83_FR_58002 83 FR 57780 - Self-Regulatory Organizations; Cboe Futures Exchange, LLC; Notice of a Filing of a Proposed Rule Change Regarding Block Trade and Exchange of Contract for Related Position Reporting Provisions

83 FR 57780 - Self-Regulatory Organizations; Cboe Futures Exchange, LLC; Notice of a Filing of a Proposed Rule Change Regarding Block Trade and Exchange of Contract for Related Position Reporting Provisions

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 222 (November 16, 2018)

Page Range57780-57782
FR Document2018-24983

Federal Register, Volume 83 Issue 222 (Friday, November 16, 2018)
[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)]
[Notices]
[Pages 57780-57782]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24983]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84561; File No. SR-CFE-2018-003]


Self-Regulatory Organizations; Cboe Futures Exchange, LLC; Notice 
of a Filing of a Proposed Rule Change Regarding Block Trade and 
Exchange of Contract for Related Position Reporting Provisions

November 9, 2018.
    Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934 
(``Act''),\1\ notice is hereby given that on November 2, 2018 Cboe 
Futures Exchange, LLC (``CFE'' or ``Exchange'') filed with the 
Securities and Exchange Commission (``SEC'' or ``Commission'') the 
proposed rule change described in Items I, II, and III below, which 
Items have been prepared by CFE. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons. CFE also has filed this proposed rule change with the 
Commodity Futures Trading Commission (``CFTC''). CFE filed a written 
certification with the CFTC under Section 5c(c) of the Commodity 
Exchange Act (``CEA'') \2\ on November 2, 2018.
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    \1\ 15 U.S.C. 78s(b)(7).
    \2\ 7 U.S.C. 7a-2(c).
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I. Self-Regulatory Organization's Description of the Proposed Rule 
Change

    The Exchange proposes to amend reporting provisions under CFE Rules 
414, 415, and 714 relating to Block Trades and Exchange of Contract for 
Related Position (``ECRP'') transactions. The scope of this filing is 
limited solely to the application of the proposed rule amendments to 
security futures that may be traded on CFE. Although no security 
futures are currently listed for trading on CFE, CFE may list security 
futures for trading in the future. The text of the proposed rule change 
is attached as Exhibit 4 to the filing but is not attached to the 
publication of this notice.

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

    In its filing with the Commission, CFE 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. CFE has prepared summaries, set forth in Sections A, B, 
and C below, of the most significant aspects of such statements.

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

1. Purpose
    The proposed rule change revises the criteria for who can act as an 
Authorized Reporter for Exchange of Contract for Related Position 
(``ECRP'') transactions and Block Trades and to allow for the 
assessment of summary fines for violations of two comparable ECRP and 
Block Trade reporting provisions.
    The first two changes provided for in the proposed rule change 
relate to who can act as an Authorized Reporter for ECRP transactions 
and Block Trades. CFE Rule 414 (Exchange of Contract for Related 
Position) governs ECRP transactions and CFE Rule 415 (Block Trades) 
governs Block Trades. Rule 414(i) and Rule 415(f) provide that each CFE 
Trading Privilege Holder (``TPH'') executing an ECRP transaction or 
Block Trade, as applicable, must have at least one designated 
individual that is either a TPH or a Related Party \3\ of a TPH and 
that is pre-authorized by a Clearing Member to report ECRP transactions 
and Block Trades on behalf of the TPH. An individual designated for 
this purpose is referred to as an Authorized Reporter. CFE is proposing 
to amend Rule 414(i) and Rule 415(f) to remove the requirement that an 
Authorized Reporter must be a TPH or a Related Party of a TPH. CFE is 
also proposing to amend Rule 414(i) and Rule 415(f) to make clear that, 
to the extent required by applicable law, an Authorized Reporter must 
be registered or otherwise permitted by the appropriate regulatory body 
or bodies to act in the capacity of an Authorized Reporter and to 
conduct related activities.
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    \3\ Chapter 1 of CFE's Rulebook provides that: The term 
``Related Party'' means, with respect to any TPH: Any partner, 
director, officer, branch manager, employee or agent of such TPH (or 
any Person occupying a similar status or performing similar 
functions); any Person directly or indirectly Controlling, 
Controlled by, or under common Control with, such TPH; or any 
Authorized Trader of such TPH.
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    CFE understands from TPHs that there are service providers that 
perform reporting functions that are similar to ECRP transaction and 
Block Trade reporting and that there are TPHs that would like to 
utilize individuals from these service providers (who are not either a 
TPH or a Related Party of a TPH) to act as an Authorized Reporter for 
ECRP transactions and Block Trades

[[Page 57781]]

involving CFE products. CFE also understands that these TPHs would find 
it easier to utilize individuals from these service providers to report 
ECRP transactions and Block Trades, such as because these TPHs already 
utilize these service providers to perform similar functions in other 
markets. Additionally, CFE understands that some TPHs that are active 
market participants find the requirement that an Authorized Reporter 
must be a TPH or a Related Party of a TPH to be cumbersome because the 
practical effect of this requirement is that those TPHs are doing their 
own ECRP transaction and Block Trade reporting. As a result, these TPHs 
need to take time away from their trading activities in order to go 
through the administrative steps to complete the reporting process. The 
proposed rule change will allow these TPHs to outsource this reporting 
to service providers and to focus on providing liquidity into the 
market which inures to the benefit of all market participants.
    Accordingly, CFE believes that the elimination of the requirement 
that an Authorized Reporter be a TPH or Related Party of a TPH will 
improve the efficiency of CFE's reporting mechanism for ECRP 
transactions and Block Trades and of CFE's market while still 
maintaining the key elements of the current ECRP transaction and Block 
Trade reporting provisions under Rule 414 and Rule 415. Among these 
elements are that an Authorized Reporter for a TPH will still need to 
be designated to act in that capacity by the TPH and will still need to 
be pre-authorized by a Clearing Member for the TPH to act in that 
capacity. In providing a pre-authorization for an Authorized Reporter, 
a Clearing Member will also still need to accept responsibility for all 
ECRP transactions and Block Trades reported to the Exchange by that 
Authorized Reporter on behalf of the applicable TPH. Additionally, Rule 
414(i) and Rule 415(f) will continue to provide that both the parties 
to and Authorized Reporters for an ECRP transaction or Block Trade, as 
applicable, are obligated to comply with the requirements of Rule 414 
and Rule 415, as applicable. Similarly, Rule 414(i) and Rule 415(f) 
will continue to provide that any of these parties or Authorized 
Reporters may be held responsible by the Exchange for noncompliance 
with those requirements.
    Additionally, the proposed rule change makes clear that, to the 
extent required by applicable law, an Authorized Reporter must be 
registered or otherwise permitted by the appropriate regulatory body or 
bodies to act in the capacity of an Authorized Reporter and to conduct 
related activities. For example, an Authorized Reporter may be required 
to be registered with the CFTC through the National Futures Association 
as an Introducing Broker in order to act as an Authorized Reporter and 
to conduct related activities.
    In implementing the proposed rule change, CFE will require an 
Authorized Reporter that is not a TPH or Related Party of a TPH to 
execute the form used to designate that party as an Authorized 
Reporter. CFE will also require the Authorized Reporter to agree in the 
form to abide by CFE rules applicable to Block Trades and ECRPs, to be 
subject to the jurisdiction of the Exchange with respect to compliance 
with those provisions, and to acknowledge in the form that the 
Authorized Reporter must be registered or otherwise permitted by the 
appropriate regulatory body or bodies to act in the capacity of an 
Authorized Reporter and to conduct related activities if and to the 
extent required by applicable law.
    The second two changes provided for in the proposed rule change 
revise CFE Rule 714 (Imposition of Fines for Minor Rule Violations) to 
include violations of Rule 414(j) and Rule 415(g) within the list of 
minor rule violations for which the Exchange may impose summary fines. 
Rule 414(j) and Rule 415(g) provide that each party to an ECRP 
transaction or Block Trade, as applicable, is obligated to have an 
Authorized Reporter notify the Exchange of the terms of the transaction 
after the transaction is agreed upon and that this notification must be 
made within a Permissible Reporting Period by no later than the 
Reporting Deadline (as further defined by Rule 414 and Rule 415, as 
applicable). Rule 714(f)(x) already provides for a summary fine 
schedule for violations of two other provisions of Rule 414 with 
reporting requirements applicable to ECRP transactions, and the 
proposed rule change makes this summary fine schedule also applicable 
to violations of Rule 414(j). Similarly, Rule 714(f)(xiv) already 
provides for a summary fine schedule for violations of two other 
provisions of Rule 415 with reporting requirements applicable to Block 
Trades, and the proposed rule change makes this summary fine schedule 
also applicable to violations of Rule 415(g).
    The Exchange believes that the proposed rule change will benefit 
CFE market participants by allowing TPHs to focus on trading and 
providing liquidity to CFE's market by allowing them to utilize third 
party service providers to perform the administrative functions of 
reporting Block Trades and ECRPs. This reporting process involves 
logging into a portal to CFE's systems, inputting information, and 
providing to or receiving from the other party a reference ID. Allowing 
TPHs to focus on trading and providing liquidity in turn inures to the 
benefit of CFE's market. Additionally, including violations of 
additional Block Trade and ECRP reporting requirements under CFE's 
minor rule violation rule is consistent with the current inclusion of 
similar Block Trade and ECRP reporting requirements under the rule and 
improves the efficiency of CFE's disciplinary process.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\4\ in general, and furthers the 
objectives of Sections 6(b)(1),\5\ 6(b)(5),\6\ and 6(b)(7) \7\ in 
particular, in that it is designed:
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(1).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ 15 U.S.C. 78f(b)(7).
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     To enable the Exchange to enforce compliance by its TPHs 
and persons associated with its TPHs with the provisions of the rules 
of the Exchange,
     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, and
     to provide a fair procedure for the disciplining of TPHs 
and persons associated with TPHs.
    The Exchange believes that the proposed rule change will improve 
the efficiency and functioning of the reporting mechanism for ECRP 
transactions and Block Trades and thus CFE's market by providing TPHs 
with greater flexibility as to who can act as an Authorized Reporter 
for these transactions. Also, CFE believes that the application of 
summary fine schedules for violations of Rule 414(j) and Rule 415(g) 
will provide motivation and incentive for TPHs and Authorized Reporters 
to comply with the ECRP transaction and Block Trade reporting 
requirements under those provisions in order to avoid summary fines and 
provides an effective and efficient means of disciplining for reporting 
infractions that do not warrant a regular disciplinary proceeding.

[[Page 57782]]

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

    CFE 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, in that the proposed rule change will improve 
the efficiency and functioning of the reporting mechanism for ECRP 
transactions and Block Trades and thus CFE's market. The Exchange 
believes that the proposed rule change is equitable and not unfairly 
discriminatory in that the rule amendments included in the proposed 
rule change would apply equally to all CFE market participants.

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

    No written comments were solicited or received with respect to the 
proposed rule change.

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

    The proposed rule change will become operative on November 19, 
2018. At any time within 60 days of the date of effectiveness of the 
proposed rule change, the Commission, after consultation with the CFTC, 
may summarily abrogate the proposed rule change and require that the 
proposed rule change be refiled in accordance with the provisions of 
Section 19(b)(1) of the Act.\8\
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    \8\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

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-CFE-2018-003 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-CFE-2018-003. 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-CFE-2018-003, and should be submitted on 
or before December 7, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(73).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-24983 Filed 11-15-18; 8:45 am]
 BILLING CODE 8011-01-P



                                             57780                       Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Notices

                                                Rule 9b–1(b)(2)(i) under the Act 14                  SECURITIES AND EXCHANGE                                summaries, set forth in Sections A, B,
                                             provides that an options market must                    COMMISSION                                             and C below, of the most significant
                                             file five copies of an amendment or                                                                            aspects of such statements.
                                                                                                     [Release No. 34–84561; File No. SR–CFE–
                                             supplement to the ODD with the                          2018–003]                                              A. Self-Regulatory Organization’s
                                             Commission at least 30 days prior to the                                                                       Statement of the Purpose of, and
                                             date definitive copies are furnished to                 Self-Regulatory Organizations; Cboe                    Statutory Basis for, the Proposed Rule
                                             customers, unless the Commission                        Futures Exchange, LLC; Notice of a                     Change
                                             determines otherwise, having due                        Filing of a Proposed Rule Change
                                             regard to the adequacy of the                           Regarding Block Trade and Exchange                     1. Purpose
                                             information disclosed and the public                    of Contract for Related Position                          The proposed rule change revises the
                                             interest and protection of investors.15 In              Reporting Provisions                                   criteria for who can act as an
                                             addition, five copies of the definitive                                                                        Authorized Reporter for Exchange of
                                                                                                     November 9, 2018.
                                             ODD, as amended or supplemented,                                                                               Contract for Related Position (‘‘ECRP’’)
                                                                                                        Pursuant to Section 19(b)(7) of the                 transactions and Block Trades and to
                                             must be filed with the Commission not                   Securities Exchange Act of 1934
                                             later than the date the amendment or                                                                           allow for the assessment of summary
                                                                                                     (‘‘Act’’),1 notice is hereby given that on             fines for violations of two comparable
                                             supplement, or the amended ODD, is                      November 2, 2018 Cboe Futures                          ECRP and Block Trade reporting
                                             furnished to customers. The                             Exchange, LLC (‘‘CFE’’ or ‘‘Exchange’’)                provisions.
                                             Commission has reviewed the October                     filed with the Securities and Exchange                    The first two changes provided for in
                                             2018 Supplement, and the amendments                     Commission (‘‘SEC’’ or ‘‘Commission’’)                 the proposed rule change relate to who
                                             to the ODD contained therein, and finds                 the proposed rule change described in                  can act as an Authorized Reporter for
                                             that, having due regard to the adequacy                 Items I, II, and III below, which Items                ECRP transactions and Block Trades.
                                             of the information disclosed and the                    have been prepared by CFE. The                         CFE Rule 414 (Exchange of Contract for
                                             public interest and protection of                       Commission is publishing this notice to                Related Position) governs ECRP
                                             investors, the supplement may be                        solicit comments on the proposed rule                  transactions and CFE Rule 415 (Block
                                             furnished to customers as of the date of                change from interested persons. CFE                    Trades) governs Block Trades. Rule
                                             this order.                                             also has filed this proposed rule change               414(i) and Rule 415(f) provide that each
                                                                                                     with the Commodity Futures Trading                     CFE Trading Privilege Holder (‘‘TPH’’)
                                                It is therefore ordered, pursuant to                 Commission (‘‘CFTC’’). CFE filed a
                                             Rule 9b–1 under the Act,16 that                                                                                executing an ECRP transaction or Block
                                                                                                     written certification with the CFTC                    Trade, as applicable, must have at least
                                             definitive copies of the October 2018                   under Section 5c(c) of the Commodity                   one designated individual that is either
                                             Supplement to the ODD (SR–ODD–                          Exchange Act (‘‘CEA’’) 2 on November 2,                a TPH or a Related Party 3 of a TPH and
                                             2018–01), reflecting the inclusion of                   2018.                                                  that is pre-authorized by a Clearing
                                             disclosure regarding foreign currency                                                                          Member to report ECRP transactions and
                                             index options and implied volatility                    I. Self-Regulatory Organization’s
                                                                                                     Description of the Proposed Rule                       Block Trades on behalf of the TPH. An
                                             index options, certain contract                                                                                individual designated for this purpose is
                                             adjustment disclosures, and T+2                         Change
                                                                                                                                                            referred to as an Authorized Reporter.
                                             settlement, may be furnished to                            The Exchange proposes to amend                      CFE is proposing to amend Rule 414(i)
                                             customers as of the date of this order.                 reporting provisions under CFE Rules                   and Rule 415(f) to remove the
                                                                                                     414, 415, and 714 relating to Block                    requirement that an Authorized
                                               For the Commission, by the Division of
                                                                                                     Trades and Exchange of Contract for                    Reporter must be a TPH or a Related
                                             Trading and Markets, pursuant to delegated
                                                                                                     Related Position (‘‘ECRP’’) transactions.              Party of a TPH. CFE is also proposing
                                             authority.17
                                                                                                     The scope of this filing is limited solely             to amend Rule 414(i) and Rule 415(f) to
                                             Eduardo A. Aleman,                                      to the application of the proposed rule                make clear that, to the extent required
                                             Assistant Secretary.                                    amendments to security futures that                    by applicable law, an Authorized
                                             [FR Doc. 2018–24988 Filed 11–15–18; 8:45 am]            may be traded on CFE. Although no                      Reporter must be registered or otherwise
                                             BILLING CODE 8011–01–P                                  security futures are currently listed for              permitted by the appropriate regulatory
                                                                                                     trading on CFE, CFE may list security                  body or bodies to act in the capacity of
                                                                                                     futures for trading in the future. The text            an Authorized Reporter and to conduct
                                                                                                     of the proposed rule change is attached                related activities.
                                                                                                     as Exhibit 4 to the filing but is not                     CFE understands from TPHs that
                                                                                                     attached to the publication of this                    there are service providers that perform
                                                                                                     notice.                                                reporting functions that are similar to
                                                                                                     II. Self-Regulatory Organization’s                     ECRP transaction and Block Trade
                                                                                                     Statement of the Purpose of, and                       reporting and that there are TPHs that
                                                                                                     Statutory Basis for, the Proposed Rule                 would like to utilize individuals from
                                             are made in the future. Any future changes to the       Change                                                 these service providers (who are not
                                             rules of the options markets concerning foreign                                                                either a TPH or a Related Party of a
                                                                                                        In its filing with the Commission, CFE
                                             currency index options and implied volatility index                                                            TPH) to act as an Authorized Reporter
                                                                                                     included statements concerning the
                                             options would need to be submitted to the                                                                      for ECRP transactions and Block Trades
                                             Commission under Section 19(b) of the Act. 15
                                                                                                     purpose of and basis for the proposed
                                             U.S.C. 78s(b).                                          rule change and discussed any
amozie on DSK3GDR082PROD with NOTICES




                                                                                                                                                              3 Chapter 1 of CFE’s Rulebook provides that: The
                                               14 17 CFR 240.9b–1(b)(2)(i).                          comments it received on the proposed                   term ‘‘Related Party’’ means, with respect to any
                                               15 This provision permits the Commission to           rule change. The text of these statements              TPH: Any partner, director, officer, branch manager,
                                             shorten or lengthen the period of time which must       may be examined at the places specified                employee or agent of such TPH (or any Person
                                                                                                                                                            occupying a similar status or performing similar
                                             elapse before definitive copies may be furnished to     in Item IV below. CFE has prepared                     functions); any Person directly or indirectly
                                             customers.
                                                                                                                                                            Controlling, Controlled by, or under common
                                               16 17 CFR 240.9b–1.                                     1 15  U.S.C. 78s(b)(7).                              Control with, such TPH; or any Authorized Trader
                                               17 17 CFR 200.30–3(a)(39).                              27   U.S.C. 7a–2(c).                                 of such TPH.



                                        VerDate Sep<11>2014   17:19 Nov 15, 2018   Jkt 247001   PO 00000    Frm 00067   Fmt 4703   Sfmt 4703   E:\FR\FM\16NON1.SGM   16NON1


                                                                         Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Notices                                          57781

                                             involving CFE products. CFE also                        act in the capacity of an Authorized                  reporting Block Trades and ECRPs. This
                                             understands that these TPHs would find                  Reporter and to conduct related                       reporting process involves logging into
                                             it easier to utilize individuals from these             activities. For example, an Authorized                a portal to CFE’s systems, inputting
                                             service providers to report ECRP                        Reporter may be required to be                        information, and providing to or
                                             transactions and Block Trades, such as                  registered with the CFTC through the                  receiving from the other party a
                                             because these TPHs already utilize these                National Futures Association as an                    reference ID. Allowing TPHs to focus on
                                             service providers to perform similar                    Introducing Broker in order to act as an              trading and providing liquidity in turn
                                             functions in other markets.                             Authorized Reporter and to conduct                    inures to the benefit of CFE’s market.
                                             Additionally, CFE understands that                      related activities.                                   Additionally, including violations of
                                             some TPHs that are active market                           In implementing the proposed rule                  additional Block Trade and ECRP
                                             participants find the requirement that                  change, CFE will require an Authorized                reporting requirements under CFE’s
                                             an Authorized Reporter must be a TPH                    Reporter that is not a TPH or Related                 minor rule violation rule is consistent
                                             or a Related Party of a TPH to be                       Party of a TPH to execute the form used               with the current inclusion of similar
                                             cumbersome because the practical effect                 to designate that party as an Authorized              Block Trade and ECRP reporting
                                             of this requirement is that those TPHs                  Reporter. CFE will also require the                   requirements under the rule and
                                             are doing their own ECRP transaction                    Authorized Reporter to agree in the form              improves the efficiency of CFE’s
                                             and Block Trade reporting. As a result,                 to abide by CFE rules applicable to                   disciplinary process.
                                             these TPHs need to take time away from                  Block Trades and ECRPs, to be subject
                                             their trading activities in order to go                 to the jurisdiction of the Exchange with              2. Statutory Basis
                                             through the administrative steps to                     respect to compliance with those                         The Exchange believes that the
                                             complete the reporting process. The                     provisions, and to acknowledge in the                 proposed rule change is consistent with
                                             proposed rule change will allow these                   form that the Authorized Reporter must                Section 6(b) of the Act,4 in general, and
                                             TPHs to outsource this reporting to                     be registered or otherwise permitted by               furthers the objectives of Sections
                                             service providers and to focus on                       the appropriate regulatory body or                    6(b)(1),5 6(b)(5),6 and 6(b)(7) 7 in
                                             providing liquidity into the market                     bodies to act in the capacity of an                   particular, in that it is designed:
                                             which inures to the benefit of all market               Authorized Reporter and to conduct
                                             participants.                                           related activities if and to the extent                  • To enable the Exchange to enforce
                                                Accordingly, CFE believes that the                   required by applicable law.                           compliance by its TPHs and persons
                                             elimination of the requirement that an                     The second two changes provided for                associated with its TPHs with the
                                             Authorized Reporter be a TPH or                         in the proposed rule change revise CFE                provisions of the rules of the Exchange,
                                             Related Party of a TPH will improve the                 Rule 714 (Imposition of Fines for Minor                  • to prevent fraudulent and
                                             efficiency of CFE’s reporting mechanism                 Rule Violations) to include violations of             manipulative acts and practices,
                                             for ECRP transactions and Block Trades                  Rule 414(j) and Rule 415(g) within the                   • to promote just and equitable
                                             and of CFE’s market while still                         list of minor rule violations for which               principles of trade,
                                             maintaining the key elements of the                     the Exchange may impose summary
                                                                                                                                                              • to remove impediments to and
                                             current ECRP transaction and Block                      fines. Rule 414(j) and Rule 415(g)
                                                                                                                                                           perfect the mechanism of a free and
                                             Trade reporting provisions under Rule                   provide that each party to an ECRP
                                                                                                                                                           open market and a national market
                                             414 and Rule 415. Among these                           transaction or Block Trade, as
                                                                                                                                                           system, and in general, to protect
                                             elements are that an Authorized                         applicable, is obligated to have an
                                                                                                                                                           investors and the public interest, and
                                             Reporter for a TPH will still need to be                Authorized Reporter notify the
                                             designated to act in that capacity by the               Exchange of the terms of the transaction                 • to provide a fair procedure for the
                                             TPH and will still need to be pre-                      after the transaction is agreed upon and              disciplining of TPHs and persons
                                             authorized by a Clearing Member for the                 that this notification must be made                   associated with TPHs.
                                             TPH to act in that capacity. In providing               within a Permissible Reporting Period                    The Exchange believes that the
                                             a pre-authorization for an Authorized                   by no later than the Reporting Deadline               proposed rule change will improve the
                                             Reporter, a Clearing Member will also                   (as further defined by Rule 414 and Rule              efficiency and functioning of the
                                             still need to accept responsibility for all             415, as applicable). Rule 714(f)(x)                   reporting mechanism for ECRP
                                             ECRP transactions and Block Trades                      already provides for a summary fine                   transactions and Block Trades and thus
                                             reported to the Exchange by that                        schedule for violations of two other                  CFE’s market by providing TPHs with
                                             Authorized Reporter on behalf of the                    provisions of Rule 414 with reporting                 greater flexibility as to who can act as
                                             applicable TPH. Additionally, Rule                      requirements applicable to ECRP                       an Authorized Reporter for these
                                             414(i) and Rule 415(f) will continue to                 transactions, and the proposed rule                   transactions. Also, CFE believes that the
                                             provide that both the parties to and                    change makes this summary fine                        application of summary fine schedules
                                             Authorized Reporters for an ECRP                        schedule also applicable to violations of             for violations of Rule 414(j) and Rule
                                             transaction or Block Trade, as                          Rule 414(j). Similarly, Rule 714(f)(xiv)              415(g) will provide motivation and
                                             applicable, are obligated to comply with                already provides for a summary fine                   incentive for TPHs and Authorized
                                             the requirements of Rule 414 and Rule                   schedule for violations of two other                  Reporters to comply with the ECRP
                                             415, as applicable. Similarly, Rule 414(i)              provisions of Rule 415 with reporting                 transaction and Block Trade reporting
                                             and Rule 415(f) will continue to provide                requirements applicable to Block                      requirements under those provisions in
                                             that any of these parties or Authorized                 Trades, and the proposed rule change                  order to avoid summary fines and
                                             Reporters may be held responsible by                    makes this summary fine schedule also                 provides an effective and efficient
                                             the Exchange for noncompliance with                     applicable to violations of Rule 415(g).              means of disciplining for reporting
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                                             those requirements.                                        The Exchange believes that the                     infractions that do not warrant a regular
                                                Additionally, the proposed rule                      proposed rule change will benefit CFE                 disciplinary proceeding.
                                             change makes clear that, to the extent                  market participants by allowing TPHs to
                                             required by applicable law, an                          focus on trading and providing liquidity                4 15 U.S.C. 78f(b).
                                             Authorized Reporter must be registered                  to CFE’s market by allowing them to                     5 15 U.S.C. 78f(b)(1).
                                             or otherwise permitted by the                           utilize third party service providers to                6 15 U.S.C. 78f(b)(5).

                                             appropriate regulatory body or bodies to                perform the administrative functions of                 7 15 U.S.C. 78f(b)(7).




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                                             57782                          Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Notices

                                             B. Self-Regulatory Organization’s                          subject line if email is used. To help the             with the Securities and Exchange
                                             Statement on Burden on Competition                         Commission process and review your                     Commission (the ‘‘Commission’’) the
                                                CFE does not believe that the                           comments more efficiently, please use                  proposed rule change as described in
                                             proposed rule change will impose any                       only one method. The Commission will                   Items I, II, and III below, which Items
                                             burden on competition not necessary or                     post all comments on the Commission’s                  have been prepared by the Exchange.
                                             appropriate in furtherance of the                          internet website (http://www.sec.gov/                  The Commission is publishing this
                                             purposes of the Act, in that the                           rules/sro.shtml). Copies of the                        notice to solicit comments on the
                                             proposed rule change will improve the                      submission, all subsequent                             proposed rule change from interested
                                             efficiency and functioning of the                          amendments, all written statements                     persons.
                                             reporting mechanism for ECRP                               with respect to the proposed rule
                                                                                                        change that are filed with the                         I. Self-Regulatory Organization’s
                                             transactions and Block Trades and thus                                                                            Statement of the Terms of Substance of
                                             CFE’s market. The Exchange believes                        Commission, and all written
                                                                                                        communications relating to the                         the Proposed Rule Change
                                             that the proposed rule change is
                                             equitable and not unfairly                                 proposed rule change between the                          Cboe Exchange, Inc. (the ‘‘Exchange’’
                                             discriminatory in that the rule                            Commission and any person, other than                  or ‘‘Cboe Options’’) is filing with the
                                             amendments included in the proposed                        those that may be withheld from the                    Securities and Exchange Commission
                                             rule change would apply equally to all                     public in accordance with the                          (‘‘Commission’’) a proposed rule change
                                             CFE market participants.                                   provisions of 5 U.S.C. 552, will be                    to modify its fee schedule.
                                                                                                        available for website viewing and                         The text of the proposed rule change
                                             C. Self-Regulatory Organization’s                          printing in the Commission’s Public                    is also available on the Exchange’s
                                             Statement on Comments on the                               Reference Room, 100 F Street NE,                       website (http://www.cboe.com/
                                             Proposed Rule Change Received From                         Washington, DC 20549, on official                      AboutCBOE/
                                             Members, Participants, or Others                           business days between the hours of                     CBOELegalRegulatoryHome.aspx), at
                                               No written comments were solicited                       10:00 a.m. and 3:00 p.m. Copies of such                the Exchange’s Office of the Secretary,
                                             or received with respect to the proposed                   filing also will be available for                      and at the Commission’s Public
                                             rule change.                                               inspection and copying at the principal                Reference Room.
                                                                                                        office of the Exchange. All comments
                                             III. Date of Effectiveness of the                          received will be posted without change.                II. Self-Regulatory Organization’s
                                             Proposed Rule Change and Timing for                        Persons submitting comments are                        Statement of the Purpose of, and
                                             Commission Action                                          cautioned that we do not redact or edit                Statutory Basis for, the Proposed Rule
                                                The proposed rule change will                           personal identifying information from                  Change
                                             become operative on November 19,                           comment submissions. You should                          In its filing with the Commission, the
                                             2018. At any time within 60 days of the                    submit only information that you wish                  Exchange included statements
                                             date of effectiveness of the proposed                      to make available publicly. All                        concerning the purpose of and basis for
                                             rule change, the Commission, after                         submissions should refer to File                       the proposed rule change and discussed
                                             consultation with the CFTC, may                            Number SR–CFE–2018–003, and should                     any comments it received on the
                                             summarily abrogate the proposed rule                       be submitted on or before December 7,                  proposed rule change. The text of these
                                             change and require that the proposed                       2018.                                                  statements may be examined at the
                                             rule change be refiled in accordance                         For the Commission, by the Division of               places specified in Item IV below. The
                                             with the provisions of Section 19(b)(1)                    Trading and Markets, pursuant to delegated             Exchange has prepared summaries, set
                                             of the Act.8                                               authority.9                                            forth in sections A, B, and C below, of
                                                                                                        Eduardo A. Aleman,                                     the most significant aspects of such
                                             IV. Solicitation of Comments
                                                                                                        Assistant Secretary.                                   statements.
                                               Interested persons are invited to                        [FR Doc. 2018–24983 Filed 11–15–18; 8:45 am]
                                             submit written data, views, and                                                                                   A. Self-Regulatory Organization’s
                                                                                                        BILLING CODE 8011–01–P
                                             arguments concerning the foregoing,                                                                               Statement of the Purpose of, and
                                             including whether the proposed rule                                                                               Statutory Basis for, the Proposed Rule
                                             change is consistent with the Act.                         SECURITIES AND EXCHANGE                                Change
                                             Comments may be submitted by any of                        COMMISSION                                             1. Purpose
                                             the following methods:
                                                                                                        [Release No. 34–84558; File No. SR–CBOE–                  The Exchange proposes to amend its
                                             Electronic Comments                                        2018–072]                                              Fees Schedule to correct an inadvertent
                                               • Use the Commission’s internet                                                                                 oversight to update a reference to a
                                                                                                        Self-Regulatory Organizations; Cboe                    transaction fee in the Clearing Trading
                                             comment form (http://www.sec.gov/
                                                                                                        Exchange, Inc.; Notice of Filing and                   Permit Holder Fee Cap table (‘‘Fee Cap
                                             rules/sro.shtml); or
                                               • Send an email to rule-comments@                        Immediate Effectiveness of a Proposed                  Table’’). Specifically, on January 2,
                                             sec.gov. Please include File Number SR–                    Rule Change Relating To Modify Its                     2018, the Exchange filed a rule filing,
                                                                                                        Fee Schedule                                           SR–CBOE–2018–001, which proposed,
                                             CFE–2018–003 on the subject line.
                                                                                                        November 9, 2018.                                      among other things, to increase the rate
                                             Paper Comments
                                                                                                           Pursuant to Section 19(b)(1) of the                 for AIM Facilitation and Solicitation
                                               • Send paper comments in triplicate                      Securities Exchange Act of 1934 (the                   Contra Orders from $0.05 per contract to
                                             to Secretary, Securities and Exchange                      ‘‘Act’’),1 and Rule 19b–4 thereunder,2                 $0.07 per contract, effective January 2,
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                                             Commission, 100 F Street NE,                               notice is hereby given that on November                2018.3 The Exchange notes that
                                             Washington, DC 20549–1090.                                 6, 2018, Cboe Exchange, Inc. (the
                                             All submissions should refer to File                       ‘‘Exchange’’ or ‘‘Cboe Options’’) filed                  3 On January 19, 2018, the Exchange withdrew

                                             Number SR–CFE–2018–003. This file                                                                                 SR–CBOE–2018–001 and submitted SR–CBOE–
                                                                                                                                                               2018–007, which filing also proposed to increase
                                             number should be included on the                             9 17 CFR 200.30–3(a)(73).                            the contra rates from $0.05 per contract to $0.07 per
                                                                                                          1 15 U.S.C. 78s(b)(1).                               contract, effective January 2, 2018. See Securities
                                               8 15   U.S.C. 78s(b)(1).                                   2 17 CFR 240.19b–4.                                  Exchange Act Release No. 82553 (January 19, 2018),



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Document Created: 2018-11-16 07:23:06
Document Modified: 2018-11-16 07:23:06
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 57780 

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