-Force).



                                         VerDate Sep<11>2014     17:09 Sep 18, 2018   Jkt 244001   PO 00000    Frm 00057     Fmt 4703   Sfmt 4703   E:\FR\FM\19SEN1.SGM   19SEN1


                                                                       Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices                                            47385

                                              these orders to limit the use of these                   Force, Order Instructions, and routing                 processing information with respect to,
                                              ports to liquidity provision. The                        options. While orders submitted                        and facilitating transactions in
                                              primary purpose of bulk order ports is                   through bulk order ports pass through                  securities, to remove impediments to
                                              to encourage Users, and Market-Makers                    these same validation checks and                       and perfect the mechanism of a free and
                                              in particular, to quote on the Exchange.                 processes, they are not subject to                     open market and a national market
                                              As a general matter, however, the                        parameters such as routing options and                 system, and, in general, to protect
                                              overall purpose of bulk order ports is to                are restricted to one order instruction                investors and the public interest.
                                              allow Users to bundle multiple                           and two Time-in-Force options. As a                    Additionally, the Exchange believes the
                                              instructions in a single message and                     result, the System can perform these                   proposed rule change is consistent with
                                              provide all Users (not just Market-                      validation checks with respect to orders               the Section 6(b)(5) 17 requirement that
                                              Makers) with an efficient way to provide                 submitted through bulk order ports in a                the rules of an exchange not be designed
                                              liquidity on the Exchange.                               more efficient manner.                                 to permit unfair discrimination between
                                                 The proposed rule change permits                        Pursuant to Exchange technical                       customers, issuers, brokers, or dealers.
                                              Users to submit auction responses into                   specifications 12 and Fees Schedule,13                    In particular, the Exchange believes
                                              bulk order ports, in addition to Post                    the order messages per second that a                   the proposed rule change protects
                                              Only Orders with a Time-in-Force of                      User may submit through a non-bulk                     investors and the public interest
                                              Day or GTD with an expiration time on                    order port is smaller than the order                   because it provides all Users with an
                                              that trading day. The Exchange                           messages per second that a User may                    efficient process to enter and update
                                              currently offers one auction mechanism,                  submit through a bulk order port. The                  auction responses. Like quoting, auction
                                              the Complex Order Auction (‘‘COA’’),                     Exchange understands from certain                      responses are a critical form of liquidity
                                              which provides Users with additional                     Trading Permit Holders that they may                   on the Exchange. Auction mechanisms
                                              execution opportunities and potential                    restrict the number of auction response                and the execution and price
                                              price improvement for their complex                      messages they submit to avoid having to                improvement opportunities they
                                              orders.8 When the Exchange initiates a                   obtain additional ports. The Exchange                  provide are dependent on auction
                                              COA, it disseminates a message that                      believes permitting Users to submit                    responses submitted during the
                                              contains the relevant information about                  auction responses through bulk order                   auctions. Permitting Users to submit
                                              the auction order.9 The purpose of this                  ports will encourage Users to provide                  auction responses into bulk order ports
                                              message is to encourage Users to                         increased liquidity to auction                         is consistent with the purpose of these
                                              provide liquidity against which the                      mechanisms in a more cost-efficient                    ports and have a similar purpose as the
                                              auctioned order may trade. Users submit                  manner. While bulk order ports have a                  orders that Users are currently
                                              this liquidity in the form of auction                    higher monthly cost, the higher order                  permitted to enter into bulk order ports.
                                              responses. Like Post Only Orders with                    message/second rate may ultimately be                  The Exchange believes the proposed
                                              a Time-in-Force of Day or GTD with an                    more cost-efficient than a User having to              rule change may encourage the
                                              expiration time on the applicable                        obtain multiple additional non-bulk                    provision of additional liquidity in
                                              trading day, auction responses will not                  ports to accommodate the submission of                 auctions, which will provide additional
                                              remove liquidity from the Exchange                       auction responses. Additionally, Users                 execution and price improvement
                                              order book or route to another options                   that have both bulk and non-bulk order                 opportunities to auctioned orders,
                                              exchange. Auction responses are                          ports would be able to increase their                  which ultimately benefit investors.
                                              similarly available for execution for a                  submission of auction responses
                                                                                                                                                              B. Self-Regulatory Organization’s
                                              limited time period. Unexecuted                          without additional monthly fees.14
                                                                                                                                                              Statement on Burden on Competition
                                              auction responses are cancelled at the                   2. Statutory Basis
                                              end of the auction, and thus do not last                                                                          The Exchange does not believe that
                                              beyond the auction to which they were                       The Exchange believes the proposed                  the proposed rule change will impose
                                              submitted.10 Because the purpose of                      rule change is consistent with the                     any burden on competition that is not
                                              auction responses is to provide                          Securities Exchange Act of 1934 (the                   necessary or appropriate in furtherance
                                              liquidity, which is the purpose of bulk                  ‘‘Act’’) and the rules and regulations                 of the purposes of the Act. The
                                              order ports, the Exchange believes it is                 thereunder applicable to the Exchange                  Exchange does not believe the proposed
                                              appropriate to permit Users to submit                    and, in particular, the requirements of                rule change will impose any burden on
                                              auction responses into bulk order ports.                 Section 6(b) of the Act.15 Specifically,               intramarket competition, as the use of
                                                 Orders submitted to the Exchange                      the Exchange believes the proposed rule                bulk order ports and the proposed
                                              through all ports are subject to various                 change is consistent with the Section                  functionality is voluntary and available
                                              parameters, such as price reasonability                  6(b)(5) 16 requirements that the rules of              to all Users of the Exchange. Bulk order
                                              checks and volume restrictions.11 These                  an exchange be designed to prevent                     entry functionality is available to all
                                              parameters may be configured either by                   fraudulent and manipulative acts and                   Users of the Exchange, as is the
                                              the Exchange or the Member. Orders are                   practices, to promote just and equitable               proposed functionality to submit
                                              also subject to other validation checks                  principles of trade, to foster cooperation             auction responses into bulk order ports.
                                              and processes before execution, entry                    and coordination with persons engaged                  Users may already submit auction
                                              into the book, or cancellation. Examples                 in regulating, clearing, settling,                     responses to the Exchange using other
                                              of such validation checks include                                                                               types of ports—the proposed rule
                                              validating an order’s Capacity, Time-in-
                                                                                                         12 These technical specifications are available at
                                                                                                                                                              change merely provides Users of the
                                                                                                       http://markets.cboe.com/us/options/support/            Exchange with an additional method to
                                                                                                       technical/.
                                                                                                                                                              submit auction responses to the
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                                                8 See Rule 6.13(d). COA auctions eligible complex        13 See C2 Fees Schedule, Logical Connectivity
                                              orders for execution and potential price                 Fees, available at http://markets.cboe.com/us/         Exchange. The Exchange does not
                                              improvement.                                             options/membership/fee_schedule/ctwo/.                 believe the proposed rule change will
                                                9 See Rule 6.13(d)(1) (the Exchange initiates the        14 The Exchange notes certain Market-Makers
                                                                                                                                                              have any direct impact on intermarket
                                              COA process by sending a COA auction message).           currently only have bulk order ports, and thus are
                                                10 See Rule 6.13(d)(2)(C) and (4)(D).                  unable to provide liquidity to auction mechanisms
                                                                                                                                                              competition, as the proposed rule
                                                11 See, e.g., Rule 6.14 and technical specifications   without obtaining additional non-bulk order ports.     change relates solely to the manner in
                                                                                                         15 15 U.S.C. 78f(b).
                                              available at http://markets.cboe.com/us/options/
                                              support/technical/.                                        16 15 U.S.C. 78f(b)(5).                               17 Id.




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                                              47386                     Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices

                                              which Users may submit auction                            Paper Comments                                         SECURITIES AND EXCHANGE
                                              responses into auctions occurring on the                                                                         COMMISSION
                                              Exchange.                                                   • Send paper comments in triplicate
                                                                                                        to Secretary, Securities and Exchange                  [Release No. 34–84113; File No. SR–MRX–
                                              C. Self-Regulatory Organization’s                         Commission, 100 F Street NE,                           2018–27]
                                              Statement on Comments on the                              Washington, DC 20549–1090.
                                              Proposed Rule Change Received From                                                                               Self-Regulatory Organizations; Nasdaq
                                              Members, Participants, or Others                          All submissions should refer to File                   MRX, LLC; Notice of Filing and
                                                                                                        Number SR–C2–2018–019. This file                       Immediate Effectiveness of Proposed
                                                The Exchange neither solicited nor                      number should be included on the                       Rule Change To Relocate the
                                              received comments on the proposed                         subject line if email is used. To help the             Exchange’s Schedule of Fees
                                              rule change.                                              Commission process and review your
                                                                                                        comments more efficiently, please use                  September 13, 2018
                                              III. Date of Effectiveness of the                                                                                   Pursuant to Section 19(b)(1) of the
                                              Proposed Rule Change and Timing for                       only one method. The Commission will
                                                                                                        post all comments on the Commission’s                  Securities Exchange Act of 1934
                                              Commission Action                                                                                                (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                        internet website (http://www.sec.gov/
                                                 Because the foregoing proposed rule                    rules/sro.shtml). Copies of the                        notice is hereby given that on August
                                              change does not: (i) Significantly affect                                                                        31, 2018, Nasdaq MRX, LLC (‘‘MRX’’ or
                                                                                                        submission, all subsequent
                                              the protection of investors or the public                                                                        ‘‘Exchange’’) filed with the Securities
                                                                                                        amendments, all written statements
                                              interest; (ii) impose any significant                                                                            and Exchange Commission
                                                                                                        with respect to the proposed rule
                                              burden on competition; and (iii) become                                                                          (‘‘Commission’’) the proposed rule
                                                                                                        change that are filed with the                         change as described in Items I and II
                                              operative for 30 days from the date on                    Commission, and all written
                                              which it was filed, or such shorter time                                                                         below, which Items have been prepared
                                                                                                        communications relating to the                         by the Exchange. The Commission is
                                              as the Commission may designate, it has                   proposed rule change between the
                                              become effective pursuant to Section                                                                             publishing this notice to solicit
                                                                                                        Commission and any person, other than                  comments on the proposed rule change
                                              19(b)(3)(A)(iii) of the Act 18 and
                                                                                                        those that may be withheld from the                    from interested persons.
                                              subparagraph (f)(6) of Rule 19b–4
                                                                                                        public in accordance with the
                                              thereunder.19                                                                                                    I. Self-Regulatory Organization’s
                                                                                                        provisions of 5 U.S.C. 552, will be
                                                 At any time within 60 days of the                      available for website viewing and                      Statement of the Terms of Substance of
                                              filing of the proposed rule change, the                   printing in the Commission’s Public                    the Proposed Rule Change
                                              Commission summarily may                                  Reference Room, 100 F Street NE,                          The Exchange proposes to (a) relocate
                                              temporarily suspend such rule change if                   Washington, DC 20549, on official                      the MRX Schedule of Fees and current
                                              it appears to the Commission that such                                                                           Rule 209 to the Exchange’s rulebook’s
                                                                                                        business days between the hours of
                                              action is necessary or appropriate in the                                                                        (‘‘Rulebook’’) shell structure,3 and (b)
                                                                                                        10:00 a.m. and 3:00 p.m. Copies of the
                                              public interest, for the protection of                                                                           make conforming cross-reference
                                                                                                        filing also will be available for
                                              investors, or otherwise in furtherance of                                                                        changes throughout the Rulebook.
                                              the purposes of the Act. If the                           inspection and copying at the principal
                                                                                                        office of the Exchange. All comments                      The text of the proposed rule change
                                              Commission takes such action, the                                                                                is available on the Exchange’s website at
                                              Commission shall institute proceedings                    received will be posted without change.
                                                                                                        Persons submitting comments are                        http://nasdaqmrx.cchwallstreet.com/, at
                                              to determine whether the proposed rule                                                                           the principal office of the Exchange, and
                                              should be approved or disapproved.                        cautioned that we do not redact or edit
                                                                                                                                                               at the Commission’s Public Reference
                                                                                                        personal identifying information from
                                              IV. Solicitation of Comments                                                                                     Room.
                                                                                                        comment submissions. You should
                                                                                                        submit only information that you wish                  II. Self-Regulatory Organization’s
                                                Interested persons are invited to
                                                                                                        to make available publicly. All                        Statement of the Purpose of, and
                                              submit written data, views, and
                                                                                                        submissions should refer to File                       Statutory Basis for, the Proposed Rule
                                              arguments concerning the foregoing,
                                                                                                        Number SR–C2–2018–019 and should                       Change
                                              including whether the proposed rule
                                              change is consistent with the Act.                        be submitted on or before October 10,                    In its filing with the Commission, the
                                              Comments may be submitted by any of                       2018.                                                  Exchange included statements
                                              the following methods:                                      For the Commission, by the Division of               concerning the purpose of and basis for
                                                                                                        Trading and Markets, pursuant to delegated             the proposed rule change and discussed
                                              Electronic Comments                                                                                              any comments it received on the
                                                                                                        authority.20
                                                • Use the Commission’s internet                         Eduardo A. Aleman,                                     proposed rule change. The text of these
                                              comment form (http://www.sec.gov/                                                                                statements may be examined at the
                                                                                                        Assistant Secretary.
                                              rules/sro.shtml); or                                                                                             places specified in Item IV below. The
                                                                                                        [FR Doc. 2018–20307 Filed 9–18–18; 8:45 am]            Exchange has prepared summaries, set
                                                • Send an email to rule-comments@                       BILLING CODE 8011–01–P                                 forth in sections A, B, and C below, of
                                              sec.gov. Please include File Number SR–
                                              C2–2018–019 on the subject line.                                                                                   1 15  U.S.C. 78s(b)(1).
                                                                                                                                                                 2 17  CFR 240.19b–4.
                                                18 15  U.S.C. 78s(b)(3)(A)(iii).                                                                                  3 In 2017, the Exchange added a shell structure to
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                                                19 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–                                                             its Rulebook with the purpose of improving
                                              4(f)(6)(iii) requires a self-regulatory organization to                                                          efficiency and readability and to align its rules
                                              give the Commission written notice of its intent to                                                              closer to those of its five sister exchanges, The
                                              file the proposed rule change, along with a brief                                                                Nasdaq Stock Market LLC; Nasdaq BX, Inc.; Nasdaq
                                              description and text of the proposed rule change,                                                                PHLX LLC; Nasdaq GEMX, LLC; and Nasdaq ISE,
                                              at least five business days prior to the date of filing                                                          LLC (‘‘Affiliated Exchanges’’). See Securities
                                              of the proposed rule change, or such shorter time                                                                Exchange Act Release No. 82172 (November 29,
                                              as designated by the Commission. The Exchange                                                                    2017), 82 FR 57495 (December 5, 2017) (SR–MRX–
                                              has satisfied this requirement.                             20 17   CFR 200.30–3(a)(12).                         2017–26).



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Document Created: 2018-09-19 02:55:52
Document Modified: 2018-09-19 02:55:52
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 47384 

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