83_FR_60761 83 FR 60534 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt Reserve Orders

83 FR 60534 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt Reserve Orders

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 227 (November 26, 2018)

Page Range60534-60536
FR Document2018-25596

Federal Register, Volume 83 Issue 227 (Monday, November 26, 2018)
[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Notices]
[Pages 60534-60536]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25596]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84619; File No. SR-CboeEDGX-2018-051]


Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Adopt Reserve Orders

November 19, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on November 5, 2018, Cboe EDGX Exchange, Inc. (``Exchange'' or 
````EDGX'''') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the 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 EDGX Exchange, Inc. (the ``Exchange'' or ``EDGX Options'') 
proposes to adopt Reserve Orders.

(additions are italicized; deletions are [bracketed])
* * * * *
Rules of Cboe EDGX Exchange, Inc.
* * * * *
Rule 21.1. Definitions
    The following definitions apply to Chapter XXI for the trading of 
options listed on EDGX Options.
    (a)-(c) No change.
    (d) The term ``Order Type'' shall mean the unique processing 
prescribed for designated orders that are eligible for entry into the 
System, and shall include:
    (1) [(Reserved.)] ``Reserve Orders'' are limit orders that have 
both a portion of the quantity displayed (``Display Quantity'') and a 
reserve portion of the quantity (``Reserve Quantity'') not displayed. 
Both the Display Quantity and Reserve Quantity of the Reserve Order are 
available for potential execution against incoming orders. When 
entering a Reserve Order, a User must instruct the Exchange as to the 
quantity of the order to be initially displayed by the System (``Max 
Floor''). If the Display Quantity of a Reserve Order is fully executed, 
the System will, in accordance with the User's instruction, replenish 
the Display Quantity from the Reserve Quantity using one of the below 
replenishment instructions. If the remainder of an order is less than 
the replenishment amount, the System will display the entire remainder 
of the order. The System creates a new timestamp for both the Display 
Quantity and Reserve Quantity of the order each time it is replenished 
from reserve.
    (A) Random Replenishment. An instruction that a User may attach to 
an order with Reserve Quantity where the System randomly replenishes 
the Display Quantity for the order with a number of contracts not 
outside a replenishment range, which equals the Max Floor plus and 
minus a replenishment value established by the User when entering a 
Reserve Order with a Random Replenishment instruction.
    (B) Fixed Replenishment. For any order that a User does not select 
Random Replenishment, the System will replenish the Display Quantity of 
the order with the number of contracts equal to the Max Floor.
    (2)-(12) No change.
    (e)-(j) No change.
* * * * *
Rule 21.6. Entry of Orders
    Users can enter orders into the System, subject to the following 
requirements and conditions:
    (a) Users shall be permitted to transmit to the System multiple 
orders at a single as well as multiple price levels. Each order will 
indicate the Reserve Quantity (if applicable).
    (b)-(f) No change.
* * * * *
Rule 21.8. Order Display and Book Processing
    (a)-(k) No change.
    (l) Nondisplayed Orders. Displayed orders have priority over 
nondisplayed orders. Nondisplayed portions of Reserve Orders are 
allocated in accordance with paragraph (c) above, but additional 
priority overlays do not apply, except for the Customer Overlay (if 
applicable).
* * * * *
    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
    In 2016, the Exchange's parent company, Cboe Global Markets, Inc. 
(formerly named CBOE Holdings, Inc.) (``Cboe Global''), which is also 
the parent company of Cboe Exchange, Inc. (``Cboe Options'') and Cboe 
C2 Exchange, Inc. (``C2''), acquired the Exchange and its affiliated 
exchanges,

[[Page 60535]]

Cboe EDGA Exchange, Inc. (``EDGA''), Cboe BZX Exchange, Inc. (``BZX or 
BZX Options''), and Cboe BYX Exchange, Inc. (``BYX'' and, together with 
C2, Cboe Options, EDGX, EDGA, and BZX, the ``Cboe Affiliated 
Exchanges''). In this context, EDGX Options proposes to align certain 
system functionality with C2 and BZX Options. Although the Exchange 
intentionally offers certain features that differ from those offered by 
the Cboe Affiliated Exchange and will continue to do so, the Exchange 
believes offering similar functionality to the extent practicable will 
reduce potential confusion for market participants.
    The proposed rule change adopts Reserve Orders. Reserve Orders 
permit Users to enter orders with both displayed and nondisplayed 
amounts. Specifically, proposed Rule 21.1(d)(1) provides that ``Reserve 
Orders'' are limit orders that have both a portion of the quantity 
displayed (``Display Quantity'') and a reserve portion of the quantity 
(``Reserve Quantity'') not displayed.\3\ Both the Display Quantity and 
Reserve Quantity of the Reserve Order are available for potential 
execution against incoming orders. When entering a Reserve Order, a 
User must instruct the Exchange as to the quantity of the order to be 
initially displayed by the System (``Max Floor''). If the Display 
Quantity of a Reserve Order is fully executed, the System will, in 
accordance with the User's instruction, replenish the Display Quantity 
from the Reserve Quantity using one of two replenishment options, as 
described below. If the remainder of an order is less than the 
replenishment amount, the System will display the entire remainder of 
the order. The System creates a new timestamp for both the Display 
Quantity and Reserve Quantity of the order each time it is replenished 
from reserve.
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    \3\ The proposed change to Rule 21.6(a) states that each order 
will indicate the Reserve Quantity (if applicable).
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    A User may determine that a Reserve Order should be subject to 
``Random Replenishment'' or ``Fixed Replenishment.'' If a Reserve Order 
has a Random Replenishment instruction, the System randomly replenishes 
the Display Quantity for the order with a number of contracts not 
outside a replenishment range, which equals the Max Floor plus and 
minus a replenishment value established by the User when entering a 
Reserve Order with a Random Replenishment instruction. For any order 
that a User does not select Random Replenishment, the System will 
replenish the Display Quantity of the order with the number of 
contracts equal to the Max Floor.
    Pursuant to proposed Rule 21.8(l), displayed orders have priority 
over nondisplayed orders. In other words, while both portions of a 
Reserve Order may execute against incoming marketable orders, the 
displayed portion will be executed first, and the non-displayed portion 
will only execute after all displayed interest (from other orders) at 
that price has executed. Nondisplayed portions of Reserve Orders are 
allocated in accordance with Rule 21.8(c), but additional priority 
overlays will not apply, except for the Customer Overlay (if 
applicable). Therefore, if there are nondisplayed portions of multiple 
Reserve Orders at the same price that can execute against an incoming 
marketable order, those nondisplayed portions will be allocated in a 
pro-rata manner; however, if the Customer Overlay has been applied to 
the class, the nondisplayed portion of any Customer Reserve Orders will 
execute first. The Exchange notes that pursuant to Rule 22.13, 
Interpretation and Policy .03, with respect to nondisplayed trading 
interest, including the Reserve Quantity of a Reserve Order, the 
exposure requirement in Rule 22.13(a) is satisfied if the displayable 
portion of the order (the Display Quantity) is displayed at its 
displayable price for one second.
    The proposed rule change is substantially the same as the rules of 
other options exchanges.\4\
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    \4\ See, e.g., C2 Rules 1.1 (definition of Reserve order in 
Order Instruction definition) and 6.12(a)(3); and BZX Options Rules 
21.1(d)(1) and 21.8(a)(2).
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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.\5\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \6\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. Additionally, 
the Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \7\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ Id.
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    The proposed rule change is generally intended to add certain 
system functionality currently offered by C2 and BZX Options to the 
Exchange's System in order to provide a consistent technology offering 
for the Cboe Affiliated Exchanges. A consistent technology offering, in 
turn, will simplify the technology implementation, changes and 
maintenance by Users of the Exchange that are also participants on Cboe 
Affiliated Exchanges. The proposed rule change will provide Users with 
additional flexibility to manage and display their orders on the 
Exchange, as well as increased functionality on the Exchange. This may 
encourage market participants to bring additional liquidity to the 
market, which benefits all investors. Additionally, this will provide 
Users with greater harmonization between the order handling 
instructions available among the Cboe Affiliated Exchanges.
    The proposed rule change also removes impediments to and perfect 
the mechanism of a free and open market and a national market system 
because the proposed functionality is available on other options 
exchanges.\8\ The proposed rule change does not propose to implement 
new or unique functionality that has not been previously filed with the 
Commission or is not available on Cboe Affiliated Exchanges.
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    \8\ See supra note 6.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed rule change 
will not impose a burden on intramarket competition, because the use of 
Reserve Orders, like all other order instructions available on the 
Exchange, is voluntary. Reserve Orders entered by all Users will be 
handled in the same manner. The proposed rule change will not impose a 
burden on intermarket competition, because Reserve Order functionality 
is available on other options exchanges.\9\
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    \9\ Id.

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[[Page 60536]]

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

    The Exchange neither solicited nor received comments on the 
proposed rule change.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \10\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and text of the proposed rule change, at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, Rule 19b-4(f)(6)(iii) \13\ permits the Commission to 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposed 
rule change may become effective and operative immediately upon filing. 
The Exchange states that waiver of the operative delay will provide 
Users with additional flexibility to manage and display their orders 
and provide additional control over their executions on the Exchange as 
soon as possible. The Exchange further states that waiver of the 
operative delay will allow the Exchange to continue to strive towards a 
complete technology integration of the Cboe Affiliated Exchanges, with 
gradual roll-outs of new functionality to ensure the stability of the 
System. The Exchange notes that the proposed rule change is generally 
intended to codify and to add certain system functionality to the 
Exchange's System in order to provide a consistent technology offering 
for the Cboe Affiliated Exchanges. The Exchange further notes that a 
consistent technology offering will simplify the technology 
implementation changes and maintenance by Trading Permit Holders of the 
Exchange that are also participants on Cboe Affiliated Exchanges. The 
Commission believes that waiver of the 30-day operative delay is 
consistent with the protection of investors and the public interest. 
Therefore, the Commission hereby waives the 30-day operative delay and 
designates the proposed rule change as operative upon filing.\14\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-CboeEDGX-2018-051 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-CboeEDGX-2018-051. 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-CboeEDGX-2018-051 and should be 
submitted on or before December 17, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
Eduardo A. Aleman,
Assistant Secretary.
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    \15\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2018-25596 Filed 11-23-18; 8:45 am]
 BILLING CODE 8011-01-P



     60534                         Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Notices

     response for a total annual internal                       solicit comments on the proposed rule                  order with the number of contracts
     burden of 2,715,829 hours (59 hours per                    change from interested persons.                        equal to the Max Floor.
     response × 46,031 responses).                                                                                       (2)–(12) No change.
                                                                I. Self-Regulatory Organization’s                        (e)–(j) No change.
       Written comments are invited on: (a)
                                                                Statement of the Terms of Substance of
     Whether this proposed collection of                                                                               *     *     *    *    *
                                                                the Proposed Rule Change
     information is necessary for the proper
     performance of the functions of the                           Cboe EDGX Exchange, Inc. (the                       Rule 21.6. Entry of Orders
     agency, including whether the                              ‘‘Exchange’’ or ‘‘EDGX Options’’)                         Users can enter orders into the
     information will have practical utility;                   proposes to adopt Reserve Orders.                      System, subject to the following
     (b) the accuracy of the agency’s estimate                  (additions are italicized; deletions are               requirements and conditions:
     of the burden imposed by the collection                       [bracketed])                                           (a) Users shall be permitted to
     of information; (c) ways to enhance the                    *      *    *     *     *                              transmit to the System multiple orders
     quality, utility, and clarity of the                                                                              at a single as well as multiple price
     information collected; and (d) ways to                     Rules of Cboe EDGX Exchange, Inc.                      levels. Each order will indicate the
     minimize the burden of the collection of                   *      *      *       *       *                        Reserve Quantity (if applicable).
     information on respondents, including                                                                                (b)–(f) No change.
     through the use of automated collection                    Rule 21.1.        Definitions                          *      *    *     *     *
     techniques or other forms of information                      The following definitions apply to
     technology. Consideration will be given                                                                           Rule 21.8. Order Display and Book
                                                                Chapter XXI for the trading of options                 Processing
     to comments and suggestions submitted                      listed on EDGX Options.
     in writing within 60 days of this                             (a)–(c) No change.                                     (a)–(k) No change.
     publication.                                                  (d) The term ‘‘Order Type’’ shall mean                 (l) Nondisplayed Orders. Displayed
       An agency may not conduct or                             the unique processing prescribed for                   orders have priority over nondisplayed
     sponsor, and a person is not required to                   designated orders that are eligible for                orders. Nondisplayed portions of
     respond to, a collection of information                    entry into the System, and shall include:              Reserve Orders are allocated in
     unless it displays a currently valid                          (1) [(Reserved.)] ‘‘Reserve Orders’’ are            accordance with paragraph (c) above,
     control number.                                            limit orders that have both a portion of               but additional priority overlays do not
       Please direct your written comment to                    the quantity displayed (‘‘Display                      apply, except for the Customer Overlay
     Charles Riddle, Acting Director/Chief                      Quantity’’) and a reserve portion of the               (if applicable).
     Information Officer, Securities and                        quantity (‘‘Reserve Quantity’’) not                    *      *    *     *    *
     Exchange Commission, c/o Candace                           displayed. Both the Display Quantity                      The text of the proposed rule change
     Kenner, 100 F Street NE, Washington,                       and Reserve Quantity of the Reserve                    is also available on the Exchange’s
     DC 20549 or send an email to: PRA_                         Order are available for potential                      website (http://www.cboe.com/About
     Mailbox@sec.gov.                                           execution against incoming orders.                     CBOE/CBOELegalRegulatoryHome.
       Dated: November 20, 2018.                                When entering a Reserve Order, a User                  aspx), at the Exchange’s Office of the
     Eduardo A. Aleman,                                         must instruct the Exchange as to the                   Secretary, and at the Commission’s
                                                                quantity of the order to be initially                  Public Reference Room.
     Assistant Secretary.
     [FR Doc. 2018–25687 Filed 11–23–18; 8:45 am]
                                                                displayed by the System (‘‘Max Floor’’).               II. Self-Regulatory Organization’s
                                                                If the Display Quantity of a Reserve                   Statement of the Purpose of, and
     BILLING CODE 8011–01–P
                                                                Order is fully executed, the System will,              Statutory Basis for, the Proposed Rule
                                                                in accordance with the User’s                          Change
     SECURITIES AND EXCHANGE                                    instruction, replenish the Display
                                                                Quantity from the Reserve Quantity                        In its filing with the Commission, the
     COMMISSION                                                                                                        Exchange included statements
                                                                using one of the below replenishment
     [Release No. 34–84619; File No. SR–                        instructions. If the remainder of an                   concerning the purpose of and basis for
     CboeEDGX–2018–051]                                         order is less than the replenishment                   the proposed rule change and discussed
                                                                amount, the System will display the                    any comments it received on the
     Self-Regulatory Organizations; Cboe                                                                               proposed rule change. The text of these
                                                                entire remainder of the order. The
     EDGX Exchange, Inc.; Notice of Filing                                                                             statements may be examined at the
                                                                System creates a new timestamp for
     and Immediate Effectiveness of a                                                                                  places specified in Item IV below. The
                                                                both the Display Quantity and Reserve
     Proposed Rule Change To Adopt                                                                                     Exchange has prepared summaries, set
                                                                Quantity of the order each time it is
     Reserve Orders                                                                                                    forth in sections A, B, and C below, of
                                                                replenished from reserve.
     November 19, 2018.                                            (A) Random Replenishment. An                        the most significant aspects of such
                                                                instruction that a User may attach to an               statements.
        Pursuant to Section 19(b)(1) of the
     Securities Exchange Act of 1934                            order with Reserve Quantity where the                  A. Self-Regulatory Organization’s
     (‘‘Act’’),1 and Rule 19b–4 thereunder,2                    System randomly replenishes the                        Statement of the Purpose of, and
     notice is hereby given that on November                    Display Quantity for the order with a                  Statutory Basis for, the Proposed Rule
     5, 2018, Cboe EDGX Exchange, Inc.                          number of contracts not outside a                      Change
     (‘‘Exchange’’ or ‘‘‘‘EDGX’’’’) filed with                  replenishment range, which equals the
                                                                Max Floor plus and minus a                             1. Purpose
     the Securities and Exchange
     Commission (‘‘Commission’’) the                            replenishment value established by the                    In 2016, the Exchange’s parent
     proposed rule change as described in                       User when entering a Reserve Order                     company, Cboe Global Markets, Inc.
     Items I and II below, which Items have                     with a Random Replenishment                            (formerly named CBOE Holdings, Inc.)
     been prepared by the Exchange. The                         instruction.                                           (‘‘Cboe Global’’), which is also the
     Commission is publishing this notice to                       (B) Fixed Replenishment. For any                    parent company of Cboe Exchange, Inc.
                                                                order that a User does not select                      (‘‘Cboe Options’’) and Cboe C2
       1 15   U.S.C. 78s(b)(1).                                 Random Replenishment, the System will                  Exchange, Inc. (‘‘C2’’), acquired the
       2 17   CFR 240.19b–4.                                    replenish the Display Quantity of the                  Exchange and its affiliated exchanges,


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                                Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Notices                                               60535

     Cboe EDGA Exchange, Inc. (‘‘EDGA’’),                       Pursuant to proposed Rule 21.8(l),                    proposed rule change is consistent with
     Cboe BZX Exchange, Inc. (‘‘BZX or BZX                   displayed orders have priority over                      the Section 6(b)(5) 7 requirement that
     Options’’), and Cboe BYX Exchange,                      nondisplayed orders. In other words,                     the rules of an exchange not be designed
     Inc. (‘‘BYX’’ and, together with C2, Cboe               while both portions of a Reserve Order                   to permit unfair discrimination between
     Options, EDGX, EDGA, and BZX, the                       may execute against incoming                             customers, issuers, brokers, or dealers.
     ‘‘Cboe Affiliated Exchanges’’). In this                 marketable orders, the displayed portion
                                                                                                                         The proposed rule change is generally
     context, EDGX Options proposes to                       will be executed first, and the non-
     align certain system functionality with                                                                          intended to add certain system
                                                             displayed portion will only execute
     C2 and BZX Options. Although the                        after all displayed interest (from other                 functionality currently offered by C2
     Exchange intentionally offers certain                   orders) at that price has executed.                      and BZX Options to the Exchange’s
     features that differ from those offered by              Nondisplayed portions of Reserve                         System in order to provide a consistent
     the Cboe Affiliated Exchange and will                   Orders are allocated in accordance with                  technology offering for the Cboe
     continue to do so, the Exchange believes                Rule 21.8(c), but additional priority                    Affiliated Exchanges. A consistent
     offering similar functionality to the                   overlays will not apply, except for the                  technology offering, in turn, will
     extent practicable will reduce potential                Customer Overlay (if applicable).                        simplify the technology
     confusion for market participants.                      Therefore, if there are nondisplayed                     implementation, changes and
        The proposed rule change adopts                      portions of multiple Reserve Orders at                   maintenance by Users of the Exchange
     Reserve Orders. Reserve Orders permit                   the same price that can execute against                  that are also participants on Cboe
     Users to enter orders with both                         an incoming marketable order, those                      Affiliated Exchanges. The proposed rule
     displayed and nondisplayed amounts.                     nondisplayed portions will be allocated                  change will provide Users with
     Specifically, proposed Rule 21.1(d)(1)                  in a pro-rata manner; however, if the                    additional flexibility to manage and
     provides that ‘‘Reserve Orders’’ are limit              Customer Overlay has been applied to                     display their orders on the Exchange, as
     orders that have both a portion of the                  the class, the nondisplayed portion of                   well as increased functionality on the
     quantity displayed (‘‘Display Quantity’’)               any Customer Reserve Orders will                         Exchange. This may encourage market
     and a reserve portion of the quantity                   execute first. The Exchange notes that                   participants to bring additional liquidity
     (‘‘Reserve Quantity’’) not displayed.3                  pursuant to Rule 22.13, Interpretation                   to the market, which benefits all
     Both the Display Quantity and Reserve                   and Policy .03, with respect to
     Quantity of the Reserve Order are                                                                                investors. Additionally, this will
                                                             nondisplayed trading interest, including                 provide Users with greater
     available for potential execution against               the Reserve Quantity of a Reserve Order,
     incoming orders. When entering a                                                                                 harmonization between the order
                                                             the exposure requirement in Rule                         handling instructions available among
     Reserve Order, a User must instruct the                 22.13(a) is satisfied if the displayable
     Exchange as to the quantity of the order                                                                         the Cboe Affiliated Exchanges.
                                                             portion of the order (the Display
     to be initially displayed by the System                 Quantity) is displayed at its displayable                   The proposed rule change also
     (‘‘Max Floor’’). If the Display Quantity                price for one second.                                    removes impediments to and perfect the
     of a Reserve Order is fully executed, the                  The proposed rule change is                           mechanism of a free and open market
     System will, in accordance with the                     substantially the same as the rules of                   and a national market system because
     User’s instruction, replenish the Display               other options exchanges.4                                the proposed functionality is available
     Quantity from the Reserve Quantity                                                                               on other options exchanges.8 The
     using one of two replenishment options,                 2. Statutory Basis
                                                                                                                      proposed rule change does not propose
     as described below. If the remainder of                    The Exchange believes the proposed                    to implement new or unique
     an order is less than the replenishment                 rule change is consistent with the                       functionality that has not been
     amount, the System will display the                     Securities Exchange Act of 1934 (the                     previously filed with the Commission or
     entire remainder of the order. The                      ‘‘Act’’) and the rules and regulations                   is not available on Cboe Affiliated
     System creates a new timestamp for                      thereunder applicable to the Exchange                    Exchanges.
     both the Display Quantity and Reserve                   and, in particular, the requirements of
     Quantity of the order each time it is                   Section 6(b) of the Act.5 Specifically,                  B. Self-Regulatory Organization’s
     replenished from reserve.                               the Exchange believes the proposed rule                  Statement on Burden on Competition
        A User may determine that a Reserve                  change is consistent with the Section
     Order should be subject to ‘‘Random                     6(b)(5) 6 requirements that the rules of                    The Exchange does not believe that
     Replenishment’’ or ‘‘Fixed                              an exchange be designed to prevent                       the proposed rule change will impose
     Replenishment.’’ If a Reserve Order has                 fraudulent and manipulative acts and                     any burden on competition that is not
     a Random Replenishment instruction,                     practices, to promote just and equitable                 necessary or appropriate in furtherance
     the System randomly replenishes the                     principles of trade, to foster cooperation               of the purposes of the Act. The
     Display Quantity for the order with a                   and coordination with persons engaged                    proposed rule change will not impose a
     number of contracts not outside a                       in regulating, clearing, settling,                       burden on intramarket competition,
     replenishment range, which equals the                   processing information with respect to,                  because the use of Reserve Orders, like
     Max Floor plus and minus a                              and facilitating transactions in                         all other order instructions available on
     replenishment value established by the                  securities, to remove impediments to                     the Exchange, is voluntary. Reserve
     User when entering a Reserve Order                      and perfect the mechanism of a free and                  Orders entered by all Users will be
     with a Random Replenishment                             open market and a national market                        handled in the same manner. The
     instruction. For any order that a User                  system, and, in general, to protect                      proposed rule change will not impose a
     does not select Random Replenishment,                   investors and the public interest.                       burden on intermarket competition,
     the System will replenish the Display                   Additionally, the Exchange believes the                  because Reserve Order functionality is
     Quantity of the order with the number
                                                                                                                      available on other options exchanges.9
     of contracts equal to the Max Floor.                      4 See, e.g., C2 Rules 1.1 (definition of Reserve

                                                             order in Order Instruction definition) and 6.12(a)(3);
                                                                                                                       7 Id.
       3 The proposed change to Rule 21.6(a) states that     and BZX Options Rules 21.1(d)(1) and 21.8(a)(2).
                                                               5 15 U.S.C. 78f(b).                                     8 See   supra note 6.
     each order will indicate the Reserve Quantity (if
     applicable).                                              6 15 U.S.C. 78f(b)(5).                                  9 Id.




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     60536                        Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Notices

     C. Self-Regulatory Organization’s                         technology implementation changes and                 communications relating to the
     Statement on Comments on the                              maintenance by Trading Permit Holders                 proposed rule change between the
     Proposed Rule Change Received From                        of the Exchange that are also                         Commission and any person, other than
     Members, Participants, or Others                          participants on Cboe Affiliated                       those that may be withheld from the
       The Exchange neither solicited nor                      Exchanges. The Commission believes                    public in accordance with the
     received comments on the proposed                         that waiver of the 30-day operative                   provisions of 5 U.S.C. 552, will be
     rule change.                                              delay is consistent with the protection               available for website viewing and
                                                               of investors and the public interest.                 printing in the Commission’s Public
     III. Date of Effectiveness of the                         Therefore, the Commission hereby                      Reference Room, 100 F Street NE,
     Proposed Rule Change and Timing for                       waives the 30-day operative delay and                 Washington, DC 20549, on official
     Commission Action                                         designates the proposed rule change as                business days between the hours of
        Because the foregoing proposed rule                    operative upon filing.14                              10:00 a.m. and 3:00 p.m. Copies of the
     change does not: (i) Significantly affect                    At any time within 60 days of the                  filing also will be available for
     the protection of investors or the public                 filing of the proposed rule change, the               inspection and copying at the principal
     interest; (ii) impose any significant                     Commission summarily may                              office of the Exchange. All comments
     burden on competition; and (iii) become                   temporarily suspend such rule change if               received will be posted without change.
     operative for 30 days from the date on                    it appears to the Commission that such                Persons submitting comments are
     which it was filed, or such shorter time                  action is: (i) Necessary or appropriate in            cautioned that we do not redact or edit
     as the Commission may designate, it has                   the public interest; (ii) for the protection          personal identifying information from
                                                               of investors; or (iii) otherwise in                   comment submissions. You should
     become effective pursuant to Section
                                                               furtherance of the purposes of the Act.               submit only information that you wish
     19(b)(3)(A)(iii) of the Act 10 and
                                                               If the Commission takes such action, the              to make available publicly. All
     subparagraph (f)(6) of Rule 19b–4
                                                               Commission shall institute proceedings                submissions should refer to File
     thereunder.11
                                                               to determine whether the proposed rule                Number SR–CboeEDGX–2018–051 and
        A proposed rule change filed under
                                                               should be approved or disapproved.                    should be submitted on or before
     Rule 19b–4(f)(6) 12 normally does not
     become operative prior to 30 days after                   IV. Solicitation of Comments                          December 17, 2018.
     the date of the filing. However, Rule                       Interested persons are invited to                     For the Commission, by the Division of
     19b–4(f)(6)(iii) 13 permits the                           submit written data, views, and                       Trading and Markets, pursuant to delegated
     Commission to designate a shorter time                    arguments concerning the foregoing,                   authority.15
     if such action is consistent with the                     including whether the proposed rule                   Eduardo A. Aleman,
     protection of investors and the public                    change is consistent with the Act.                    Assistant Secretary.
     interest. The Exchange has asked the                      Comments may be submitted by any of                   [FR Doc. 2018–25596 Filed 11–23–18; 8:45 am]
     Commission to waive the 30-day                            the following methods:                                BILLING CODE 8011–01–P
     operative delay so that the proposed
     rule change may become effective and                      Electronic Comments
     operative immediately upon filing. The                       • Use the Commission’s internet                    SECURITIES AND EXCHANGE
     Exchange states that waiver of the                        comment form (http://www.sec.gov/                     COMMISSION
     operative delay will provide Users with                   rules/sro.shtml); or
     additional flexibility to manage and                         • Send an email to rule-comments@                  [Release No. 34–84636; File No. SR–
     display their orders and provide                          sec.gov. Please include File Number SR–               NYSEAMER–2018–49]
     additional control over their executions                  CboeEDGX–2018–051 on the subject
     on the Exchange as soon as possible.                      line.                                                 Self-Regulatory Organizations; NYSE
     The Exchange further states that waiver                                                                         American LLC; Notice of Filing and
                                                               Paper Comments                                        Immediate Effectiveness of Proposed
     of the operative delay will allow the
     Exchange to continue to strive towards                       • Send paper comments in triplicate                Rule Change To Amend Article II,
     a complete technology integration of the                  to Secretary, Securities and Exchange                 Section 2.03(h)(ii) and Article VI of Its
     Cboe Affiliated Exchanges, with gradual                   Commission, 100 F Street NE,                          Operating Agreement
     roll-outs of new functionality to ensure                  Washington, DC 20549–1090.                            November 20, 2018.
     the stability of the System. The                          All submissions should refer to File                     Pursuant to Section 19(b)(1) 1 of the
     Exchange notes that the proposed rule                     Number SR–CboeEDGX–2018–051. This                     Securities Exchange Act of 1934
     change is generally intended to codify                    file number should be included on the                 (‘‘Act’’) 2 and Rule 19b–4 thereunder,3
     and to add certain system functionality                   subject line if email is used. To help the            notice is hereby given that on November
     to the Exchange’s System in order to                      Commission process and review your                    9, 2018, NYSE American LLC
     provide a consistent technology offering                  comments more efficiently, please use                 (‘‘Exchange’’ or ‘‘NYSE American’’) filed
     for the Cboe Affiliated Exchanges. The                    only one method. The Commission will                  with the Securities and Exchange
     Exchange further notes that a consistent                  post all comments on the Commission’s                 Commission (‘‘Commission’’) the
     technology offering will simplify the                     internet website (http://www.sec.gov/                 proposed rule change as described in
                                                               rules/sro.shtml). Copies of the                       Items I, II, and III below, which Items
       10 15  U.S.C. 78s(b)(3)(A)(iii).                        submission, all subsequent                            have been prepared by the Exchange.
       11 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      amendments, all written statements                    The Commission is publishing this
     4(f)(6)(iii) requires a self-regulatory organization to   with respect to the proposed rule
     give the Commission written notice of its intent to                                                             notice to solicit comments on the
     file the proposed rule change, along with a brief         change that are filed with the                        proposed rule change from interested
     description and text of the proposed rule change,         Commission, and all written                           persons.
     at least five business days prior to the date of filing
     of the proposed rule change, or such shorter time            14 For purposes only of waiving the 30-day
                                                                                                                       15 17 CFR 200.30–3(a)(12).
     as designated by the Commission. The Exchange             operative delay, the Commission has also
     has satisfied this requirement.                           considered the proposed rule’s impact on
                                                                                                                       1 15 U.S.C.78s(b)(1).
        12 17 CFR 240.19b–4(f)(6).                                                                                     2 15 U.S.C. 78a.
                                                               efficiency, competition, and capital formation. See
        13 17 CFR 240.19b–4(f)(6)(iii).                        15 U.S.C. 78c(f).                                       3 17 CFR 240.19b–4.




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Document Created: 2018-11-24 00:51:30
Document Modified: 2018-11-24 00:51:30
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 60534 

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