83_FR_52453 83 FR 52253 - Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of Filing of a Proposed Rule Change To Amend C2's Rulebook To Allow the Post Only Order Instruction on Complex Orders That Route to Its Electronic Book

83 FR 52253 - Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of Filing of a Proposed Rule Change To Amend C2's Rulebook To Allow the Post Only Order Instruction on Complex Orders That Route to Its Electronic Book

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 200 (October 16, 2018)

Page Range52253-52255
FR Document2018-22429

Federal Register, Volume 83 Issue 200 (Tuesday, October 16, 2018)
[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Notices]
[Pages 52253-52255]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22429]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84399; File No. SR-C2-2018-021]


Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of 
Filing of a Proposed Rule Change To Amend C2's Rulebook To Allow the 
Post Only Order Instruction on Complex Orders That Route to Its 
Electronic Book

October 10, 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 October 1, 2018, Cboe C2 Exchange, Inc. (the ``Exchange'' or 
``C2'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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 
amend C2's rulebook to allow the Post Only order instruction on complex 
orders that route to its electronic book.
    The text of the proposed rule change is available on the Exchange's 
website (http://www.c2exchange.com/Legal/), at the Exchange's Office of 
the Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    C2 recently adopted the Post Only order instruction on simple 
orders that route to its electronic book (``Simple Book''),\3\ and C2 
now proposes to adopt the Post Only order instruction on complex orders 
that route to its electronic book (``COB'').
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 83214 (May 11, 
2018), 83 FR 22796 (May 16, 2018) (SR-C2-2018-005).
---------------------------------------------------------------------------

Background
    Pursuant to C2 Rule 1.1, ``[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 crosses a 
Protected Quotation of another exchange), as applicable (in accordance 
with User instructions), except the order may not remove liquidity from 
the [Simple] Book or route away to another Exchange.'' In other words, 
if a Post Only order is entered into C2's automated trading system 
(``System''), it will not execute against an order resting in the 
Simple Book or route to another exchange. The purpose of the Post Only 
order is to add liquidity to the Simple Book.
    Because C2 has a maker-taker fee structure, pursuant to which an 
execution taking liquidity from the Simple Book is subject to a taker 
fee, the Post Only order instruction provides Trading Permit Holders 
(``TPHs'' or ``Users'') with the flexibility to avoid incurring a taker 
fee if the TPH's intent is to submit an order to add liquidity to the 
Simple Book. Additionally, under C2's maker-taker fee structure, if a 
TPH submits an order that adds liquidity to the Simple Book (for both 
penny and non-penny classes of options), it receives a rebate in 
connection with the execution of that order. For example, a Public 
Customer order that adds liquidity to the Simple Book in a non-penny 
class receives a rebate of $0.80, whereas a Public Customer order that 
removes liquidity from the Simple Book in a non-penny class incurs a 
fee of $0.85. Similar rebates and fees are also applied to Professional 
Customers, Firms, and Broker/Dealers orders, among others.
Complex Orders
    C2 does not currently offer Post Only complex orders. Like in the 
Simple Book, execution of a complex order taking liquidity from the COB 
is subject to a taker fee and execution of an order adding liquidity is 
subject to a maker rebate. For example, a Public Customer order that 
adds liquidity to the COB in a non-penny class receives a rebate of 
$0.75, whereas a Public Customer order that removes liquidity from the 
COB in a non-penny class incurs a fee of $0.83. Unlike in the Simple 
Book, however, a TPH that intends to submit a complex order to add 
liquidity to the COB is not given the same flexibility to avoid 
incurring a taker fee. Accordingly, C2 is proposing to add Post Only to 
the permissible types of complex orders submitted to the Exchange in C2 
Rule 6.13(b).
    Proposed C2 Rule 6.13(b)(2) states that upon receipt of a Post Only 
complex order with any Time-in-Force, the System does not initiate a 
complex order auction (``COA''), and if a User marks the Post Only 
complex order to initiate a COA, the System cancels the order. Not 
permitting a Post Only complex order to COA is consistent with the 
purposes of a Post Only order, which as discussed above is to add 
liquidity to the COB. Proposed C2 Rule 6.13(g)(4) states that Post Only 
complex orders may not Leg into the Simple Book and proposed C2 Rule 
6.13(h)(3) states that the System cancels or rejects a Post Only 
complex order if it locks or crosses a resting complex order in the COB 
or the then-current opposite side synthetic best bid or offer 
(``SBBO''). For example, assume there are no orders for a specific 
strategy resting on the COB, the synthetic national best bid or offer 
(``SNBBO'') is $3.00 by $3.15, and the SBBO is $2.95 by $3.15. Assume 
next that Complex Order 1 enters the COB to sell 10 contracts of that 
strategy at $3.14 and such order is posted to the COB. If Complex Order 
2 then enters the COB to buy 10 contracts of that strategy at $3.14, 
but Complex Order 2 also contains the Post Only instruction, Complex 
Order 2 is rejected since it locks the resting contra order. Similarly, 
assume there are no orders for a specific strategy resting on the COB, 
the SNBBO is $3.00 by $3.15, and the SBBO is $2.95 by $3.20. If a two-
leg Complex Order with the Post Only instruction enters the COB to buy 
10 contracts of that strategy at $3.20, that Complex Order is rejected 
since it cannot leg in to the Simple Book and it locks the contra side 
SBBO. This proposed functionality is consistent with the purpose of the 
Post Only instruction and ensures a Post

[[Page 52254]]

Only complex order will not remove liquidity from the Book. This is 
also consistent with the functionality and purpose of the Post Only 
order instruction on simple orders.
    By adding the Post Only order instruction for complex orders, TPHs 
will be given the ability to exercise more control over the 
circumstances in which their complex orders are executed and be 
encouraged to add liquidity in the complex order market. Any additional 
liquidity will subsequently benefit all participants who trade complex 
orders on the Exchange.
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.\4\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \5\ 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) \6\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
    \6\ Id.
---------------------------------------------------------------------------

    Specifically, the Post Only order instruction on complex orders is 
designed to encourage market participants to add liquidity in the 
complex order market, which will benefit investors. By giving market 
participants the flexibility to manage their execution costs and the 
circumstances in which their complex orders are executed, the Exchange 
believes the proposed rule change would remove impediments to perfect 
the mechanism of a free and open market and a national market system 
and protect investors. The Exchange also believes that the proposed 
rule change will contribute to the protection of investors and the 
public interest by assuring compliance with rules related to locked and 
crossed markets.
    Additionally, the Exchange notes that Post Only functionality is 
not new or unique functionality and is already available in a similar 
capacity. While the Post Only complex order type is not currently 
available in the market, C2 and other exchanges have implemented the 
Post Only simple order type, which functions in the same manner as the 
proposed Post Only complex order type. The purpose of a Post Only 
complex order is the same as the purpose of a Post Only simple order, 
given C2's maker-taker fee structure with respect to executions of 
complex orders.

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

    C2 does not believe that the proposed rule change will impose any 
burden on intramarket or intermarket competition that is not necessary 
or appropriate in furtherance of the purposes of the Act. In 
particular, the Exchange believes the proposed rule change will not 
burden intramarket competition because the Post Only order instruction 
on complex orders will be available to all market participants. 
Additionally, use of the Post Only order instruction on complex orders 
is voluntary. The Exchange also believes the proposed rule change will 
not impose any burden on intermarket competition because this relates 
to an instruction on orders that are submitted to the Exchange and may 
only execute on the Exchange. Additionally, nothing prevents other 
options exchanges that offer complex orders from adopting a Post Only 
complex order type. The Exchange also believes the proposed rule change 
will promote competition, as the Exchange believes it will encourage 
the provision of additional liquidity in the complex order market, 
which benefits all market participants.

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the Exchange consents, the Commission will:
    A. By order approve or disapprove such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule 
change should be 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 [email protected]. Please include 
File Number SR-C2-2018-021 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-C2-2018-021. 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-C2-2018-021, and should be submitted on 
or before November 6, 2018.


[[Page 52255]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-22429 Filed 10-15-18; 8:45 am]
 BILLING CODE 8011-04-P



                                                                             Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices                                         52253

                                                For the Commission, by the Division of                forth in sections A, B, and C below, of               Complex Orders
                                              Trading and Markets, pursuant to delegated              the most significant aspects of such
                                              authority.20                                                                                                     C2 does not currently offer Post Only
                                                                                                      statements.                                           complex orders. Like in the Simple
                                              Eduardo A. Aleman,
                                                                                                      A. Self-Regulatory Organization’s                     Book, execution of a complex order
                                              Assistant Secretary.                                                                                          taking liquidity from the COB is subject
                                                                                                      Statement of the Purpose of, and
                                              [FR Doc. 2018–22412 Filed 10–15–18; 8:45 am]                                                                  to a taker fee and execution of an order
                                                                                                      Statutory Basis for, the Proposed Rule
                                              BILLING CODE 8011–01–P
                                                                                                      Change                                                adding liquidity is subject to a maker
                                                                                                                                                            rebate. For example, a Public Customer
                                                                                                      1. Purpose                                            order that adds liquidity to the COB in
                                              SECURITIES AND EXCHANGE                                                                                       a non-penny class receives a rebate of
                                                                                                        C2 recently adopted the Post Only
                                              COMMISSION                                                                                                    $0.75, whereas a Public Customer order
                                                                                                      order instruction on simple orders that
                                              [Release No. 34–84399; File No. SR–C2–                  route to its electronic book (‘‘Simple                that removes liquidity from the COB in
                                              2018–021]                                               Book’’),3 and C2 now proposes to adopt                a non-penny class incurs a fee of $0.83.
                                                                                                      the Post Only order instruction on                    Unlike in the Simple Book, however, a
                                              Self-Regulatory Organizations; Cboe                     complex orders that route to its                      TPH that intends to submit a complex
                                              C2 Exchange, Inc.; Notice of Filing of                  electronic book (‘‘COB’’).                            order to add liquidity to the COB is not
                                              a Proposed Rule Change To Amend                                                                               given the same flexibility to avoid
                                              C2’s Rulebook To Allow the Post Only                    Background                                            incurring a taker fee. Accordingly, C2 is
                                              Order Instruction on Complex Orders                        Pursuant to C2 Rule 1.1, ‘‘[a] ‘‘Post              proposing to add Post Only to the
                                              That Route to Its Electronic Book                       Only’’ order is an order the System                   permissible types of complex orders
                                              October 10, 2018.                                       ranks and executes pursuant to Rule                   submitted to the Exchange in C2 Rule
                                                                                                      6.12, subjects to the Price Adjust                    6.13(b).
                                                 Pursuant to Section 19(b)(1) of the
                                                                                                      process pursuant to Rule 6.12, or                        Proposed C2 Rule 6.13(b)(2) states
                                              Securities Exchange Act of 1934 (the
                                                                                                      cancels or rejects (including if it is not            that upon receipt of a Post Only
                                              ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                      subject to the Price Adjust process and               complex order with any Time-in-Force,
                                              notice is hereby given that on October
                                                                                                      locks or crosses a Protected Quotation of             the System does not initiate a complex
                                              1, 2018, Cboe C2 Exchange, Inc. (the
                                                                                                      another exchange), as applicable (in                  order auction (‘‘COA’’), and if a User
                                              ‘‘Exchange’’ or ‘‘C2’’) filed with the
                                                                                                      accordance with User instructions),                   marks the Post Only complex order to
                                              Securities and Exchange Commission
                                                                                                      except the order may not remove                       initiate a COA, the System cancels the
                                              (the ‘‘Commission’’) the proposed rule
                                                                                                      liquidity from the [Simple] Book or                   order. Not permitting a Post Only
                                              change as described in Items I, II, and
                                                                                                      route away to another Exchange.’’ In                  complex order to COA is consistent
                                              III below, which Items have been
                                                                                                      other words, if a Post Only order is                  with the purposes of a Post Only order,
                                              prepared by the Exchange. The
                                                                                                      entered into C2’s automated trading                   which as discussed above is to add
                                              Commission is publishing this notice to
                                                                                                      system (‘‘System’’), it will not execute              liquidity to the COB. Proposed C2 Rule
                                              solicit comments on the proposed rule
                                                                                                      against an order resting in the Simple                6.13(g)(4) states that Post Only complex
                                              change from interested persons.
                                                                                                      Book or route to another exchange. The                orders may not Leg into the Simple
                                              I. Self-Regulatory Organization’s                       purpose of the Post Only order is to add              Book and proposed C2 Rule 6.13(h)(3)
                                              Statement of the Terms of Substance of                  liquidity to the Simple Book.                         states that the System cancels or rejects
                                              the Proposed Rule Change                                   Because C2 has a maker-taker fee                   a Post Only complex order if it locks or
                                                 Cboe C2 Exchange, Inc. (the                          structure, pursuant to which an                       crosses a resting complex order in the
                                              ‘‘Exchange’’ or ‘‘C2’’) proposes to amend               execution taking liquidity from the                   COB or the then-current opposite side
                                              C2’s rulebook to allow the Post Only                    Simple Book is subject to a taker fee, the            synthetic best bid or offer (‘‘SBBO’’). For
                                              order instruction on complex orders that                Post Only order instruction provides                  example, assume there are no orders for
                                              route to its electronic book.                           Trading Permit Holders (‘‘TPHs’’ or                   a specific strategy resting on the COB,
                                                 The text of the proposed rule change                 ‘‘Users’’) with the flexibility to avoid              the synthetic national best bid or offer
                                              is available on the Exchange’s website                  incurring a taker fee if the TPH’s intent             (‘‘SNBBO’’) is $3.00 by $3.15, and the
                                              (http://www.c2exchange.com/Legal/), at                  is to submit an order to add liquidity to             SBBO is $2.95 by $3.15. Assume next
                                              the Exchange’s Office of the Secretary,                 the Simple Book. Additionally, under                  that Complex Order 1 enters the COB to
                                              and at the Commission’s Public                          C2’s maker-taker fee structure, if a TPH              sell 10 contracts of that strategy at $3.14
                                              Reference Room.                                         submits an order that adds liquidity to               and such order is posted to the COB. If
                                                                                                      the Simple Book (for both penny and                   Complex Order 2 then enters the COB
                                              II. Self-Regulatory Organization’s                      non-penny classes of options), it                     to buy 10 contracts of that strategy at
                                              Statement of the Purpose of, and                        receives a rebate in connection with the              $3.14, but Complex Order 2 also
                                              Statutory Basis for, the Proposed Rule                  execution of that order. For example, a               contains the Post Only instruction,
                                              Change                                                  Public Customer order that adds                       Complex Order 2 is rejected since it
                                                In its filing with the Commission, the                liquidity to the Simple Book in a non-                locks the resting contra order. Similarly,
                                              Exchange included statements                            penny class receives a rebate of $0.80,               assume there are no orders for a specific
                                              concerning the purpose of and basis for                 whereas a Public Customer order that                  strategy resting on the COB, the SNBBO
                                              the proposed rule change and discussed                  removes liquidity from the Simple Book                is $3.00 by $3.15, and the SBBO is $2.95
                                              any comments it received on the                         in a non-penny class incurs a fee of                  by $3.20. If a two-leg Complex Order
                                              proposed rule change. The text of these                 $0.85. Similar rebates and fees are also              with the Post Only instruction enters
amozie on DSK3GDR082PROD with NOTICES1




                                              statements may be examined at the                       applied to Professional Customers,                    the COB to buy 10 contracts of that
                                              places specified in Item IV below. The                  Firms, and Broker/Dealers orders,                     strategy at $3.20, that Complex Order is
                                              Exchange has prepared summaries, set                    among others.                                         rejected since it cannot leg in to the
                                                                                                                                                            Simple Book and it locks the contra side
                                                20 17 CFR 200.30–3(a)(34).                              3 See Securities Exchange Act Release No. 83214     SBBO. This proposed functionality is
                                                1 15 U.S.C. 78s(b)(1).                                (May 11, 2018), 83 FR 22796 (May 16, 2018) (SR–       consistent with the purpose of the Post
                                                2 17 CFR 240.19b–4.                                   C2–2018–005).                                         Only instruction and ensures a Post


                                         VerDate Sep<11>2014   18:44 Oct 15, 2018   Jkt 247001   PO 00000   Frm 00066   Fmt 4703   Sfmt 4703   E:\FR\FM\16OCN1.SGM   16OCN1


                                              52254                            Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices

                                              Only complex order will not remove                          assuring compliance with rules related                  A. By order approve or disapprove
                                              liquidity from the Book. This is also                       to locked and crossed markets.                        such proposed rule change, or
                                              consistent with the functionality and                         Additionally, the Exchange notes that                 B. institute proceedings to determine
                                              purpose of the Post Only order                              Post Only functionality is not new or                 whether the proposed rule change
                                              instruction on simple orders.                               unique functionality and is already                   should be disapproved.
                                                 By adding the Post Only order                            available in a similar capacity. While
                                                                                                                                                                IV. Solicitation of Comments
                                              instruction for complex orders, TPHs                        the Post Only complex order type is not
                                                                                                          currently available in the market, C2                   Interested persons are invited to
                                              will be given the ability to exercise more
                                                                                                          and other exchanges have implemented                  submit written data, views, and
                                              control over the circumstances in which
                                                                                                          the Post Only simple order type, which                arguments concerning the foregoing,
                                              their complex orders are executed and
                                                                                                          functions in the same manner as the                   including whether the proposed rule
                                              be encouraged to add liquidity in the
                                                                                                          proposed Post Only complex order type.                change is consistent with the Act.
                                              complex order market. Any additional
                                                                                                          The purpose of a Post Only complex                    Comments may be submitted by any of
                                              liquidity will subsequently benefit all
                                                                                                          order is the same as the purpose of a                 the following methods:
                                              participants who trade complex orders
                                              on the Exchange.                                            Post Only simple order, given C2’s                    Electronic Comments
                                                                                                          maker-taker fee structure with respect to
                                              2. Statutory Basis                                          executions of complex orders.                           • Use the Commission’s internet
                                                                                                                                                                comment form (http://www.sec.gov/
                                                 The Exchange believes the proposed                       B. Self-Regulatory Organization’s                     rules/sro.shtml); or
                                              rule change is consistent with the                          Statement on Burden on Competition                      • Send an email to rule-comments@
                                              Securities Exchange Act of 1934 (the                           C2 does not believe that the proposed              sec.gov. Please include File Number SR–
                                              ‘‘Act’’) and the rules and regulations                      rule change will impose any burden on                 C2–2018–021 on the subject line.
                                              thereunder applicable to the Exchange                       intramarket or intermarket competition
                                              and, in particular, the requirements of                                                                           Paper Comments
                                                                                                          that is not necessary or appropriate in
                                              Section 6(b) of the Act.4 Specifically,                                                                              • Send paper comments in triplicate
                                                                                                          furtherance of the purposes of the Act.
                                              the Exchange believes the proposed rule                                                                           to Secretary, Securities and Exchange
                                                                                                          In particular, the Exchange believes the
                                              change is consistent with the Section                                                                             Commission, 100 F Street NE,
                                                                                                          proposed rule change will not burden
                                              6(b)(5) 5 requirements that the rules of                                                                          Washington, DC 20549–1090.
                                                                                                          intramarket competition because the
                                              an exchange be designed to prevent                          Post Only order instruction on complex                All submissions should refer to File
                                              fraudulent and manipulative acts and                        orders will be available to all market                Number SR–C2–2018–021. This file
                                              practices, to promote just and equitable                    participants. Additionally, use of the                number should be included on the
                                              principles of trade, to foster cooperation                  Post Only order instruction on complex                subject line if email is used. To help the
                                              and coordination with persons engaged                       orders is voluntary. The Exchange also                Commission process and review your
                                              in regulating, clearing, settling,                          believes the proposed rule change will                comments more efficiently, please use
                                              processing information with respect to,                     not impose any burden on intermarket                  only one method. The Commission will
                                              and facilitating transactions in                            competition because this relates to an                post all comments on the Commission’s
                                              securities, to remove impediments to                        instruction on orders that are submitted              internet website (http://www.sec.gov/
                                              and perfect the mechanism of a free and                     to the Exchange and may only execute                  rules/sro.shtml). Copies of the
                                              open market and a national market                           on the Exchange. Additionally, nothing                submission, all subsequent
                                              system, and, in general, to protect                         prevents other options exchanges that                 amendments, all written statements
                                              investors and the public interest.                          offer complex orders from adopting a                  with respect to the proposed rule
                                              Additionally, the Exchange believes the                     Post Only complex order type. The                     change that are filed with the
                                              proposed rule change is consistent with                     Exchange also believes the proposed                   Commission, and all written
                                              the Section 6(b)(5) 6 requirement that                      rule change will promote competition,                 communications relating to the
                                              the rules of an exchange not be designed                    as the Exchange believes it will                      proposed rule change between the
                                              to permit unfair discrimination between                     encourage the provision of additional                 Commission and any person, other than
                                              customers, issuers, brokers, or dealers.                    liquidity in the complex order market,                those that may be withheld from the
                                                 Specifically, the Post Only order                        which benefits all market participants.               public in accordance with the
                                              instruction on complex orders is                                                                                  provisions of 5 U.S.C. 552, will be
                                              designed to encourage market                                C. Self-Regulatory Organization’s                     available for website viewing and
                                              participants to add liquidity in the                        Statement on Comments on the                          printing in the Commission’s Public
                                              complex order market, which will                            Proposed Rule Change Received From                    Reference Room, 100 F Street NE,
                                              benefit investors. By giving market                         Members, Participants, or Others                      Washington, DC 20549 on official
                                              participants the flexibility to manage                        The Exchange neither solicited nor                  business days between the hours of
                                              their execution costs and the                               received comments on the proposed                     10:00 a.m. and 3:00 p.m. Copies of the
                                              circumstances in which their complex                        rule change.                                          filing also will be available for
                                              orders are executed, the Exchange                                                                                 inspection and copying at the principal
                                              believes the proposed rule change                           III. Date of Effectiveness of the                     office of the Exchange. All comments
                                              would remove impediments to perfect                         Proposed Rule Change and Timing for                   received will be posted without change.
                                              the mechanism of a free and open                            Commission Action                                     Persons submitting comments are
                                              market and a national market system                            Within 45 days of the date of                      cautioned that we do not redact or edit
                                              and protect investors. The Exchange                         publication of this notice in the Federal             personal identifying information from
amozie on DSK3GDR082PROD with NOTICES1




                                              also believes that the proposed rule                        Register or within such longer period                 comment submissions. You should
                                              change will contribute to the protection                    up to 90 days (i) as the Commission may               submit only information that you wish
                                              of investors and the public interest by                     designate if it finds such longer period              to make available publicly. All
                                                                                                          to be appropriate and publishes its                   submissions should refer to File
                                                4 15    U.S.C. 78f(b).                                    reasons for so finding or (ii) as to which            Number SR–C2–2018–021, and should
                                                5 15    U.S.C. 78f(b)(5).                                 the Exchange consents, the Commission                 be submitted on or before November 6,
                                                6 Id.                                                     will:                                                 2018.


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                                                                           Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices                                                   52255

                                                For the Commission, by the Division of                office of the Exchange, and at the                     components of a portfolio shall not
                                              Trading and Markets, pursuant to delegated              Commission’s Public Reference Room.                    account, in the aggregate, for more than
                                              authority.7                                                                                                    20% of the weight of the fixed income
                                              Eduardo A. Aleman,                                      II. Self-Regulatory Organization’s
                                                                                                                                                             portion of the portfolio, and
                                                                                                      Statement of the Purpose of, and
                                              Assistant Secretary.                                                                                           14.11(i)(4)(C)(iv)(a), which provides that
                                                                                                      Statutory Basis for, the Proposed Rule
                                              [FR Doc. 2018–22429 Filed 10–15–18; 8:45 am]                                                                   in the aggregate, at least 90% of the
                                                                                                      Change
                                              BILLING CODE 8011–04–P                                                                                         weight of listed derivatives holdings
                                                                                                         In its filing with the Commission, the              shall consist of futures, options, and
                                                                                                      Exchange included statements                           swaps for which the Exchange may
                                              SECURITIES AND EXCHANGE                                 concerning the purpose of and basis for                obtain information via the Intermarket
                                              COMMISSION                                              the proposed rule change and discussed                 Surveillance Group (‘‘ISG’’) from other
                                                                                                      any comments it received on the                        members or affiliates of the ISG or for
                                              [Release No. 34–84394; File No. SR–                     proposed rule change. The text of these
                                              CboeBZX–2018–072]                                                                                              which the principal market is a market
                                                                                                      statements may be examined at the                      with which the Exchange has a
                                              Self-Regulatory Organizations; Cboe                     places specified in Item IV below. The                 comprehensive surveillance sharing
                                              BZX Exchange, Inc.; Notice of Filing                    Exchange has prepared summaries, set                   agreement, calculated using the
                                              and Immediate Effectiveness of a                        forth in Sections A, B, and C below, of                aggregate gross notional value of such
                                              Proposed Rule Change To List and                        the most significant parts of such                     holdings.
                                              Trade Shares of the JPMorgan                            statements.
                                                                                                                                                             Description of the Shares and the Funds
                                              Municipal ETF and JPMorgan Ultra-                       A. Self-Regulatory Organization’s
                                              Short Municipal ETF of the J.P. Morgan                                                                            J.P. Morgan Investment Management,
                                                                                                      Statement of the Purpose of, and the                   Inc. is the investment adviser (the
                                              Exchange-Traded Fund Trust Under                        Statutory Basis for, the Proposed Rule                 ‘‘Adviser’’) to the Fund. JPMorgan Chase
                                              Rule 14.11(i), Managed Fund Shares                      Change                                                 Bank, N.A. is the administrator,
                                              October 10, 2018.                                       1. Purpose                                             custodian, and transfer agent
                                                 Pursuant to Section 19(b)(1) of the                     The Exchange proposes to list and                   (‘‘Administrator,’’ ‘‘Custodian,’’ and
                                              Securities Exchange Act of 1934 (the                                                                           ‘‘Transfer Agent,’’ respectively) for the
                                                                                                      trade the Shares under Rule 14.11(i),
                                              ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                         Trust. JPMorgan Distribution Services,
                                                                                                      which governs the listing and trading of
                                              notice is hereby given that on                                                                                 Inc. serves as the distributor
                                                                                                      Managed Fund Shares on the
                                              September 26, 2018, Cboe BZX                                                                                   (‘‘Distributor’’) for the Trust.
                                                                                                      Exchange.5 The Funds will be actively                     Rule 14.11(i)(7) provides that, if the
                                              Exchange, Inc. (the ‘‘Exchange’’ or                     managed funds. The Shares will be
                                              ‘‘BZX’’) filed with the Securities and                                                                         investment adviser to the investment
                                                                                                      offered by the Trust, which was                        company issuing Managed Fund Shares
                                              Exchange Commission (‘‘Commission’’)                    established as a Delaware statutory
                                              the proposed rule change as described                                                                          is affiliated with a broker-dealer, such
                                                                                                      trust. The Trust is registered with the                investment adviser shall erect a ‘‘fire
                                              in Items I and II below, which Items                    Commission as an open-end investment
                                              have been prepared by the Exchange.                                                                            wall’’ between the investment adviser
                                                                                                      company and has filed a registration                   and the broker-dealer with respect to
                                              The Exchange has designated this                        statement on behalf of the Fund on
                                              proposal as a ‘‘non-controversial’’                                                                            access to information concerning the
                                                                                                      Form N–1A (‘‘Registration Statement’’)                 composition and/or changes to such
                                              proposed rule change pursuant to                        with the Commission.6
                                              Section 19(b)(3)(A) of the Act 3 and Rule                                                                      investment company portfolio.7 In
                                                                                                         Rule 14.11(i)(4)(C)(ii)(a) requires that            addition, Rule 14.11(i)(7) further
                                              19b–4(f)(6)(iii) thereunder,4 which                     component fixed income securities that,
                                              renders it effective upon filing with the                                                                      requires that personnel who make
                                                                                                      in the aggregate, account for at least                 decisions on the investment company’s
                                              Commission. The Commission is                           75% of the weight of the portfolio shall
                                              publishing this notice to solicit                                                                              portfolio composition must be subject to
                                                                                                      have a minimum principal amount
                                              comments on the proposed rule change                    outstanding of $100 million or more.                      7 An investment adviser to an open-end fund is
                                              from interested persons.                                The Exchange submits this proposal                     required to be registered under the Investment
                                              I. Self-Regulatory Organization’s                       because the portfolios of the Funds will               Advisers Act of 1940 (the ‘‘Advisers Act’’). As a
                                                                                                      not meet this requirement. The Fund                    result, the Adviser and its related personnel are
                                              Statement of the Terms of Substance of                                                                         subject to the provisions of Rule 204A–1 under the
                                              the Proposed Rule Change                                will, however, meet all of the other                   Advisers Act relating to codes of ethics. This Rule
                                                                                                      requirements of Rule 14.11(i)(4)(C)(ii),               requires investment advisers to adopt a code of
                                                 The Exchange filed a proposal to list                (iii), (iv) and (v), specifically including            ethics that reflects the fiduciary nature of the
                                              and trade shares of the JPMorgan                        Rule 14.11(i)(4)(C)(iv), which provides                relationship to clients as well as compliance with
                                              Municipal ETF and JPMorgan Ultra-                                                                              other applicable securities laws. Accordingly,
                                                                                                      that non-agency, non-GSE, and                          procedures designed to prevent the communication
                                              Short Municipal ETF (each a ‘‘Fund’’ or,                privately-issued mortgage-related and                  and misuse of non-public information by an
                                              collectively, the ‘‘Funds’’) of the J.P.                other asset-backed securities                          investment adviser must be consistent with Rule
                                              Morgan Exchange-Traded Fund Trust                                                                              204A–1 under the Advisers Act. In addition, Rule
                                              (the ‘‘Trust’’ or the ‘‘Issuer’’) under Rule                                                                   206(4)–7 under the Advisers Act makes it unlawful
                                                                                                        5 The Commission approved Rule 14.11(i) in
                                                                                                                                                             for an investment adviser to provide investment
                                              14.11(i) (‘‘Managed Fund Shares’’). The                 Securities Exchange Act Release No. 65225 (August      advice to clients unless such investment adviser has
                                              shares of the Funds are referred to                     30, 2011), 76 FR 55148 (September 6, 2011) (SR–        (i) adopted and implemented written policies and
                                                                                                      BATS–2011–018).                                        procedures reasonably designed to prevent
                                              herein as the ‘‘Shares.’’                                 6 See Registration Statement on Form N–1A for
                                                                                                                                                             violation, by the investment adviser and its
                                                 The text of the proposed rule change                 the Trust, dated July 31, 2018 (File Nos. 333–         supervised persons, of the Advisers Act and the
amozie on DSK3GDR082PROD with NOTICES1




                                              is available at the Exchange’s website at               191837 and 811–22903). The descriptions of the         Commission rules adopted thereunder; (ii)
                                              www.markets.cboe.com, at the principal                  Fund and the Shares contained herein are based, in     implemented, at a minimum, an annual review
                                                                                                      part, on information in the Registration Statement.    regarding the adequacy of the policies and
                                                7 17                                                  The Commission has issued an order granting            procedures established pursuant to subparagraph (i)
                                                     CFR 200.30–3(a)(12).
                                                1 15
                                                                                                      certain exemptive relief to the Trust under the        above and the effectiveness of their
                                                     U.S.C. 78s(b)(1).                                Investment Company Act of 1940 (15 U.S.C.              implementation; and (iii) designated an individual
                                                2 17 CFR 240.19b–4.
                                                                                                      80a–1) (‘‘1940 Act’’) (the ‘‘Exemptive Order’’). See   (who is a supervised person) responsible for
                                                3 15 U.S.C. 78s(b)(3)(A).
                                                                                                      Investment Company Act Release No. 31990               administering the policies and procedures adopted
                                                4 17 CFR 240.19b–4(f)(6)(iii).                        (February 9, 2016) (File No. 811–22903).               under subparagraph (i) above.



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Document Created: 2018-10-15 23:42:31
Document Modified: 2018-10-15 23:42:31
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 52253 

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