83_FR_580 83 FR 577 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 5050 To Extend the Pilot Program That Lists RealDay Options (“RealDay Pilot Program”)

83 FR 577 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 5050 To Extend the Pilot Program That Lists RealDay Options (“RealDay Pilot Program”)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 3 (January 4, 2018)

Page Range577-579
FR Document2017-28436

Federal Register, Volume 83 Issue 3 (Thursday, January 4, 2018)
[Federal Register Volume 83, Number 3 (Thursday, January 4, 2018)]
[Notices]
[Pages 577-579]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28436]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82414; File No. SR-BOX-2017-38]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Amend Rule 5050 To Extend the Pilot Program That Lists RealDay Options 
(``RealDay Pilot Program'')

December 28, 2017.
    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 December 21, 2017, BOX Options Exchange LLC (the ``Exchange'') 
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 self-regulatory organization. The Commission 
is publishing this notice to solicit comments on the proposed rule 
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.

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[[Page 578]]

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

    The Exchange proposes to amend Rule 5050 to extend the pilot 
program that lists RealDay Options (``RealDay Pilot Program''). The 
text of the proposed rule change is available from the principal office 
of the Exchange, at the Commission's Public Reference Room and also on 
the Exchange's internet website at http://boxoptions.com.

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 self-regulatory organization 
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 self-regulatory organization 
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 Exchange proposes to amend Rule 5050(f) to extend the time 
period of the RealDay Pilot Program,\3\ which is currently scheduled to 
expire on February 2, 2018, through February 2, 2019.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 79936 (February 2, 
2017), 82 FR 9886 (February 8, 2017) (Order Granting Approval of a 
Proposed Rule Change To Amend Rule 5050 Series of Options Contracts 
Open for Trading To Provide for the Listing and Trading on the 
Exchange of RealDay).
---------------------------------------------------------------------------

    This filing does not propose any substantive changes to the RealDay 
Pilot Program. In the original proposal to establish the RealDay Pilot 
Program, the Exchange stated that if it were to propose an extension, 
permanent approval or termination of the program, the Exchange would 
submit, along with any filing proposing such amendments to the program, 
a report containing an analysis of volume, open interest, and trading 
patterns in RealDay Options. In addition, the Exchange stated that 
pilot report would provide analysis of price volatility and trading 
activity in additional option series.
    Because the industry has not finished developing the technology for 
clearing and settlement of RealDay Options and BOX has not launched 
this product, there is no meaningful data available to compile the 
Pilot Report at this time and therefore the Exchange did not file a 
Pilot Report prior to this extension request. The Exchange believes it 
is appropriate to extend the RealDay Pilot Program to provide time for 
the industry to develop and implement the requisite technology so that 
the Exchange can prepare a meaningful Pilot Report if it were to 
propose any further extension, permanent approval or termination of the 
program.
    As with the original proposal to establish the RealDay Pilot 
Program, the Exchange represents that the Pilot Report will be 
submitted within two (2) months of the end of the extended pilot 
period. The Pilot Report will contain the following volume and open 
interest data for RealDay Options:
    (1) Daily contract trading volume aggregated for all trades, for 
all option series with less than 31 days until expiration;
    (2) daily contract trading volume aggregated by expiration date, 
for all option series with less than 31 days until expiration;
    (3) daily contract trading volume for each individual series;
    (4) daily open interest aggregated for all series, for all option 
series with less than 31 days until expiration;
    (5) daily open interest aggregated for all series by expiration 
date, for all option series with less than 31 days until expiration;
    (6) daily open interest for each individual series;
    (7) statistics on the distribution of trade sizes;
    (8) type of market participant trading (e.g., contract trading 
volume for each market participant type); and
    (9) 5-minute returns, level changes, and trading volume for the S&P 
500 Index, VIX, SPY, IVV, and expiring RealDay options between open and 
close for the first and second Wednesday of the month that is a trading 
day and trading days when standard SPY options expire.
    In addition to the pilot report, the Exchange would periodically 
provide the Commission with interim reports of the information listed 
in items (1) through (9) above as required by the Commission while the 
pilot is in effect. These interim reports would also be provided on a 
confidential basis.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of Section 6(b) of the Act,\4\ in general, and Section 
6(b)(5) of the Act,\5\ in particular, in that it is designed to prevent 
fraudulent and manipulative acts and practices, to promote just and 
equitable principles of trade, 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. The Exchange 
believes that extending the RealDay Pilot Program promotes just and 
equitable principles of trade by permitting market participants, 
including market makers, institutional investors and retail investors, 
to introduce new and innovative products to the marketplace. Further, 
the Exchange believes that extending the RealDay Pilot Program will 
allow the industry to fully develop and implement the requisite 
technology for RealDay Options which will allow the Exchange to launch 
the Program in order to gather the requisite data for the above 
mentioned pilot report.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The proposed rule change is not 
designed to address any aspect of competition, whether between the 
Exchange and its competitors, or among market participants. Instead, 
the proposed rule change is designed to allow the RealDay Pilot Program 
to continue while the industry develops the technology needed for 
RealDay Options.

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

    The Exchange has neither solicited nor received 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) of the Act and Rule 19b-
4(f)(6) thereunder.\6\
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    \6\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the 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.

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[[Page 579]]

    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-BOX-2017-38 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BOX-2017-38. 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 such 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-BOX-2017-38, and should be submitted on 
or before January 25, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-28436 Filed 1-3-18; 8:45 am]
BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Notices                                                       577

                                               broker-dealer firms and from third-                     enhance competition among both                         proposed rule change between the
                                               parties, which may provide prices free                  market participants and listing venues,                Commission and any person, other than
                                               with a time delay, or ‘‘live’’ with a paid              to the benefit of investors and the                    those that may be withheld from the
                                               fee. Major broker-dealer firms will also                marketplace.                                           public in accordance with the
                                               provide intraday quotes on swaps of the                                                                        provisions of 5 U.S.C. 552, will be
                                                                                                       C. Self-Regulatory Organization’s
                                               type held by the Fund. For Bitcoin                                                                             available for website viewing and
                                               Futures Contracts, such intraday                        Statement on Comments on the
                                                                                                       Proposed Rule Change Received From                     printing in the Commission’s Public
                                               information is available directly from                                                                         Reference Room, 100 F Street NE,
                                               the applicable listing exchange. Intraday               Members, Participants, or Others
                                                                                                                                                              Washington, DC 20549 on official
                                               price information is also available                       The Exchange has neither solicited                   business days between the hours of
                                               through subscription services, such as                  nor received written comments on the                   10:00 a.m. and 3:00 p.m. Copies of the
                                               Bloomberg and Thomson Reuters,                          proposed rule change.                                  filing also will be available for
                                               which can be accessed by authorized                                                                            inspection and copying at the principal
                                                                                                       III. Date of Effectiveness of the
                                               participants and other investors. Pricing                                                                      office of the Exchange. All comments
                                                                                                       Proposed Rule Change and Timing for
                                               information related to money market                                                                            received will be posted without change.
                                                                                                       Commission Action
                                               fund shares will be available through                                                                          Persons submitting comments are
                                               issuer websites and publicly available                     Within 45 days of the date of
                                                                                                                                                              cautioned that we do not redact or edit
                                               quotation services such as Bloomberg,                   publication of this notice in the Federal
                                                                                                                                                              personal identifying information from
                                               Markit and Thomson Reuters. Money                       Register, or within such longer period
                                                                                                                                                              comment submissions. You should
                                               market fund shares are not generally                    up to 90 days (i) as the Commission may
                                                                                                                                                              submit only information that you wish
                                               priced or quoted on an intraday basis.                  designate if it finds such longer period
                                                                                                                                                              to make available publicly. All
                                                  The proposed rule change is designed                 to be appropriate and publishes its
                                                                                                                                                              submissions should refer to File
                                               to perfect the mechanism of a free and                  reasons for so finding or (ii) as to which
                                                                                                                                                              Number SR–CboeBZX–2017–013 and
                                               open market and, in general, to protect                 the self-regulatory organization
                                                                                                                                                              should be submitted on or before
                                               investors and the public interest in that               consents, the Commission will:
                                                                                                          A. by order approve or disapprove the               January 25, 2018.
                                               it will facilitate the listing and trading
                                               of additional types of actively-managed                 proposed rule change, or                                 For the Commission, by the Division of
                                               exchange-traded products that will                         B. institute proceedings to determine               Trading and Markets, pursuant to delegated
                                               enhance competition among market                        whether the proposed rule change                       authority.51
                                               participants, to the benefit of investors               should be disapproved.                                 Robert W. Errett,
                                               and the marketplace. As noted above,                    IV. Solicitation of Comments                           Deputy Secretary.
                                               the Exchange has in place surveillance                                                                         [FR Doc. 2017–28439 Filed 1–3–18; 8:45 am]
                                               procedures relating to trading in the                     Interested persons are invited to
                                               Shares and may obtain information via                   submit written data, views, and                        BILLING CODE 8011–01–P

                                               ISG from other exchanges that are                       arguments concerning the foregoing,
                                               members of ISG or with which the                        including whether the proposed rule
                                                                                                       change is consistent with the Act.                     SECURITIES AND EXCHANGE
                                               Exchange has entered into a
                                                                                                       Comments may be submitted by any of                    COMMISSION
                                               comprehensive surveillance sharing
                                               agreement as well as trade information                  the following methods:
                                               for certain fixed income instruments as                                                                        [Release No. 34–82414; File No. SR–BOX–
                                                                                                       Electronic Comments                                    2017–38]
                                               reported to FINRA’s TRACE. At least
                                               90% of the weight of the Bitcoin                          • Use the Commission’s internet
                                               Derivatives held by the Funds will trade                comment form (http://www.sec.gov/                      Self-Regulatory Organizations; BOX
                                               on markets that are a member of ISG or                  rules/sro.shtml); or                                   Options Exchange LLC; Notice of
                                               affiliated with a member of ISG or with                   • Send an email to rule-comments@                    Filing and Immediate Effectiveness of
                                               which the Exchange has in place a                       sec.gov. Please include File Number SR–                a Proposed Rule Change To Amend
                                               comprehensive surveillance sharing                      CboeBZX–2017–013 on the subject line.                  Rule 5050 To Extend the Pilot Program
                                               agreement. In addition, as noted above,                                                                        That Lists RealDay Options (‘‘RealDay
                                                                                                       Paper Comments
                                               investors will have ready access to                                                                            Pilot Program’’)
                                               information regarding the Fund’s                           • Send paper comments in triplicate
                                                                                                       to Secretary, Securities and Exchange                  December 28, 2017.
                                               holdings, the Intraday Indicative Value,
                                               the Disclosed Portfolio, and quotation                  Commission, 100 F Street NE,                              Pursuant to Section 19(b)(1) of the
                                               and last sale information for the Shares.               Washington, DC 20549–1090.                             Securities Exchange Act of 1934 (the
                                                  For the above reasons, the Exchange                  All submissions should refer to File                   ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               believes that the proposed rule change                  Number SR–CboeBZX–2017–013. This                       notice is hereby given that on December
                                               is consistent with the requirements of                  file number should be included on the                  21, 2017, BOX Options Exchange LLC
                                               Section 6(b)(5) of the Act.                             subject line if email is used. To help the             (the ‘‘Exchange’’) filed with the
                                                                                                       Commission process and review your                     Securities and Exchange Commission
                                               B. Self-Regulatory Organization’s                       comments more efficiently, please use                  (‘‘Commission’’) the proposed rule
                                               Statement on Burden on Competition                      only one method. The Commission will                   change as described in Items I and II
                                                  The Exchange does not believe that                   post all comments on the Commission’s                  below, which Items have been prepared
                                               the proposed rule change will impose                    internet website (http://www.sec.gov/                  by the self-regulatory organization. The
ethrower on DSK3G9T082PROD with NOTICES




                                               any burden on competition that is not                   rules/sro.shtml). Copies of the                        Commission is publishing this notice to
                                               necessary or appropriate in furtherance                 submission, all subsequent                             solicit comments on the proposed rule
                                               of the purpose of the Act. The Exchange                 amendments, all written statements                     change from interested persons.
                                               notes that the proposed rule change,                    with respect to the proposed rule
                                               rather will facilitate the listing and                  change that are filed with the                           51 17 CFR 200.30–3(a)(12).
                                               trading of additional actively-managed                  Commission, and all written                              1 15 U.S.C. 78s(b)(1).
                                               exchange-traded products that will                      communications relating to the                           2 17 CFR 240.19b–4.




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                                               578                           Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Notices

                                               I. Self-Regulatory Organization’s                       there is no meaningful data available to                Act,5 in particular, in that it is designed
                                               Statement of the Terms of the Substance                 compile the Pilot Report at this time and               to prevent fraudulent and manipulative
                                               of the Proposed Rule Change                             therefore the Exchange did not file a                   acts and practices, to promote just and
                                                  The Exchange proposes to amend                       Pilot Report prior to this extension                    equitable principles of trade, to remove
                                               Rule 5050 to extend the pilot program                   request. The Exchange believes it is                    impediments to and perfect the
                                               that lists RealDay Options (‘‘RealDay                   appropriate to extend the RealDay Pilot                 mechanism of a free and open market
                                               Pilot Program’’). The text of the                       Program to provide time for the industry                and a national market system, and, in
                                               proposed rule change is available from                  to develop and implement the requisite                  general, to protect investors and the
                                               the principal office of the Exchange, at                technology so that the Exchange can                     public interest. The Exchange believes
                                               the Commission’s Public Reference                       prepare a meaningful Pilot Report if it                 that extending the RealDay Pilot
                                               Room and also on the Exchange’s                         were to propose any further extension,                  Program promotes just and equitable
                                               internet website at http://                             permanent approval or termination of                    principles of trade by permitting market
                                               boxoptions.com.                                         the program.                                            participants, including market makers,
                                                                                                          As with the original proposal to                     institutional investors and retail
                                               II. Self-Regulatory Organization’s                      establish the RealDay Pilot Program, the                investors, to introduce new and
                                               Statement of the Purpose of, and                        Exchange represents that the Pilot                      innovative products to the marketplace.
                                               Statutory Basis for, the Proposed Rule                  Report will be submitted within two (2)                 Further, the Exchange believes that
                                               Change                                                  months of the end of the extended pilot                 extending the RealDay Pilot Program
                                                  In its filing with the Commission, the               period. The Pilot Report will contain the               will allow the industry to fully develop
                                               self-regulatory organization included                   following volume and open interest data                 and implement the requisite technology
                                               statements concerning the purpose of,                   for RealDay Options:                                    for RealDay Options which will allow
                                               and basis for, the proposed rule change                    (1) Daily contract trading volume                    the Exchange to launch the Program in
                                               and discussed any comments it received                  aggregated for all trades, for all option               order to gather the requisite data for the
                                               on the proposed rule change. The text                   series with less than 31 days until                     above mentioned pilot report.
                                               of these statements may be examined at                  expiration;                                             B. Self-Regulatory Organization’s
                                               the places specified in Item IV below.                     (2) daily contract trading volume                    Statement on Burden on Competition
                                               The self-regulatory organization has                    aggregated by expiration date, for all
                                                                                                       option series with less than 31 days                      The Exchange does not believe that
                                               prepared summaries, set forth in                                                                                the proposed rule change will impose
                                               Sections A, B, and C below, of the most                 until expiration;
                                                                                                          (3) daily contract trading volume for                any burden on competition not
                                               significant aspects of such statements.                                                                         necessary or appropriate in furtherance
                                                                                                       each individual series;
                                               A. Self-Regulatory Organization’s                          (4) daily open interest aggregated for               of the purposes of the Act. The
                                               Statement of the Purpose of, and                        all series, for all option series with less             proposed rule change is not designed to
                                               Statutory Basis for, the Proposed Rule                  than 31 days until expiration;                          address any aspect of competition,
                                               Change                                                     (5) daily open interest aggregated for               whether between the Exchange and its
                                                                                                       all series by expiration date, for all                  competitors, or among market
                                               1. Purpose                                                                                                      participants. Instead, the proposed rule
                                                                                                       option series with less than 31 days
                                                  The Exchange proposes to amend                       until expiration;                                       change is designed to allow the RealDay
                                               Rule 5050(f) to extend the time period                     (6) daily open interest for each                     Pilot Program to continue while the
                                               of the RealDay Pilot Program,3 which is                 individual series;                                      industry develops the technology
                                               currently scheduled to expire on                           (7) statistics on the distribution of                needed for RealDay Options.
                                               February 2, 2018, through February 2,                   trade sizes;                                            C. Self-Regulatory Organization’s
                                               2019.                                                      (8) type of market participant trading
                                                  This filing does not propose any                                                                             Statement on Comments on the
                                                                                                       (e.g., contract trading volume for each                 Proposed Rule Change Received From
                                               substantive changes to the RealDay Pilot                market participant type); and
                                               Program. In the original proposal to                                                                            Members, Participants, or Others
                                                                                                          (9) 5-minute returns, level changes,
                                               establish the RealDay Pilot Program, the                and trading volume for the S&P 500                        The Exchange has neither solicited
                                               Exchange stated that if it were to                      Index, VIX, SPY, IVV, and expiring                      nor received comments on the proposed
                                               propose an extension, permanent                         RealDay options between open and                        rule change.
                                               approval or termination of the program,                 close for the first and second                          III. Date of Effectiveness of the
                                               the Exchange would submit, along with                   Wednesday of the month that is a                        Proposed Rule Change and Timing for
                                               any filing proposing such amendments                    trading day and trading days when                       Commission Action
                                               to the program, a report containing an                  standard SPY options expire.
                                               analysis of volume, open interest, and                     In addition to the pilot report, the                    Because the foregoing proposed rule
                                               trading patterns in RealDay Options. In                 Exchange would periodically provide                     change does not: (i) Significantly affect
                                               addition, the Exchange stated that pilot                the Commission with interim reports of                  the protection of investors or the public
                                               report would provide analysis of price                  the information listed in items (1)                     interest; (ii) impose any significant
                                               volatility and trading activity in                      through (9) above as required by the                    burden on competition; and (iii) become
                                               additional option series.                               Commission while the pilot is in effect.                operative for 30 days from the date on
                                                  Because the industry has not finished                These interim reports would also be                     which it was filed, or such shorter time
                                               developing the technology for clearing                  provided on a confidential basis.                       as the Commission may designate, it has
                                               and settlement of RealDay Options and                                                                           become effective pursuant to Section
ethrower on DSK3G9T082PROD with NOTICES




                                               BOX has not launched this product,                      2. Statutory Basis                                      19(b)(3)(A) of the Act and Rule 19b–
                                                                                                          The Exchange believes that the                       4(f)(6) thereunder.6
                                                 3 See Securities Exchange Act Release No. 79936
                                                                                                       proposal is consistent with the
                                                                                                                                                                 5 15U.S.C. 78f(b)(5).
                                               (February 2, 2017), 82 FR 9886 (February 8, 2017)       requirements of Section 6(b) of the Act,4
                                               (Order Granting Approval of a Proposed Rule                                                                       6 17CFR 240.19b–4(f)(6). As required under Rule
                                               Change To Amend Rule 5050 Series of Options             in general, and Section 6(b)(5) of the                  19b–4(f)(6)(iii), the Exchange provided the
                                               Contracts Open for Trading To Provide for the                                                                   Commission with written notice of its intent to file
                                               Listing and Trading on the Exchange of RealDay).          4 15   U.S.C. 78f(b).                                 the proposed rule change, along with a brief



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                                                                               Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Notices                                                          579

                                                  At any time within 60 days of the                     inspection and copying at the principal                schedule to lower the Internal
                                               filing of the proposed rule change, the                  office of the Exchange. All comments                   Distribution 5 fees and to adopt per User
                                               Commission summarily may                                 received will be posted without change.                fees for the Cboe One Summary Feed.
                                               temporarily suspend such rule change if                  Persons submitting comments are                           The text of the proposed rule change
                                               it appears to the Commission that such                   cautioned that we do not redact or edit                is available at the Exchange’s website at
                                               action is necessary or appropriate in the                personal identifying information from                  www.markets.cboe.com, at the principal
                                               public interest, for the protection of                   comment submissions. You should                        office of the Exchange, and at the
                                               investors, or otherwise in furtherance of                submit only information that you wish                  Commission’s Public Reference Room.
                                               the purposes of the Act. If the                          to make available publicly. All                        II. Self-Regulatory Organization’s
                                               Commission takes such action, the                        submissions should refer to File                       Statement of the Purpose of, and
                                               Commission shall institute proceedings                   Number SR–BOX–2017–38, and should                      Statutory Basis for, the Proposed Rule
                                               to determine whether the proposed rule                   be submitted on or before January 25,                  Change
                                               should be approved or disapproved.                       2018.
                                                                                                                                                                  In its filing with the Commission, the
                                               IV. Solicitation of Comments                               For the Commission, by the Division of               Exchange included statements
                                                                                                        Trading and Markets, pursuant to delegated
                                                 Interested persons are invited to                      authority.7                                            concerning the purpose of and basis for
                                               submit written data, views, and                                                                                 the proposed rule change and discussed
                                                                                                        Robert W. Errett,
                                               arguments concerning the foregoing,                                                                             any comments it received on the
                                                                                                        Deputy Secretary.
                                               including whether the proposed rule                                                                             proposed rule change. The text of these
                                                                                                        [FR Doc. 2017–28436 Filed 1–3–18; 8:45 am]             statements may be examined at the
                                               change is consistent with the Act.
                                               Comments may be submitted by any of
                                                                                                        BILLING CODE 8011–01–P                                 places specified in Item IV below. The
                                               the following methods:                                                                                          Exchange has prepared summaries, set
                                                                                                                                                               forth in Sections A, B, and C below, of
                                               Electronic Comments                                      SECURITIES AND EXCHANGE                                the most significant parts of such
                                                                                                        COMMISSION                                             statements.
                                                 • Use the Commission’s internet
                                               comment form (http://www.sec.gov/                        [Release No. 34–82423; File No. SR–
                                                                                                                                                               (A) Self-Regulatory Organization’s
                                               rules/sro.shtml); or                                     CboeEDGA–2017–004]
                                                                                                                                                               Statement of the Purpose of, and
                                                 • Send an email to rule-comments@                                                                             Statutory Basis for, the Proposed Rule
                                                                                                        Self-Regulatory Organizations; Cboe
                                               sec.gov. Please include File Number SR–                                                                         Change
                                                                                                        EDGA Exchange, Inc.; Notice of Filing
                                               BOX–2017–38 on the subject line.
                                                                                                        and Immediate Effectiveness of a                       1. Purpose
                                               Paper Comments                                           Proposed Rule Change Related to
                                                                                                                                                                  The Exchange proposes to amend the
                                                                                                        Market Data Fees
                                                  • Send paper comments in triplicate                                                                          Market Data section of its fee schedule
                                               to Brent J. Fields, Secretary, Securities                December 29, 2017.                                     to lower the fee for Internal Distribution
                                               and Exchange Commission, 100 F Street                       Pursuant to Section 19(b)(1) of the                 and to adopt separate fees for
                                               NE, Washington, DC 20549–1090.                           Securities Exchange Act of 1934 (the                   Professional 6 and Non-Professional
                                               All submissions should refer to File                     ‘‘Act’’),1 and Rule 19b–4 thereunder,2                 Users 7 for the Cboe One Summary Feed.
                                               Number SR–BOX–2017–38. This file                         notice is hereby given that on December                   The Cboe One Feed is an optional
                                               number should be included on the                         15, 2017, Cboe EDGA Exchange, Inc.                     data feed that disseminates, on a real-
                                               subject line if email is used. To help the               (the ‘‘Exchange’’ or ‘‘EDGA’’) filed with
                                                                                                                                                                  5 A ‘‘Distributor’’ is defined as ‘‘any entity that
                                               Commission process and review your                       the Securities and Exchange
                                                                                                                                                               receives the Exchange Market Data product directly
                                               comments more efficiently, please use                    Commission (‘‘Commission’’) the                        from the Exchange or indirectly through another
                                               only one method. The Commission will                     proposed rule change as described in                   entity and then distributes it internally or externally
                                               post all comments on the Commission’s                    Items I, II and III below, which Items                 to a third party.’’ See the Exchange’s fee schedule
                                                                                                                                                               available at http://markets.cboe.com/us/equities/
                                               internet website (http://www.sec.gov/                    have been prepared by the Exchange.                    membership/fee_schedule/edga/. An ‘‘Internal
                                               rules/sro.shtml). Copies of the                          The Exchange has designated the                        Distributor’’ is defined as ‘‘a Distributor that
                                               submission, all subsequent                               proposed rule change as one                            receives the Exchange Market Data product and
                                               amendments, all written statements                       establishing or changing a member due,                 then distributes that data to one or more Users
                                                                                                                                                               within the Distributor’s own entity.’’ Id.
                                               with respect to the proposed rule                        fee, or other charge imposed by the                       6 A ‘‘Professional User’’ is defined as ‘‘any User
                                               change that are filed with the                           Exchange under Section 19(b)(3)(A)(ii)                 other than a Non-Professional User.’’ See the
                                               Commission, and all written                              of the Act 3 and Rule 19b–4(f)(2)                      Exchange’s fee schedule available at http://
                                               communications relating to the                           thereunder,4 which renders the                         markets.cboe.com/us/equities/membership/fee_
                                                                                                                                                               schedule/edga/.
                                               proposed rule change between the                         proposed rule change effective upon                       7 A ‘‘Non-Professional User’’ is currently defined
                                               Commission and any person, other than                    filing with the Commission. The                        as ‘‘a natural person who is not: (i) Registered or
                                               those that may be withheld from the                      Commission is publishing this notice to                qualified in any capacity with the Commission, the
                                               public in accordance with the                            solicit comments on the proposed rule                  Commodity Futures Trading Commission, any state
                                                                                                                                                               securities agency, any securities exchange or
                                               provisions of 5 U.S.C. 552, will be                      change from interested persons.                        association, or any commodities or futures contract
                                               available for website viewing and                        I. Self-Regulatory Organization’s                      market or association; (ii) engaged as an
                                               printing in the Commission’s Public                                                                             ‘‘investment adviser’’ as that term is defined in
                                                                                                        Statement of the Terms of Substance of                 Section 202(a)(11) of the Investment Advisers Act
                                               Reference Room, 100 F Street NE,                         the Proposed Rule Change                               of 1940 (whether or not registered or qualified
                                               Washington, DC 20549 on official                                                                                under that Act); or (iii) employed by a bank or other
ethrower on DSK3G9T082PROD with NOTICES




                                               business days between the hours of                          The Exchange filed a proposal to                    organization exempt from registration under federal
                                               10:00 a.m. and 3:00 p.m. Copies of such                  amend the Market Data section of its fee               or state securities laws to perform functions that
                                                                                                                                                               would require registration or qualification if such
                                               filing also will be available for                                                                               functions were performed for an organization not so
                                                                                                          7 17 CFR 200.30–3(a)(12).
                                                                                                          1 15
                                                                                                                                                               exempt.’’ Id. See SR–CboeEDGA–2017–003 (filed
                                               description and the text of the proposed rule                   U.S.C. 78s(b)(1).                               December 15, 2017) (amending the definition of
                                                                                                          2 17 CFR 240.19b–4.
                                               change, at least five business days prior to the date                                                           Non-Professional User to harmonize it with that of
                                                                                                          3 15 U.S.C. 78s(b)(3)(A)(ii).
                                               of filing of the proposed rule change, or such                                                                  its affiliate exchanges, Cboe Exchange, Inc. and C2
                                               shorter time as designated by the Commission.              4 17 CFR 240.19b–4(f)(2).                            Exchange, Inc. as of January 2, 2018).



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Document Created: 2018-01-04 02:02:09
Document Modified: 2018-01-04 02:02:09
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 577 

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