83_FR_59025 83 FR 58800 - Self-Regulatory Organizations; Cboe Futures Exchange, LLC; Notice of Filing of a Proposed Rule Change Regarding Minor Rule Violations

83 FR 58800 - Self-Regulatory Organizations; Cboe Futures Exchange, LLC; Notice of Filing of a Proposed Rule Change Regarding Minor Rule Violations

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 225 (November 21, 2018)

Page Range58800-58802
FR Document2018-25358

Federal Register, Volume 83 Issue 225 (Wednesday, November 21, 2018)
[Federal Register Volume 83, Number 225 (Wednesday, November 21, 2018)]
[Notices]
[Pages 58800-58802]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25358]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84601; File No. SR-CFE-2018-001]


Self-Regulatory Organizations; Cboe Futures Exchange, LLC; Notice 
of Filing of a Proposed Rule Change Regarding Minor Rule Violations

November 15, 2018.
    Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934 
(``Act''),\1\ notice is hereby given that on October 31, 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 October 31, 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 its rules regarding the processing 
of minor rule violations. 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
    CFE Rule 714 (Imposition of Fines for Minor Rule Violations) 
provides for the issuance of letters of caution or summary fines for 
specified types of minor CFE rule violations instead of addressing 
these violations through formal disciplinary proceedings. Each 
violation type under Rule 714 has a summary fine schedule that includes 
increasing monetary fines for subsequent violations by a party during a 
specified rolling time period and a referral of that party to the CFE 
Business Conduct Committee once that party has committed a certain 
number of violations within that rolling time period. The referral to 
the BCC is so that a panel of the BCC (``BCC Panel'') may determine 
whether or not to authorize the issuance of a statement of charges 
against the party and proceed with a formal disciplinary proceeding 
with regard to the matter.
    CFE is making amendments to Rule 714 in conjunction with other rule 
amendments being made by CFE to its disciplinary rules, including to 
Rule 714, that are not required to be submitted to the Commission 
pursuant

[[Page 58801]]

to Section 19(b)(7) of the Act \3\ and thus are not included as part of 
this rule change. One of these other rule amendments is to vest in 
CFE's Chief Regulatory Officer (``CRO'') instead of in a BCC Panel the 
authority to determine whether to issue a statement charges in a CFE 
disciplinary matter.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78s(b)(7).
---------------------------------------------------------------------------

    Since BCC Panels will no longer be determining whether to issue 
statements of charges, the proposed rule change deletes referral to the 
BCC from each of the summary fine schedules under Rule 714 that 
addresses violations of CFE rule provisions related to recordkeeping 
and reporting requirements. These summary fine schedules include the 
summary fine schedules under the following subparagraphs of Rule 714(f) 
which have the following titles and relate back to the following CFE 
rule provisions referenced in those titles:
    (i) Rule 714(f)(i) relating to Failure to Include an Order Entry 
Operator ID with Order that is Submitted to the CFE System (CFE Rule 
303A(a)), Improper Use of Order Entry Operator IDs (Rules 303A(b) and 
303A(c)), and Failure to Comply with Issuance, Recordkeeping, and 
Reporting Requirements Related to Order Entry Operator IDs (Rule 
303A(d));
    (ii) Rule 714(f)(ii) relating to Failure to Identify Correct 
Customer Type Indicator Code in Order (CFE Rule 403(a)(x));
    (iii) Rule 714(f)(iii) relating to Failure to Provide Correct 
Account Designation in Order (Rule 403(a)(xii));
    (iv) Rule 714(f)(iv) relating to Failure to Comply with Order Form 
Preparation and Recordkeeping Requirements Relating to Orders Which 
Cannot Be Immediately Entered into the CFE System (Rule 403(b)) and 
Failure to Maintain Front-End Audit Trail Information for All 
Electronic Orders Entered into the CFE System, Including Order 
Modifications and Cancellations (Rule 403(c));
    (v) Rule 714(f)(vi) relating to Failure to Comply with Notice 
Provisions for Position Accountability (CFE Rules 412A(c) and 412A(d));
    (vi) Rule 714(f)(vii) relating to Failure to Comply with Reporting 
Requirements for Ownership and Control Reports and Reportable Positions 
(CFE Rules 412B(a), 412B(b), and 412B(c));
    (vii) Rule 714(f)(viii) relating to Failure to Comply with Order 
Marking Requirement for Exchange of Contract for Related Position 
Transactions (CFE Rule 414(g)) and Failure to Comply with Recordkeeping 
Requirement for Exchange of Contract for Related Position Transactions 
(Rule 414(h));
    (viii) Rule 714(f)(ix) relating to Failure to Comply with Exchange 
of Contract for Related Position Transaction Rule Provisions Relating 
to Authorized Reporter (Rule 414(i));
    (ix) Rule 714(f)(x) relating to Failure to Comply with Exchange of 
Contract for Related Position Transaction Reporting Requirements (Rules 
414(k) and 414(l));
    (x) Rule 714(f)(xi) relating to Failure to Comply with Order 
Marking Requirement for Block Trades (CFE Rule 415(a)(i)(A)) and 
Failure to Comply with Recordkeeping Requirements for Block Trades 
(Rule 415(e));
    (xi) Rule 714(f)(xiii) relating to Failure to Comply with Block 
Trade Rule Provisions Relating to Authorized Reporter (Rule 415(f));
    (xii) Rule 714(f)(xiv) relating to Failure to Comply with Block 
Trade Reporting Requirements (Rules 415(h) and 415(i)); and
    (xiii) Rule 714(f)(xv) relating to Failure to Provide Books and 
Records Within Designated Time Frame (CFE Rule 502 and Other CFE Rules 
Allowing CFE to Request Books and Records).
    Regulatory staff already has the ability to proceed with a formal 
disciplinary proceeding whenever regulatory staff determines that any 
violation covered by Rule 714 is intentional, egregious, or otherwise 
not minor in nature. The proposed rule change also amends Rule 714(f) 
to clarify that regulatory staff may also proceed with a formal 
disciplinary proceeding if the number of recurring violations of a 
particular type covered by Rule 714 within the rolling time period for 
that type of violation warrants a formal disciplinary proceeding. 
Accordingly, with the proposed rule change, there will not be a need 
for a referral after a certain number of violations within the 
applicable rolling time period since regulatory staff may initiate a 
formal disciplinary proceeding for any violation covered by Rule 714 
when circumstances warrant no matter the number of previous violations 
of that type.
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)(5),\5\ 6(b)(6),\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)(5).
    \6\ 15 U.S.C. 78f(b)(6).
    \7\ 15 U.S.C. 78f(b)(7).
---------------------------------------------------------------------------

     To prevent fraudulent and manipulative acts and practices;
     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;
     to have rules that provide that Exchange members and 
persons associated with Exchange members shall be appropriately 
disciplined for violation of the Act, the rules and regulations 
thereunder, or the rules of the Exchange, by expulsion, suspension, 
limitation of activities, functions, and operations, fine, censure, 
being suspended or barred from being associated with a member, or any 
other fitting sanction; and
     to provide a fair procedure for the disciplining of 
members and persons associated with members.
    The proposed rule change is consistent with these provisions in 
that CFE believes that the proposed rule change provides an effective 
and efficient means of disciplining parties for certain types of minor 
rule violations that do not warrant formal disciplinary proceedings 
while also permitting regulatory staff to initiate formal disciplinary 
proceedings for these types violations when circumstances warrant.

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 CFE's disciplinary process by 
providing greater flexibility to regulatory staff to determine when to 
initiate a formal disciplinary proceeding for any violation covered by 
Rule 714. Additionally, CFE believes that the proposed amendments are 
equitable and not unfairly discriminatory because the changes will 
apply equally to all 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 15, 
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

[[Page 58802]]

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 rule-comments@sec.gov. Please include 
File Number SR-CFE-2018-001 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-2018-001. 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-2018-001, and should be submitted on 
or before December 12, 2018.
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    \9\ 17 CFR 200.30-3(a)(73).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-25358 Filed 11-20-18; 8:45 am]
BILLING CODE 8011-01-P



                                               58800                   Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Notices

                                               III. Date of Effectiveness of the                       Reference Room, 100 F Street NE,                      I. Self-Regulatory Organization’s
                                               Proposed Rule Change and Timing for                     Washington, DC 20549, on official                     Description of the Proposed Rule
                                               Commission Action                                       business days between the hours of                    Change
                                                  The foregoing proposed rule change                   10:00 a.m. and 3:00 p.m. Copies of such                  The Exchange proposes to amend its
                                               has become effective upon filing                        filings will also be available for                    rules regarding the processing of minor
                                               pursuant to Section 19(b)(3)(A) 9 of the                inspection and copying at the principal               rule violations. The scope of this filing
                                               Act and Rule 19b–4(f)(2) 10 thereunder                  office of LCH SA and on LCH SA’s                      is limited solely to the application of the
                                               because it establishes a fee or other                   website at https://www.lch.com/                       proposed rule amendments to security
                                               charge imposed by LCH SA on its                         resources/rules-and-regulations/                      futures that may be traded on CFE.
                                               Clearing Members. At any time within                    proposed-rule-changes-0.                              Although no security futures are
                                               60 days of the filing of the proposed rule                 All comments received will be posted               currently listed for trading on CFE, CFE
                                               change, the Commission summarily may                    without change. Persons submitting                    may list security futures for trading in
                                               temporarily suspend such proposed rule                  comments are cautioned that we do not                 the future. The text of the proposed rule
                                               change if it appears to the Commission                  redact or edit personal identifying                   change is attached as Exhibit 4 to the
                                               that such action is necessary or                        information from comment submissions.                 filing but is not attached to the
                                               appropriate in the public interest, for                                                                       publication of this notice.
                                                                                                       You should submit only information
                                               the protection of investors, or otherwise
                                                                                                       that you wish to make available                       II. Self-Regulatory Organization’s
                                               in furtherance of the purposes of the
                                                                                                       publicly. All submissions should refer                Statement of the Purpose of, and
                                               Act.
                                                                                                       to File Number SR–LCH SA–2018–005                     Statutory Basis for, the Proposed Rule
                                               IV. Solicitation of Comments                            and should be submitted on or before                  Change
                                                  Interested persons are invited to                    December 12, 2018.
                                               submit written data, views, and                                                                                 In its filing with the Commission, CFE
                                                                                                         For the Commission, by the Division of
                                               arguments concerning the foregoing,                                                                           included statements concerning the
                                                                                                       Trading and Markets, pursuant to delegated
                                               including whether the proposed rule                                                                           purpose of and basis for the proposed
                                                                                                       authority.11
                                               change, as modified by Amendment No.                                                                          rule change and discussed any
                                                                                                       Eduardo A. Aleman,                                    comments it received on the proposed
                                               1, is consistent with the Act. Comments
                                                                                                       Assistant Secretary.                                  rule change. The text of these statements
                                               may be submitted by any of the
                                               following methods:                                      [FR Doc. 2018–25342 Filed 11–20–18; 8:45 am]          may be examined at the places specified
                                                                                                       BILLING CODE 8011–01–P                                in Item IV below. CFE has prepared
                                               Electronic Comments                                                                                           summaries, set forth in Sections A, B,
                                                 • Use the Commission’s internet                                                                             and C below, of the most significant
                                               comment form (http://www.sec.gov/                       SECURITIES AND EXCHANGE                               aspects of such statements.
                                               rules/sro.shtml) or                                     COMMISSION                                            A. Self-Regulatory Organization’s
                                                 • Send an email to rule-comments@
                                                                                                                                                             Statement of the Purpose of, and
                                               sec.gov. Please include File Number SR–                 [Release No. 34–84601; File No. SR–CFE–               Statutory Basis for, the Proposed Rule
                                               LCH SA–2018–005 on the subject line.                    2018–001]                                             Change
                                               Paper Comments
                                                                                                       Self-Regulatory Organizations; Cboe                   1. Purpose
                                                  • Send paper comments in triplicate                  Futures Exchange, LLC; Notice of
                                               to Secretary, Securities and Exchange                                                                            CFE Rule 714 (Imposition of Fines for
                                                                                                       Filing of a Proposed Rule Change                      Minor Rule Violations) provides for the
                                               Commission, 100 F Street NE,
                                                                                                       Regarding Minor Rule Violations                       issuance of letters of caution or
                                               Washington, DC 20549–1090.
                                               All submissions should refer to File                    November 15, 2018.
                                                                                                                                                             summary fines for specified types of
                                               Number SR–LCH SA–2018–005. This                                                                               minor CFE rule violations instead of
                                                                                                          Pursuant to Section 19(b)(7) of the                addressing these violations through
                                               file number should be included on the
                                                                                                       Securities Exchange Act of 1934                       formal disciplinary proceedings. Each
                                               subject line if email is used. To help the
                                               Commission process and review your                      (‘‘Act’’),1 notice is hereby given that on            violation type under Rule 714 has a
                                               comments more efficiently, please use                   October 31, 2018 Cboe Futures                         summary fine schedule that includes
                                               only one method. The Commission will                    Exchange, LLC (‘‘CFE’’ or ‘‘Exchange’’)               increasing monetary fines for
                                               post all comments on the Commission’s                   filed with the Securities and Exchange                subsequent violations by a party during
                                               internet website (http://www.sec.gov/                   Commission (‘‘SEC’’ or ‘‘Commission’’)                a specified rolling time period and a
                                               rules/sro.shtml). Copies of the                         the proposed rule change described in                 referral of that party to the CFE Business
                                               submission, all subsequent                              Items I, II, and III below, which Items               Conduct Committee once that party has
                                               amendments, all written statements                      have been prepared by CFE. The                        committed a certain number of
                                               with respect to the proposed rule                       Commission is publishing this notice to               violations within that rolling time
                                               change that are filed with the                          solicit comments on the proposed rule                 period. The referral to the BCC is so that
                                               Commission, and all written                             change from interested persons. CFE                   a panel of the BCC (‘‘BCC Panel’’) may
                                               communications relating to the                          also has filed this proposed rule change              determine whether or not to authorize
                                               proposed rule change between the                        with the Commodity Futures Trading                    the issuance of a statement of charges
                                               Commission and any person, other than                   Commission (‘‘CFTC’’). CFE filed a                    against the party and proceed with a
                                                                                                       written certification with the CFTC                   formal disciplinary proceeding with
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                                               those that may be withheld from the
                                               public in accordance with the                           under Section 5c(c) of the Commodity                  regard to the matter.
                                               provisions of 5 U.S.C. 552, will be                     Exchange Act (‘‘CEA’’) 2 on October 31,                  CFE is making amendments to Rule
                                               available for website viewing and                       2018.                                                 714 in conjunction with other rule
                                               printing in the Commission’s Public                                                                           amendments being made by CFE to its
                                                                                                         11 17 CFR 200.30–3(a)(12).                          disciplinary rules, including to Rule
                                                 9 15 U.S.C. 78s(b)(3)(A).                               1 15 U.S.C. 78s(b)(7).                              714, that are not required to be
                                                 10 17 CFR 240.19b–4(f)(2).                              2 7 U.S.C. 7a–2(c).                                 submitted to the Commission pursuant


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                                                                            Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Notices                                          58801

                                               to Section 19(b)(7) of the Act 3 and thus                    (viii) Rule 714(f)(ix) relating to Failure             • to remove impediments to and
                                               are not included as part of this rule                      to Comply with Exchange of Contract                   perfect the mechanism of a free and
                                               change. One of these other rule                            for Related Position Transaction Rule                 open market and a national market
                                               amendments is to vest in CFE’s Chief                       Provisions Relating to Authorized                     system, and in general, to protect
                                               Regulatory Officer (‘‘CRO’’) instead of in                 Reporter (Rule 414(i));                               investors and the public interest;
                                               a BCC Panel the authority to determine                       (ix) Rule 714(f)(x) relating to Failure                • to have rules that provide that
                                               whether to issue a statement charges in                    to Comply with Exchange of Contract                   Exchange members and persons
                                               a CFE disciplinary matter.                                 for Related Position Transaction                      associated with Exchange members
                                                 Since BCC Panels will no longer be                       Reporting Requirements (Rules 414(k)                  shall be appropriately disciplined for
                                               determining whether to issue statements                    and 414(l));                                          violation of the Act, the rules and
                                               of charges, the proposed rule change                         (x) Rule 714(f)(xi) relating to Failure             regulations thereunder, or the rules of
                                               deletes referral to the BCC from each of                   to Comply with Order Marking                          the Exchange, by expulsion, suspension,
                                               the summary fine schedules under Rule                      Requirement for Block Trades (CFE Rule                limitation of activities, functions, and
                                               714 that addresses violations of CFE                       415(a)(i)(A)) and Failure to Comply with              operations, fine, censure, being
                                               rule provisions related to recordkeeping                   Recordkeeping Requirements for Block                  suspended or barred from being
                                               and reporting requirements. These                          Trades (Rule 415(e));                                 associated with a member, or any other
                                               summary fine schedules include the                           (xi) Rule 714(f)(xiii) relating to Failure          fitting sanction; and
                                               summary fine schedules under the                           to Comply with Block Trade Rule                          • to provide a fair procedure for the
                                               following subparagraphs of Rule 714(f)                     Provisions Relating to Authorized                     disciplining of members and persons
                                               which have the following titles and                        Reporter (Rule 415(f));                               associated with members.
                                               relate back to the following CFE rule                        (xii) Rule 714(f)(xiv) relating to                     The proposed rule change is
                                               provisions referenced in those titles:                     Failure to Comply with Block Trade                    consistent with these provisions in that
                                                 (i) Rule 714(f)(i) relating to Failure to                Reporting Requirements (Rules 415(h)                  CFE believes that the proposed rule
                                               Include an Order Entry Operator ID with                    and 415(i)); and                                      change provides an effective and
                                               Order that is Submitted to the CFE                           (xiii) Rule 714(f)(xv) relating to                  efficient means of disciplining parties
                                               System (CFE Rule 303A(a)), Improper                        Failure to Provide Books and Records                  for certain types of minor rule violations
                                               Use of Order Entry Operator IDs (Rules                     Within Designated Time Frame (CFE                     that do not warrant formal disciplinary
                                               303A(b) and 303A(c)), and Failure to                       Rule 502 and Other CFE Rules Allowing                 proceedings while also permitting
                                               Comply with Issuance, Recordkeeping,                       CFE to Request Books and Records).                    regulatory staff to initiate formal
                                               and Reporting Requirements Related to                        Regulatory staff already has the ability            disciplinary proceedings for these types
                                               Order Entry Operator IDs (Rule                             to proceed with a formal disciplinary                 violations when circumstances warrant.
                                               303A(d));                                                  proceeding whenever regulatory staff
                                                 (ii) Rule 714(f)(ii) relating to Failure to                                                                    B. Self-Regulatory Organization’s
                                                                                                          determines that any violation covered
                                               Identify Correct Customer Type                                                                                   Statement on Burden on Competition
                                                                                                          by Rule 714 is intentional, egregious, or
                                               Indicator Code in Order (CFE Rule                          otherwise not minor in nature. The                      CFE does not believe that the
                                               403(a)(x));                                                proposed rule change also amends Rule                 proposed rule change will impose any
                                                 (iii) Rule 714(f)(iii) relating to Failure               714(f) to clarify that regulatory staff may           burden on competition not necessary or
                                               to Provide Correct Account Designation                     also proceed with a formal disciplinary               appropriate in furtherance of the
                                               in Order (Rule 403(a)(xii));                               proceeding if the number of recurring                 purposes of the Act in that the proposed
                                                 (iv) Rule 714(f)(iv) relating to Failure                 violations of a particular type covered               rule change will improve the efficiency
                                               to Comply with Order Form Preparation                      by Rule 714 within the rolling time                   and functioning of CFE’s disciplinary
                                               and Recordkeeping Requirements                             period for that type of violation                     process by providing greater flexibility
                                               Relating to Orders Which Cannot Be                         warrants a formal disciplinary                        to regulatory staff to determine when to
                                               Immediately Entered into the CFE                           proceeding. Accordingly, with the                     initiate a formal disciplinary proceeding
                                               System (Rule 403(b)) and Failure to                        proposed rule change, there will not be               for any violation covered by Rule 714.
                                               Maintain Front-End Audit Trail                             a need for a referral after a certain                 Additionally, CFE believes that the
                                               Information for All Electronic Orders                      number of violations within the                       proposed amendments are equitable and
                                               Entered into the CFE System, Including                     applicable rolling time period since                  not unfairly discriminatory because the
                                               Order Modifications and Cancellations                      regulatory staff may initiate a formal                changes will apply equally to all market
                                               (Rule 403(c));                                             disciplinary proceeding for any                       participants.
                                                 (v) Rule 714(f)(vi) relating to Failure                  violation covered by Rule 714 when
                                               to Comply with Notice Provisions for                                                                             C. Self-Regulatory Organization’s
                                                                                                          circumstances warrant no matter the                   Statement on Comments on the
                                               Position Accountability (CFE Rules                         number of previous violations of that
                                               412A(c) and 412A(d));                                                                                            Proposed Rule Change Received From
                                                                                                          type.                                                 Members, Participants, or Others
                                                 (vi) Rule 714(f)(vii) relating to Failure
                                               to Comply with Reporting Requirements                      2. Statutory Basis                                      No written comments were solicited
                                               for Ownership and Control Reports and                        The Exchange believes that the                      or received with respect to the proposed
                                               Reportable Positions (CFE Rules                            proposed rule change is consistent with               rule change.
                                               412B(a), 412B(b), and 412B(c));                            Section 6(b) of the Act,4 in general, and
                                                 (vii) Rule 714(f)(viii) relating to                                                                            III. Date of Effectiveness of the
                                                                                                          furthers the objectives of Sections                   Proposed Rule Change and Timing for
                                               Failure to Comply with Order Marking                       6(b)(5),5 6(b)(6),6 and 6(b)(7) 7 in
                                               Requirement for Exchange of Contract                                                                             Commission Action
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                                                                                                          particular in that it is designed:
                                               for Related Position Transactions (CFE                       • To prevent fraudulent and                            The proposed rule change will
                                               Rule 414(g)) and Failure to Comply with                    manipulative acts and practices;                      become operative on November 15,
                                               Recordkeeping Requirement for                                                                                    2018. At any time within 60 days of the
                                               Exchange of Contract for Related                             4 15 U.S.C. 78f(b).                                 date of effectiveness of the proposed
                                               Position Transactions (Rule 414(h));                         5 15 U.S.C. 78f(b)(5).                              rule change, the Commission, after
                                                                                                            6 15 U.S.C. 78f(b)(6).                              consultation with the CFTC, may
                                                 3 15   U.S.C. 78s(b)(7).                                   7 15 U.S.C. 78f(b)(7).                              summarily abrogate the proposed rule


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                                               58802                        Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Notices

                                               change and require that the proposed                       be submitted on or before December 12,                rules and procedures governing the
                                               rule change be refiled in accordance                       2018.                                                 program and is currently offered on a
                                               with the provisions of Section 19(b)(1)                      For the Commission, by the Division of              pilot basis.6 The pilot is scheduled to
                                               of the Act.8                                               Trading and Markets, pursuant to delegated            expire upon the earlier of the approval
                                                                                                          authority.9                                           of this proposed rule change or
                                               IV. Solicitation of Comments                                                                                     December 31, 2018.7 According to the
                                                                                                          Eduardo A. Aleman,
                                                 Interested persons are invited to                        Assistant Secretary.                                  Exchange, the Program is designed to
                                               submit written data, views, and                            [FR Doc. 2018–25358 Filed 11–20–18; 8:45 am]
                                                                                                                                                                attract retail order flow and allow such
                                               arguments concerning the foregoing,                        BILLING CODE 8011–01–P
                                                                                                                                                                order flow to receive potential price
                                               including whether the proposed rule                                                                              improvement.8
                                               change is consistent with the Act.                                                                                  Under the Program, a class of market
                                               Comments may be submitted by any of                        SECURITIES AND EXCHANGE                               participant called a Retail Member
                                               the following methods:                                     COMMISSION                                            Organization (‘‘RMO’’) is eligible to
                                                                                                                                                                submit certain retail order flow (‘‘Retail
                                               Electronic Comments                                        [Release No. 34–84600; File No. SR–                   Orders’’) to the Exchange. A User 9 is
                                                 • Use the Commission’s internet                          CboeBYX–2018–014]                                     permitted to provide potential price
                                               comment form (http://www.sec.gov/                                                                                improvement for Retail Orders 10 by
                                                                                                          Self-Regulatory Organizations; Cboe
                                               rules/sro.shtml); or                                                                                             submitting Retail Price Improvement
                                                                                                          BYX Exchange, Inc.; Order Instituting
                                                 • Send an email to rule-comments@                        Proceedings To Determine Whether To
                                                                                                                                                                (‘‘RPI’’) Orders, which are non-
                                               sec.gov. Please include File Number SR–                                                                          displayed orders that are priced at least
                                                                                                          Approve or Disapprove a Proposed
                                               CFE–2018–001 on the subject line.                                                                                $0.001 better than the best protected bid
                                                                                                          Rule Change To Make Permanent
                                                                                                                                                                (‘‘PBB’’) or best protected offer (‘‘PBO’’)
                                               Paper Comments                                             Exchange Rule 11.24, Which Sets
                                                                                                                                                                (‘‘PBBO’’), as such terms are defined in
                                                                                                          Forth the Exchange’s Pilot Retail Price
                                                  • Send paper comments in triplicate                     Improvement Program
                                                                                                                                                                Regulation NMS, and that is identified
                                               to Secretary, Securities and Exchange                                                                            as such.11 After an RPI Order is
                                               Commission, 100 F Street NE,                               November 15, 2018.                                    submitted, the Exchange disseminates
                                               Washington, DC 20549–1090.                                                                                       an indicator through its proprietary data
                                                                                                          I. Introduction
                                               All submissions should refer to File                                                                             feeds or through the Consolidated Tape
                                                                                                             On July 30, 2018, Cboe BYX                         Association/Consolidated Quotation
                                               Number SR–CFE–2018–001. This file
                                                                                                          Exchange, Inc. (‘‘BYX’’ or the                        Plan for Tape A and Tape B securities
                                               number should be included on the
                                                                                                          ‘‘Exchange’’) filed with the Securities
                                               subject line if email is used. To help the
                                                                                                          and Exchange Commission (the                             6 In November 2012, the Commission approved
                                               Commission process and review your                         ‘‘Commission’’), pursuant to Section                  the Program on a pilot basis. See Securities
                                               comments more efficiently, please use                      19(b)(1) of the Securities Exchange Act               Exchange Act Release No. 68303 (November 27,
                                               only one method. The Commission will                       of 1934 (‘‘Act’’) 1 and Rule 19b–4                    2012), 77 FR 71652 (December 3, 2012) (‘‘RPI
                                               post all comments on the Commission’s                                                                            Approval Order’’) (SR–BYX–2012–019).
                                                                                                          thereunder,2 a proposed rule change to                   7 The Exchange implemented the Program on
                                               internet website (http://www.sec.gov/                      make permanent Exchange Rule 11.24,                   January 11, 2013, and has extended the pilot period
                                               rules/sro.shtml). Copies of the                            which sets forth the Exchange’s pilot                 five times. See Securities Exchange Act Release
                                               submission, all subsequent                                 Retail Price Improvement Program. The                 Nos. 71249 (January 7, 2014), 79 FR 2229 (January
                                               amendments, all written statements                         proposed rule change was published for
                                                                                                                                                                13, 2014) (SR–BYX–2014–001); 74111 (January 22,
                                               with respect to the proposed rule                                                                                2015), 80 FR 4598 (January 28, 2015) (SR–BYX–
                                                                                                          comment in the Federal Register on                    2015–05); 76965 (January 22, 2016), 81 FR 4682
                                               change that are filed with the                             August 17, 2018.3 On September 27,                    (January 27, 2016) (SR–BYX–2016–01); 78180 (June
                                               Commission, and all written                                2018, the Commission extended to                      28, 2016), 81 FR 43306 (July 1, 2016) (SR–BYX–
                                               communications relating to the                             November 15, 2018, the time period in                 2016–15); and 81368 (August 10, 2017), 82 FR
                                               proposed rule change between the                                                                                 38960 (August 16, 2017) (SR–BYX–2017–18).
                                                                                                          which to approve, disapprove, or                         8 See Notice, supra note 3 at 41128.
                                               Commission and any person, other than                      institute proceedings to determine                       9 A ‘‘User’’ is defined in Exchange Rule 1.5(cc) as
                                               those that may be withheld from the                        whether to approve or disapprove, the                 any member or sponsored participant of the
                                               public in accordance with the                              proposed rule change.4 The Commission                 Exchange who is authorized to obtain access to the
                                               provisions of 5 U.S.C. 552, will be                        received no comments on the proposed                  System.
                                                                                                                                                                   10 A ‘‘Retail Order’’ is defined in Exchange Rule
                                               available for website viewing and                          rule change. This order institutes                    11.24(a)(2) as an agency order or riskless principal
                                               printing in the Commission’s Public                        proceedings under Section 19(b)(2)(B) of              that meets the criteria of FINRA Rule 53250.03 that
                                               Reference Room, 100 F Street NE,                           the Act 5 to determine whether to                     originates from a natural person and is submitted
                                               Washington, DC 20549, on official                          approve or disapprove the proposed                    to the Exchange by a RMO, provided that no change
                                               business days between the hours of                                                                               is made to the terms of the order with respect to
                                                                                                          rule change.                                          price or side of market and the order does not
                                               10:00 a.m. and 3:00 p.m. Copies of such                                                                          originate from a trading algorithm or any
                                               filing also will be available for                          II. Summary of the Proposed Rule
                                                                                                                                                                computerized methodology. See Exchange Rule
                                               inspection and copying at the principal                    Change                                                11.24(a)(2).
                                               office of the Exchange. All comments                          The Exchange proposes to amend                        11 See Notice, supra note 3 at 41128. As more

                                               received will be posted without change.                                                                          fully set forth in the Notice, RPI Orders may be
                                                                                                          Exchange Rule 11.24 to make permanent                 submitted with an explicit limit price, or an offset.
                                               Persons submitting comments are                            the Retail Price Improvement Program                  RPI Orders submitted with an offset are similar to
                                               cautioned that we do not redact or edit                    (the ‘‘Program’’), which sets forth the               other peg orders in that the order is tied or
                                               personal identifying information from                                                                            ‘‘pegged’’ to a certain price, and would have its
khammond on DSK30JT082PROD with NOTICES




                                               comment submissions. You should                              9 17 CFR 200.30–3(a)(73).                           price automatically set and adjusted upon changes
                                                                                                                                                                to the Protected NBBO. The offset is a
                                               submit only information that you wish                        1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                predetermined amount by which the User is willing
                                                                                                            2 17 CFR 240.19b–4.
                                               to make available publicly. All                                                                                  to improve the Protected NBBO, subject to a ceiling
                                                                                                            3 See Securities Exchange Act Release No. 83831
                                               submissions should refer to File                                                                                 or floor price. The ceiling or floor price is the
                                                                                                          (August 13, 2018), 83 FR 41128 (‘‘Notice’’).          amount above or below which the User does not
                                               Number SR–CFE–2018–001, and should                           4 See Securities Exchange Act Release No. 84297,
                                                                                                                                                                wish to trade. RPI Orders in their entirety (the buy
                                                                                                          83 FR 49959 (October 3, 2018).                        or sell interest, the offset, and the ceiling or floor)
                                                 8 15   U.S.C. 78s(b)(1).                                   5 15 U.S.C. 78(s)(b)(2)(B).                         will remain non-displayed.



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Document Created: 2018-11-21 03:11:28
Document Modified: 2018-11-21 03:11:28
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 58800 

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