83 FR 57782 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To Modify Its Fee Schedule

SECURITIES AND EXCHANGE COMMISSION

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

Page Range		57782-57783
FR Document		2018-24980

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

[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)]
[Notices]
[Pages 57782-57783]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-24980]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84558; File No. SR-CBOE-2018-072]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
To Modify Its Fee Schedule

November 9, 2018.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 6, 2018, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') is
filing with the Securities and Exchange Commission (``Commission'') a
proposed rule change to modify its fee schedule.
The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
The Exchange proposes to amend its Fees Schedule to correct an
inadvertent oversight to update a reference to a transaction fee in the
Clearing Trading Permit Holder Fee Cap table (``Fee Cap Table'').
Specifically, on January 2, 2018, the Exchange filed a rule filing, SR-
CBOE-2018-001, which proposed, among other things, to increase the rate
for AIM Facilitation and Solicitation Contra Orders from $0.05 per
contract to $0.07 per contract, effective January 2, 2018.\3\ The
Exchange notes that

[[Page 57783]]

although it reflected the rate increase in the rate tables, it
mistakenly failed to update the rate referenced under the Fee Cap
Table, which table includes line items for, among other things, AIM
Facilitation and Solicitation Contra Orders. Accordingly, the Exchange
proposes to update the AIM Contra Order rates in the Fee Cap Table from
$0.05 per contract to $0.07 per contract. No substantive changes are
being made by the proposed rule change.
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\3\ On January 19, 2018, the Exchange withdrew SR-CBOE-2018-001
and submitted SR-CBOE-2018-007, which filing also proposed to
increase the contra rates from $0.05 per contract to $0.07 per
contract, effective January 2, 2018. See Securities Exchange Act
Release No. 82553 (January 19, 2018), 83 FR 3834 (January 26, 2018)
(SR-CBOE-2018-007).
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2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\4\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \5\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest.
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\4\ 15 U.S.C. 78f(b).
\5\ 15 U.S.C. 78f(b)(5).
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The Exchange believes the proposed rule change to update an
inaccurate rate under the Fee Cap Table will alleviate potential
confusion, thereby removing impediments to and perfecting the mechanism
of a free and open market and a national market system and protecting
investors and the public interest. As noted above, the proposed filing
does not substantively change any transaction fees, but merely corrects
an inadvertent oversight from a previous rule filing.

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

The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change
does not address competitive issues, but rather, as discussed above, is
merely intended to correct an inadvertent marking omission relating to
a rate change made in a previous rule filing, which will alleviate
potential confusion.

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

The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

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

The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \6\ and paragraph (f) of Rule 19b-4 \7\
thereunder. 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 will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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\6\ 15 U.S.C. 78s(b)(3)(A).
\7\ 17 CFR 240.19b-4(f).
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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-CBOE-2018-072 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-CBOE-2018-072. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2018-072 and should be submitted on
or before December 7, 2018.
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\8\ 17 CFR 200.30-3(a)(12).

For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-24980 Filed 11-15-18; 8:45 am]
BILLING CODE 8011-01-P

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,
amozie on DSK3GDR082PROD with NOTICES

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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Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Notices 57783

although it reflected the rate increase in previous rule filing, which will alleviate rules/sro.shtml). Copies of the
the rate tables, it mistakenly failed to potential confusion. submission, all subsequent
update the rate referenced under the Fee amendments, all written statements
C. Self-Regulatory Organization’s
Cap Table, which table includes line with respect to the proposed rule
Statement on Comments on the
items for, among other things, AIM change that are filed with the
Proposed Rule Change Received From
Facilitation and Solicitation Contra Commission, and all written
Members, Participants, or Others communications relating to the
Orders. Accordingly, the Exchange
proposes to update the AIM Contra The Exchange has not solicited, and proposed rule change between the
Order rates in the Fee Cap Table from does not intend to solicit, comments on Commission and any person, other than
$0.05 per contract to $0.07 per contract. this proposed rule change. The those that may be withheld from the
No substantive changes are being made Exchange has not received any written public in accordance with the
by the proposed rule change. comments from members or other provisions of 5 U.S.C. 552, will be
interested parties. available for website viewing and
2. Statutory Basis printing in the Commission’s Public
III. Date of Effectiveness of the
The Exchange believes the proposed Reference Room, 100 F Street NE,
Proposed Rule Change and Timing for
rule change is consistent with the Washington, DC 20549 on official
Commission Action
Securities Exchange Act of 1934 (the business days between the hours of
‘‘Act’’) and the rules and regulations The foregoing rule change has become 10:00 a.m. and 3:00 p.m. Copies of the
thereunder applicable to the Exchange effective pursuant to Section 19(b)(3)(A) filing also will be available for
and, in particular, the requirements of of the Act 6 and paragraph (f) of Rule inspection and copying at the principal
Section 6(b) of the Act.4 Specifically, 19b–4 7 thereunder. At any time within office of the Exchange. All comments
the Exchange believes the proposed rule 60 days of the filing of the proposed rule received will be posted without change.
change is consistent with the Section change, the Commission summarily may Persons submitting comments are
6(b)(5) 5 requirements that the rules of temporarily suspend such rule change if cautioned that we do not redact or edit
an exchange be designed to prevent it appears to the Commission that such personal identifying information from
fraudulent and manipulative acts and action is necessary or appropriate in the comment submissions. You should
practices, to promote just and equitable public interest, for the protection of submit only information that you wish
principles of trade, to foster cooperation investors, or otherwise in furtherance of to make available publicly. All
and coordination with persons engaged the purposes of the Act. If the submissions should refer to File
in regulating, clearing, settling, Commission takes such action, the Number SR–CBOE–2018–072 and
processing information with respect to, Commission will institute proceedings should be submitted on or before
to determine whether the proposed rule December 7, 2018.
and facilitating transactions in
securities, to remove impediments to change should be approved or For the Commission, by the Division of
and perfect the mechanism of a free and disapproved. Trading and Markets, pursuant to delegated
authority.8
open market and a national market IV. Solicitation of Comments
system, and, in general, to protect Eduardo A. Aleman,
Interested persons are invited to Assistant Secretary.
investors and the public interest. submit written data, views, and [FR Doc. 2018–24980 Filed 11–15–18; 8:45 am]
The Exchange believes the proposed arguments concerning the foregoing,
rule change to update an inaccurate rate BILLING CODE 8011–01–P
including whether the proposed rule
under the Fee Cap Table will alleviate change is consistent with the Act.
potential confusion, thereby removing Comments may be submitted by any of SECURITIES AND EXCHANGE
impediments to and perfecting the the following methods: COMMISSION
mechanism of a free and open market
and a national market system and Electronic Comments [Release No. 34–84566; File No. SR–NYSE–
protecting investors and the public • Use the Commission’s internet 2018–55]
interest. As noted above, the proposed comment form (http://www.sec.gov/
filing does not substantively change any rules/sro.shtml); or Self-Regulatory Organizations; New
transaction fees, but merely corrects an • Send an email to rule-comments@ York Stock Exchange LLC; Notice of
inadvertent oversight from a previous sec.gov. Please include File Number SR– Filing and Immediate Effectiveness of
rule filing. CBOE–2018–072 on the subject line. Proposed Rule Change To Amend the
Listed Company Manual To Clarify the
B. Self-Regulatory Organization’s Paper Comments Application of the Initial Listing
Statement on Burden on Competition • Send paper comments in triplicate Requirements to Common Equity
to Secretary, Securities and Exchange Securities Issued in Exchange for a
The Exchange does not believe that
Commission, 100 F Street NE, Listed Equity Investment Tracking
the proposed rule change will impose
Washington, DC 20549–1090. Stock
any burden on competition that is not
necessary or appropriate in furtherance All submissions should refer to File November 9, 2018.
of the purposes of the Act. The Number SR–CBOE–2018–072. This file Pursuant to Section 19(b)(1) 1 of the
proposed rule change does not address number should be included on the Securities Exchange Act of 1934
competitive issues, but rather, as subject line if email is used. To help the (‘‘Act’’) 2 and Rule 19b–4 thereunder,3
discussed above, is merely intended to Commission process and review your notice is hereby given that on November
amozie on DSK3GDR082PROD with NOTICES

correct an inadvertent marking omission comments more efficiently, please use 2, 2018, New York Stock Exchange LLC
relating to a rate change made in a only one method. The Commission will (‘‘NYSE’’ or the ‘‘Exchange’’) filed with
post all comments on the Commission’s
83 FR 3834 (January 26, 2018) (SR–CBOE–2018– internet website (http://www.sec.gov/ 8 17 CFR 200.30–3(a)(12).
007). 1 15 U.S.C. 78s(b)(1).
4 15 U.S.C. 78f(b). 6 15 U.S.C. 78s(b)(3)(A). 2 15 U.S.C. 78a.
5 15 U.S.C. 78f(b)(5). 7 17 CFR 240.19b–4(f). 3 17 CFR 240.19b–4.

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Document Created: 2018-11-16 07:23:01
Document Modified: 2018-11-16 07:23:01

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		83 FR 57782