83_FR_63167 83 FR 62933 - Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To Eliminate the Liquidity Swap Component of the Discretionary Range Instruction

83 FR 62933 - Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To Eliminate the Liquidity Swap Component of the Discretionary Range Instruction

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 234 (December 6, 2018)

Page Range62933-62936
FR Document2018-26399

Federal Register, Volume 83 Issue 234 (Thursday, December 6, 2018)
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Notices]
[Pages 62933-62936]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26399]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84683; File No. SR-CboeEDGA-2018-019]


Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change 
Relating To Eliminate the Liquidity Swap Component of the Discretionary 
Range Instruction

November 29, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on November 23, 2018, Cboe EDGA Exchange, Inc. (the ``Exchange'' 
or ``EDGA'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and 
II, which Items have been prepared by the Exchange. The Exchange filed 
the proposal as a ``non-controversial'' proposed rule change pursuant 
to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) 
thereunder.\4\ 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    Cboe EDGA Exchange, Inc. (``EDGA'' or the ``Exchange'') is filing 
with the Securities and Exchange Commission (the ``Commission'') a 
proposed rule change to eliminate the liquidity swap component of the 
Discretionary Range instruction in connection with the recent 
introduction of a ``high inverted'' fee model.
    The text of the proposed rule change is also available on the 
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to eliminate the 
liquidity swap component of the Discretionary Range instruction in 
connection with the introduction of a ``high inverted'' fee model, as 
discussed in more detail

[[Page 62934]]

below.\5\ All other functionality offered by the Discretionary Range 
instruction would remain unchanged.
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    \5\ A liquidity swap occurs when a resting order that is posted 
to the EDGA Book becomes the remover rather than the adder of 
liquidity for fee purposes.
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    Discretionary Range is an instruction the User \6\ may attach to an 
order to buy (sell) a stated amount of a security at a specified, 
displayed or non-displayed ranked price with discretion to execute up 
(down) to another specified, non-displayed price.\7\ Because the 
Discretionary Range instruction indicates a willingness by the entering 
User to trade at prices more aggressive than the order's ranked price, 
orders entered with this instruction also liquidity swap with certain 
incoming orders. Specifically, Rule 11.6(d) provides that a resting 
order with a Discretionary Range instruction would remove liquidity 
against: (1) An incoming Post Only order at its displayed or non-
displayed ranked price that does not remove liquidity on entry pursuant 
to Rule 11.6(n)(4), and (2) an incoming order with a time-in-force 
(``TIF'') other than Immediate-or-Cancel (``IOC'') or Fill-or-Kill 
(``FOK'') that is priced within its discretionary range. All other 
orders follow normal handling for the execution of an incoming order 
and remove liquidity when trading with a resting order with a 
Discretionary Range instruction.\8\
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    \6\ The term ``User'' means any Member or Sponsored Participant 
who is authorized to obtain access to the System pursuant to Rule 
11.3. See Rule 1.5(ee).
    \7\ See Rule 11.6(d). An order with a Discretionary Range 
instruction resting on the EDGA Book will execute at its least 
aggressive price when matched for execution against an incoming 
order that also contains a Discretionary Range instruction, as 
permitted by the terms of both the incoming and resting order. Id.
    \8\ For example, an incoming order that executes at the ranked 
price of the Discretionary Range order, or an IOC or FOK order that 
executes at a price within the discretionary range would execute as 
the liquidity remover. Id.
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    The Exchange proposes that a resting order with a Discretionary 
Range instruction would no longer perform a liquidity swap against any 
incoming orders, such that the incoming order would always act as the 
taker of liquidity, and the resting order with a Discretionary Range 
instruction would act as the maker of liquidity. As incoming Post Only 
orders always remove liquidity on entry in an inverted market where it 
is economically beneficial to remove liquidity,\9\ this change would 
chiefly impact the execution of Discretionary Range orders against 
incoming orders with a TIF other than IOC or FOK priced within the 
discretionary range.
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    \9\ See Rule 11.6(n)(4).
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    EDGA has operated with an ``inverted'' fee schedule whereby orders 
that remove liquidity are provided a rebate and orders that add 
liquidity pay a fee.\10\ On November 1, 2018, the Exchange filed an 
immediately effective change to its fee schedule to introduce a ``high 
inverted'' market model that increased both the rebate provided to 
orders that remove liquidity and the fee paid by orders that add 
liquidity.\11\ With the recent changes to the fee schedule, an order 
that removes liquidity is provided a base rebate of $0.0024 per share, 
and an order that adds liquidity pays a base fee of $0.0030 per 
share.\12\
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    \10\ See Cboe EDGA U.S. Equities Exchange Fee Schedule.
    \11\ See Securities Exchange Act Release No. 84599 (November 15, 
2018), 83 FR 58795 (November 21, 2018) (SR-CboeEDGA-2018-017).
    \12\ Members also have the opportunity to qualify for a lower 
fee or higher rebate based on volume executed on EDGA.
---------------------------------------------------------------------------

    Under the current order handling, an order that executes 
immediately on entry, which would ordinarily be paid a rebate of 
$0.0024 per share based on the new high inverted fee structure, could 
instead end up adding liquidity and paying a fee of up to $0.0030 per 
share--i.e., a swing of $0.0054 per share--if the incoming order 
liquidity swaps when trading with a posted order that contains a 
Discretionary Range instruction. For example, assume the national best 
bid and offer is $10.00 x $10.05, and there is an order to buy on the 
EDGA Book priced at $10.00 with discretion to pay up to $10.03. If the 
Exchange were to receive an incoming Day order to sell at $10.02, the 
incoming order would be posted to the EDGA Book and then trade with the 
Discretionary Range order at $10.02 as the adder of liquidity, paying a 
fee of $0.0030 per share instead of receiving the expected rebate of 
$0.0024 per share.
    Although likely to be a rare occurrence, the Exchange believes that 
paying a $0.0030 per share fee in this scenario may be contrary to the 
expectations of Users that enter an order that trades on entry, who may 
instead expect to receive a $0.0024 per share rebate for sending 
marketable order flow to EDGA. The Exchange therefore proposes to 
eliminate the liquidity swap component of the Discretionary Range 
instruction. As proposed, an order entered with a Discretionary Range 
instruction would never perform a liquidity swap with an incoming 
order. Since an order entered with a Discretionary Range instruction 
would not liquidity swap with an incoming order under any 
circumstances, the Exchange proposes to reflect this change by 
providing that any contra-side order that executes against a resting 
order with a Discretionary Range instruction at its displayed or non-
displayed ranked price, or a price in the discretionary range, will 
remove liquidity against the order with a Discretionary Range 
instruction.
    In addition, the Exchange proposes to describe in Rule 11.6(d) how 
the Exchange would handle orders entered with a Discretionary Range 
instruction in the event that it changes its fees such that an incoming 
order with a Post Only instruction does not always remove liquidity on 
entry. As previously discussed, the Exchange is amending the 
Discretionary Range instruction such that orders entered with a 
Discretionary Range instruction would not liquidity swap with incoming 
orders, including orders entered with a Post Only instruction. Instead, 
the Exchange proposes that where an incoming order with a Post Only 
instruction does not remove liquidity on entry pursuant to Rule 
11.6(n)(4) against a resting order with a Discretionary Range 
instruction, the discretionary range of the resting order with a 
Discretionary Range instruction would be shortened to equal the limit 
price of the incoming contra-side order with a Post Only instruction. 
While under an inverted fee schedule incoming orders with a Post Only 
instruction remove liquidity on entry, this language would be relevant 
if the Exchange were to move to a different market model (e.g., maker/
taker). In such an event, the Discretionary Range instruction would 
behave in a manner similar to recently adopted MidPoint Discretionary 
Orders (``MDO'') on its affiliate Cboe EDGX Exchange, Inc. 
(``EDGX'').\13\ Like the proposed handling for EDGA orders entered with 
a Discretionary Range instruction, MDOs on EDGX are not willing to 
perform a liquidity swap, and would instead have their discretionary 
range shortened if an order with a Post Only instruction were to be 
posted within the discretionary range.
---------------------------------------------------------------------------

    \13\ See Securities Exchange Act Release No. 84327 (October 1, 
2018), 83 FR 50416 (October 5, 2018) (SR-CboeEDGX-2018-041). The 
Exchange also offers MDOs on EDGA that follow the handling described 
in this filing for orders entered with a Discretionary Range 
instruction. See Rule 11.8(e).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the requirements of Section 6(b) of the Act,\14\ in general, and 
Section 6(b)(5) of

[[Page 62935]]

the Act,\15\ in particular, in that it is designed to remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system, to promote just and equitable principles of 
trade, and, in general, to protect investors and the public interest 
and not to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange offers a Discretionary Range instruction that allows 
Users to specify a non-displayed discretionary price in addition to a 
displayed or non-displayed ranked price. As part of this instruction, 
an order entered with a discretionary price would liquidity swap in 
certain scenarios described in Rule 11.6(d), including when trading 
within the order's discretionary range against an incoming order that 
is entered with a TIF other than IOC or FOK. The Exchange believes that 
this result is undesirable under an inverted fee structure since the 
order that is negatively impacted by the swap from a rebate to a fee is 
the incoming order, and not the resting order that has opted into this 
handling by including a Discretionary Range instruction. Furthermore, 
this issue would be exacerbated under the new high inverted fee 
structure since the difference between the base fee for adding 
liquidity and base rebate for removing liquidity is now $0.0054 per 
share. The Exchange therefore believes that eliminating the possibility 
of this liquidity swap is consistent with the public interest and the 
protection of investors.
    With this change no resting orders on EDGA would liquidity swap 
with an incoming order, thereby ensuring that the incoming order would 
be the taker of liquidity, and paid the applicable rebate rather than 
charged an unexpected fee. Although certain other order instructions 
offered by the Exchange (e.g., Super Aggressive and Non-Displayed Swap) 
\16\ contain a liquidity swap component, those order instructions do 
not liquidity swap under an inverted fee structure where a Post Only 
order would always remove liquidity on entry. The Exchange believes 
that amending its order handling, as proposed, to ensure a similar 
result in cases that involve the Discretionary Range instruction would 
promote just and equitable principles of trade.
---------------------------------------------------------------------------

    \16\ See Rule 11.6(n)(2), (n)(7).
---------------------------------------------------------------------------

    Finally, the Exchange believes that the proposed operation of the 
Discretionary Range instruction where an order with a Post Only 
instruction posts in the discretionary range is consistent with the 
protection of investors and the public interest. While the Exchange 
currently operates under an inverted fee schedule where an incoming 
order with a Post Only instruction would remove liquidity on entry, the 
Exchange believes that it would be appropriate to shorten the 
discretion of a resting order with a Discretionary Range instruction if 
necessary due to an incoming order with a Post Only instruction posting 
at a price within the discretionary range, which would be possible, for 
example, in the event the Exchange were to introduce a maker/taker 
market model. Shortening the order's discretionary range in such 
circumstances is intended to avoid the discretionary range extending 
past the contra-side order's limit price, which could create a price 
priority issue should a later order be entered and be eligible to 
execute against the resting order within its discretionary range but at 
a price that extends beyond the contra-side order with a Post Only 
instruction. As mentioned in the purpose section of this proposed rule 
change, similar behavior is already implemented for MDOs on EDGX.\17\
---------------------------------------------------------------------------

    \17\ See note 13 supra.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change would 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed rule change is 
designed to eliminate the possibility that a liquidity swap could cause 
an incoming order that was expecting to receive a rebate as a remover 
of liquidity to instead pay a fee. The Exchange believes that the 
proposed handling accords with the expectation of its Users when 
sending order flow to EDGA, which operates under an inverted fee model 
that generally incentivizes marketable order flow that removes 
liquidity on entry. The Exchange therefore believes that the proposed 
rule change would promote a fair and competitive market in securities 
traded on EDGA.

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

    No comments were solicited or received on the proposed rule change.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \18\ and Rule 19b-
4(f)(6) thereunder.\19\
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    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \20\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \21\ 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 requested that the Commission waive the 30-day operative delay so 
that the proposed rule change may become operative upon filing. Waiver 
of the operative delay would allow the Exchange to immediately amend 
its rules to change its handling of orders entered with a Discretionary 
Range instruction so that such orders, when resting, no longer may 
liquidity swap with incoming orders with which they execute. The 
Exchange believes that eliminating this potential for a liquidity swap 
would be more consistent with the expectation of Exchange participants 
who submit orders that trade on entry and, in light of the Exchange's 
inverted fee structure, may expect to receive a rebate for such 
executions instead of incurring a fee due to a liquidity swap. The 
Exchange also believes that waiver of the operative delay will reduce 
the possibility that Exchange participants are inadvertently 
disadvantaged by a recent Exchange fee schedule change introducing 
higher fees and rebates. For these reasons, the Commission believes 
that waiver of the 30-day operative delay is consistent with the 
protection of investors and the public interest. Accordingly, the 
Commission hereby waives the operative delay and

[[Page 62936]]

designates the proposed rule change operative upon filing.\22\
---------------------------------------------------------------------------

    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ 17 CFR 240.19b-4(f)(6)(iii).
    \22\ For purposes only of waiving the 30-day operative delay, 
the Commission also has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule change 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 [email protected]. Please include 
File Number SR-CboeEDGA-2018-019 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-CboeEDGA-2018-019. 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-CboeEDGA-2018-019, and should be 
submitted on or before December 26, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-26399 Filed 12-4-18; 8:45 am]
BILLING CODE 8011-01-P



                                                                          Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices                                                62933

                                               (202) 551–6821; SEC, Division of                          Filing Date: The application was filed                notice is hereby given that on November
                                               Investment Management, Chief                            on October 29, 2018.                                    23, 2018, Cboe EDGA Exchange, Inc.
                                               Counsel’s Office, 100 F Street NE,                        Applicant’s Address: c/o Morgan                       (the ‘‘Exchange’’ or ‘‘EDGA’’) filed with
                                               Washington, DC 20549–8010.                              Stanley Investment Management Inc.,                     the Securities and Exchange
                                                                                                       522 Fifth Avenue, New York, New York                    Commission (the ‘‘Commission’’) the
                                               Active Assets Prime Trust [File No.                     10036.                                                  proposed rule change as described in
                                               811–09713]                                                                                                      Items I and II, which Items have been
                                                  Summary: Applicant seeks an order                    Van Eck Emerging Markets Multi-Asset
                                                                                                                                                               prepared by the Exchange. The
                                               declaring that it has ceased to be an                   Income Fund [File No. 811–22854]
                                                                                                                                                               Exchange filed the proposal as a ‘‘non-
                                               investment company. On January 31,                         Summary: Applicant, a closed-end                     controversial’’ proposed rule change
                                               2018, applicant made liquidating                        investment company, seeks an order                      pursuant to Section 19(b)(3)(A)(iii) of
                                               distributions to its shareholders based                 declaring that it has ceased to be an                   the Act 3 and Rule 19b–4(f)(6)
                                               on net asset value. Expenses of $13,717                 investment company. Applicant has                       thereunder.4 The Commission is
                                               incurred in connection with the                         never made a public offering of its                     publishing this notice to solicit
                                               liquidation were paid by the applicant.                 securities and does not propose to make                 comments on the proposed rule change
                                                  Filing Date: The application was filed               a public offering or engage in business                 from interested persons.
                                               on October 29, 2018.                                    of any kind.
                                                                                                          Filing Dates: The application was                    I. Self-Regulatory Organization’s
                                                  Applicant’s Address: c/o Morgan
                                                                                                       filed on October 26, 2018, and amended                  Statement of the Terms of Substance of
                                               Stanley Investment Management Inc.,
                                                                                                       on November 19, 2018.                                   the Proposed Rule Change
                                               522 Fifth Avenue, New York, New York
                                               10036.                                                     Applicant’s Address: 666 Third                          Cboe EDGA Exchange, Inc. (‘‘EDGA’’
                                                                                                       Avenue, 9th Floor, New York, New York                   or the ‘‘Exchange’’) is filing with the
                                               TCW Alternative Funds [File No. 811–                    10017.                                                  Securities and Exchange Commission
                                               23025]                                                                                                          (the ‘‘Commission’’) a proposed rule
                                                                                                       Van Eck Coastland Online Consumer
                                                  Summary: Applicant seeks an order                                                                            change to eliminate the liquidity swap
                                                                                                       Finance Fund [File No. 811–23224]
                                               declaring that it has ceased to be an                                                                           component of the Discretionary Range
                                               investment company. On October 5,                          Summary: Applicant, a closed-end                     instruction in connection with the
                                               2018, applicant made liquidating                        investment company, seeks an order                      recent introduction of a ‘‘high inverted’’
                                               distributions to its shareholders based                 declaring that it has ceased to be an                   fee model.
                                               on net asset value. Expenses of $45,000                 investment company. Applicant has                          The text of the proposed rule change
                                               incurred in connection with the                         never made a public offering of its                     is also available on the Exchange’s
                                               liquidation were paid by the applicant’s                securities and does not propose to make                 website (http://www.cboe.com/
                                               investment adviser.                                     a public offering or engage in business                 AboutCBOE/CBOELegal
                                                  Filing Dates: The application was                    of any kind.                                            RegulatoryHome.aspx), at the
                                               filed on October 30, 2018, and amended                     Filing Dates: The application was                    Exchange’s Office of the Secretary, and
                                               on November 20, 2018.                                   filed on November 1, 2018, and                          at the Commission’s Public Reference
                                                  Applicant’s Address: 865 South                       amended on November 19, 2018.                           Room.
                                               Figueroa Street, Suite 1800, Los                           Applicant’s Address: 666 Third
                                                                                                       Avenue, 9th Floor, New York, New York                   II. Self-Regulatory Organization’s
                                               Angeles, California 90017.                                                                                      Statement of the Purpose of, and
                                                                                                       10017.
                                               Thai Fund, Inc. [File No. 811–05348]                                                                            Statutory Basis for, the Proposed Rule
                                                                                                         For the Commission, by the Division of                Change
                                                  Summary: Applicant, a closed-end                     Investment Management, pursuant to
                                               investment company, seeks an order                      delegated authority.                                       In its filing with the Commission, the
                                               declaring that it has ceased to be an                   Eduardo A. Aleman,                                      Exchange included statements
                                               investment company. On January 26,                      Assistant Secretary.
                                                                                                                                                               concerning the purpose of and basis for
                                               2018, applicant made liquidating                                                                                the proposed rule change and discussed
                                                                                                       [FR Doc. 2018–26487 Filed 12–4–18; 8:45 am]
                                               distributions to its shareholders based                                                                         any comments it received on the
                                                                                                       BILLING CODE 8011–01–P
                                               on net asset value. Expenses of $55,300                                                                         proposed rule change. The text of these
                                               incurred in connection with the                                                                                 statements may be examined at the
                                               liquidation were paid by the applicant.                                                                         places specified in Item IV below. The
                                                                                                       SECURITIES AND EXCHANGE
                                                  Filing Dates: The application was                                                                            Exchange has prepared summaries, set
                                                                                                       COMMISSION
                                               filed on October 29, 2018, and amended                                                                          forth in sections A, B, and C below, of
                                               on November 20, 2018.                                   [Release No. 34–84683; File No. SR–                     the most significant aspects of such
                                                                                                       CboeEDGA–2018–019]                                      statements.
                                                  Applicant’s Address: c/o Morgan
                                               Stanley Investment Management Inc.,                     Self-Regulatory Organizations; Cboe                     A. Self-Regulatory Organization’s
                                               522 Fifth Avenue, New York, New York                    EDGA Exchange, Inc.; Notice of Filing                   Statement of the Purpose of, and
                                               10036.                                                  and Immediate Effectiveness of a                        Statutory Basis for, the Proposed Rule
                                               Turkish Investment Fund, Inc. [File No.                 Proposed Rule Change Relating To                        Change
                                               811–05921]                                              Eliminate the Liquidity Swap                            1. Purpose
                                                                                                       Component of the Discretionary Range
                                                  Summary: Applicant, a closed-end                                                                                The purpose of the proposed rule
                                                                                                       Instruction
                                               investment company, seeks an order
khammond on DSK30JT082PROD with NOTICES




                                                                                                                                                               change is to eliminate the liquidity
                                               declaring that it has ceased to be an                   November 29, 2018.                                      swap component of the Discretionary
                                               investment company. On December 29,                        Pursuant to Section 19(b)(1) of the                  Range instruction in connection with
                                               2017, applicant made liquidating                        Securities Exchange Act of 1934 (the                    the introduction of a ‘‘high inverted’’ fee
                                               distributions to its shareholders based                 ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  model, as discussed in more detail
                                               on net asset value. Expenses of $93,000
                                               incurred in connection with the                           1 15   U.S.C. 78s(b)(1).                                3 15   U.S.C. 78s(b)(3)(A)(iii).
                                               liquidation were paid by the applicant.                   2 17   CFR 240.19b–4.                                   4 17   CFR 240.19b–4(f)(6).



                                          VerDate Sep<11>2014   20:35 Dec 04, 2018   Jkt 247001   PO 00000   Frm 00101     Fmt 4703   Sfmt 4703   E:\FR\FM\06DEN1.SGM     06DEN1


                                               62934                      Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices

                                               below.5 All other functionality offered                 other than IOC or FOK priced within the               order under any circumstances, the
                                               by the Discretionary Range instruction                  discretionary range.                                  Exchange proposes to reflect this change
                                               would remain unchanged.                                    EDGA has operated with an                          by providing that any contra-side order
                                                  Discretionary Range is an instruction                ‘‘inverted’’ fee schedule whereby orders              that executes against a resting order
                                                                                                       that remove liquidity are provided a                  with a Discretionary Range instruction
                                               the User 6 may attach to an order to buy
                                                                                                       rebate and orders that add liquidity pay              at its displayed or non-displayed ranked
                                               (sell) a stated amount of a security at a
                                                                                                       a fee.10 On November 1, 2018, the                     price, or a price in the discretionary
                                               specified, displayed or non-displayed
                                                                                                       Exchange filed an immediately effective               range, will remove liquidity against the
                                               ranked price with discretion to execute
                                                                                                       change to its fee schedule to introduce               order with a Discretionary Range
                                               up (down) to another specified, non-
                                                                                                       a ‘‘high inverted’’ market model that                 instruction.
                                               displayed price.7 Because the
                                                                                                       increased both the rebate provided to                    In addition, the Exchange proposes to
                                               Discretionary Range instruction                         orders that remove liquidity and the fee
                                               indicates a willingness by the entering                                                                       describe in Rule 11.6(d) how the
                                                                                                       paid by orders that add liquidity.11 With             Exchange would handle orders entered
                                               User to trade at prices more aggressive                 the recent changes to the fee schedule,
                                               than the order’s ranked price, orders                                                                         with a Discretionary Range instruction
                                                                                                       an order that removes liquidity is                    in the event that it changes its fees such
                                               entered with this instruction also                      provided a base rebate of $0.0024 per
                                               liquidity swap with certain incoming                                                                          that an incoming order with a Post Only
                                                                                                       share, and an order that adds liquidity               instruction does not always remove
                                               orders. Specifically, Rule 11.6(d)                      pays a base fee of $0.0030 per share.12
                                               provides that a resting order with a                                                                          liquidity on entry. As previously
                                                                                                          Under the current order handling, an
                                               Discretionary Range instruction would                                                                         discussed, the Exchange is amending
                                                                                                       order that executes immediately on
                                               remove liquidity against: (1) An                                                                              the Discretionary Range instruction
                                                                                                       entry, which would ordinarily be paid
                                               incoming Post Only order at its                                                                               such that orders entered with a
                                                                                                       a rebate of $0.0024 per share based on
                                               displayed or non-displayed ranked price                                                                       Discretionary Range instruction would
                                                                                                       the new high inverted fee structure,
                                               that does not remove liquidity on entry                                                                       not liquidity swap with incoming
                                                                                                       could instead end up adding liquidity
                                               pursuant to Rule 11.6(n)(4), and (2) an                                                                       orders, including orders entered with a
                                                                                                       and paying a fee of up to $0.0030 per
                                               incoming order with a time-in-force                                                                           Post Only instruction. Instead, the
                                                                                                       share—i.e., a swing of $0.0054 per
                                               (‘‘TIF’’) other than Immediate-or-Cancel                                                                      Exchange proposes that where an
                                                                                                       share—if the incoming order liquidity
                                               (‘‘IOC’’) or Fill-or-Kill (‘‘FOK’’) that is             swaps when trading with a posted order                incoming order with a Post Only
                                               priced within its discretionary range.                  that contains a Discretionary Range                   instruction does not remove liquidity on
                                               All other orders follow normal handling                 instruction. For example, assume the                  entry pursuant to Rule 11.6(n)(4) against
                                               for the execution of an incoming order                  national best bid and offer is $10.00 ×               a resting order with a Discretionary
                                               and remove liquidity when trading with                  $10.05, and there is an order to buy on               Range instruction, the discretionary
                                               a resting order with a Discretionary                    the EDGA Book priced at $10.00 with                   range of the resting order with a
                                               Range instruction.8                                     discretion to pay up to $10.03. If the                Discretionary Range instruction would
                                                                                                       Exchange were to receive an incoming                  be shortened to equal the limit price of
                                                  The Exchange proposes that a resting                                                                       the incoming contra-side order with a
                                               order with a Discretionary Range                        Day order to sell at $10.02, the incoming
                                                                                                       order would be posted to the EDGA                     Post Only instruction. While under an
                                               instruction would no longer perform a                                                                         inverted fee schedule incoming orders
                                               liquidity swap against any incoming                     Book and then trade with the
                                                                                                       Discretionary Range order at $10.02 as                with a Post Only instruction remove
                                               orders, such that the incoming order                                                                          liquidity on entry, this language would
                                               would always act as the taker of                        the adder of liquidity, paying a fee of
                                                                                                       $0.0030 per share instead of receiving                be relevant if the Exchange were to
                                               liquidity, and the resting order with a                                                                       move to a different market model (e.g.,
                                               Discretionary Range instruction would                   the expected rebate of $0.0024 per
                                                                                                       share.                                                maker/taker). In such an event, the
                                               act as the maker of liquidity. As                                                                             Discretionary Range instruction would
                                               incoming Post Only orders always                           Although likely to be a rare
                                                                                                       occurrence, the Exchange believes that                behave in a manner similar to recently
                                               remove liquidity on entry in an inverted                                                                      adopted MidPoint Discretionary Orders
                                               market where it is economically                         paying a $0.0030 per share fee in this
                                                                                                       scenario may be contrary to the                       (‘‘MDO’’) on its affiliate Cboe EDGX
                                               beneficial to remove liquidity,9 this                                                                         Exchange, Inc. (‘‘EDGX’’).13 Like the
                                               change would chiefly impact the                         expectations of Users that enter an order
                                                                                                       that trades on entry, who may instead                 proposed handling for EDGA orders
                                               execution of Discretionary Range orders                                                                       entered with a Discretionary Range
                                               against incoming orders with a TIF                      expect to receive a $0.0024 per share
                                                                                                       rebate for sending marketable order flow              instruction, MDOs on EDGX are not
                                                                                                       to EDGA. The Exchange therefore                       willing to perform a liquidity swap, and
                                                  5 A liquidity swap occurs when a resting order

                                               that is posted to the EDGA Book becomes the             proposes to eliminate the liquidity swap              would instead have their discretionary
                                               remover rather than the adder of liquidity for fee      component of the Discretionary Range                  range shortened if an order with a Post
                                               purposes.                                               instruction. As proposed, an order                    Only instruction were to be posted
                                                  6 The term ‘‘User’’ means any Member or
                                                                                                       entered with a Discretionary Range                    within the discretionary range.
                                               Sponsored Participant who is authorized to obtain
                                               access to the System pursuant to Rule 11.3. See         instruction would never perform a                     2. Statutory Basis
                                               Rule 1.5(ee).                                           liquidity swap with an incoming order.
                                                  7 See Rule 11.6(d). An order with a Discretionary
                                                                                                       Since an order entered with a                           The Exchange believes the proposed
                                               Range instruction resting on the EDGA Book will         Discretionary Range instruction would                 rule change is consistent with the
                                               execute at its least aggressive price when matched                                                            requirements of Section 6(b) of the
                                               for execution against an incoming order that also       not liquidity swap with an incoming
                                                                                                                                                             Act,14 in general, and Section 6(b)(5) of
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                                               contains a Discretionary Range instruction, as
                                               permitted by the terms of both the incoming and           10 See Cboe EDGA U.S. Equities Exchange Fee

                                               resting order. Id.                                      Schedule.                                               13 See Securities Exchange Act Release No. 84327
                                                  8 For example, an incoming order that executes at      11 See Securities Exchange Act Release No. 84599    (October 1, 2018), 83 FR 50416 (October 5, 2018)
                                               the ranked price of the Discretionary Range order,      (November 15, 2018), 83 FR 58795 (November 21,        (SR–CboeEDGX–2018–041). The Exchange also
                                               or an IOC or FOK order that executes at a price         2018) (SR–CboeEDGA–2018–017).                         offers MDOs on EDGA that follow the handling
                                               within the discretionary range would execute as the       12 Members also have the opportunity to qualify     described in this filing for orders entered with a
                                               liquidity remover. Id.                                  for a lower fee or higher rebate based on volume      Discretionary Range instruction. See Rule 11.8(e).
                                                  9 See Rule 11.6(n)(4).                               executed on EDGA.                                       14 15 U.S.C. 78f(b).




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                                                                              Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices                                                    62935

                                               the Act,15 in particular, in that it is                    posts in the discretionary range is                    III. Date of Effectiveness of the
                                               designed to remove impediments to and                      consistent with the protection of                      Proposed Rule Change and Timing for
                                               perfect the mechanism of a free and                        investors and the public interest. While               Commission Action
                                               open market and a national market                          the Exchange currently operates under
                                               system, to promote just and equitable                      an inverted fee schedule where an                         Because the foregoing proposed rule
                                               principles of trade, and, in general, to                   incoming order with a Post Only                        change does not: (i) Significantly affect
                                               protect investors and the public interest                  instruction would remove liquidity on                  the protection of investors or the public
                                               and not to permit unfair discrimination                    entry, the Exchange believes that it                   interest; (ii) impose any significant
                                               between customers, issuers, brokers, or                    would be appropriate to shorten the                    burden on competition; and (iii) become
                                               dealers.                                                                                                          operative for 30 days from the date on
                                                                                                          discretion of a resting order with a
                                                  The Exchange offers a Discretionary                                                                            which it was filed, or such shorter time
                                               Range instruction that allows Users to                     Discretionary Range instruction if
                                                                                                          necessary due to an incoming order                     as the Commission may designate, it has
                                               specify a non-displayed discretionary                                                                             become effective pursuant to Section
                                               price in addition to a displayed or non-                   with a Post Only instruction posting at
                                                                                                          a price within the discretionary range,                19(b)(3)(A) of the Act 18 and Rule 19b–
                                               displayed ranked price. As part of this                                                                           4(f)(6) thereunder.19
                                               instruction, an order entered with a                       which would be possible, for example,
                                               discretionary price would liquidity                        in the event the Exchange were to                         A proposed rule change filed
                                               swap in certain scenarios described in                     introduce a maker/taker market model.                  pursuant to Rule 19b–4(f)(6) under the
                                               Rule 11.6(d), including when trading                       Shortening the order’s discretionary                   Act 20 normally does not become
                                               within the order’s discretionary range                     range in such circumstances is intended                operative for 30 days after the date of its
                                               against an incoming order that is                          to avoid the discretionary range                       filing. However, Rule 19b–4(f)(6)(iii) 21
                                               entered with a TIF other than IOC or                       extending past the contra-side order’s                 permits the Commission to designate a
                                               FOK. The Exchange believes that this                       limit price, which could create a price                shorter time if such action is consistent
                                               result is undesirable under an inverted                    priority issue should a later order be                 with the protection of investors and the
                                               fee structure since the order that is                      entered and be eligible to execute                     public interest. The Exchange has
                                               negatively impacted by the swap from a                     against the resting order within its                   requested that the Commission waive
                                               rebate to a fee is the incoming order,                     discretionary range but at a price that                the 30-day operative delay so that the
                                               and not the resting order that has opted                   extends beyond the contra-side order                   proposed rule change may become
                                               into this handling by including a                          with a Post Only instruction. As                       operative upon filing. Waiver of the
                                               Discretionary Range instruction.                                                                                  operative delay would allow the
                                                                                                          mentioned in the purpose section of this
                                               Furthermore, this issue would be                                                                                  Exchange to immediately amend its
                                               exacerbated under the new high                             proposed rule change, similar behavior
                                                                                                          is already implemented for MDOs on                     rules to change its handling of orders
                                               inverted fee structure since the
                                                                                                          EDGX.17                                                entered with a Discretionary Range
                                               difference between the base fee for
                                                                                                                                                                 instruction so that such orders, when
                                               adding liquidity and base rebate for                       B. Self-Regulatory Organization’s
                                               removing liquidity is now $0.0054 per                                                                             resting, no longer may liquidity swap
                                                                                                          Statement on Burden on Competition                     with incoming orders with which they
                                               share. The Exchange therefore believes
                                               that eliminating the possibility of this                      The Exchange does not believe that                  execute. The Exchange believes that
                                               liquidity swap is consistent with the                      the proposed rule change would impose                  eliminating this potential for a liquidity
                                               public interest and the protection of                      any burden on competition that is not                  swap would be more consistent with the
                                               investors.                                                 necessary or appropriate in furtherance                expectation of Exchange participants
                                                  With this change no resting orders on                   of the purposes of the Act. The                        who submit orders that trade on entry
                                               EDGA would liquidity swap with an                          proposed rule change is designed to                    and, in light of the Exchange’s inverted
                                               incoming order, thereby ensuring that                      eliminate the possibility that a liquidity             fee structure, may expect to receive a
                                               the incoming order would be the taker                                                                             rebate for such executions instead of
                                                                                                          swap could cause an incoming order
                                               of liquidity, and paid the applicable                                                                             incurring a fee due to a liquidity swap.
                                                                                                          that was expecting to receive a rebate as
                                               rebate rather than charged an                                                                                     The Exchange also believes that waiver
                                                                                                          a remover of liquidity to instead pay a
                                               unexpected fee. Although certain other                                                                            of the operative delay will reduce the
                                               order instructions offered by the                          fee. The Exchange believes that the
                                                                                                                                                                 possibility that Exchange participants
                                               Exchange (e.g., Super Aggressive and                       proposed handling accords with the
                                                                                                                                                                 are inadvertently disadvantaged by a
                                               Non-Displayed Swap) 16 contain a                           expectation of its Users when sending
                                                                                                                                                                 recent Exchange fee schedule change
                                               liquidity swap component, those order                      order flow to EDGA, which operates
                                                                                                                                                                 introducing higher fees and rebates. For
                                               instructions do not liquidity swap under                   under an inverted fee model that
                                                                                                                                                                 these reasons, the Commission believes
                                               an inverted fee structure where a Post                     generally incentivizes marketable order
                                                                                                                                                                 that waiver of the 30-day operative
                                               Only order would always remove                             flow that removes liquidity on entry.
                                                                                                                                                                 delay is consistent with the protection
                                               liquidity on entry. The Exchange                           The Exchange therefore believes that the
                                                                                                                                                                 of investors and the public interest.
                                               believes that amending its order                           proposed rule change would promote a
                                                                                                                                                                 Accordingly, the Commission hereby
                                               handling, as proposed, to ensure a                         fair and competitive market in securities              waives the operative delay and
                                               similar result in cases that involve the                   traded on EDGA.
                                               Discretionary Range instruction would
                                                                                                          C. Self-Regulatory Organization’s                        18 15  U.S.C. 78s(b)(3)(A).
                                               promote just and equitable principles of                                                                            19 17  CFR 240.19b–4(f)(6). As required under Rule
                                                                                                          Statement on Comments on the
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                                               trade.                                                                                                            19b–4(f)(6)(iii), the Exchange provided the
                                                  Finally, the Exchange believes that                     Proposed Rule Change Received From                     Commission with written notice of its intent to file
                                               the proposed operation of the                              Members, Participants, or Others                       the proposed rule change, along with a brief
                                                                                                                                                                 description and the text of the proposed rule
                                               Discretionary Range instruction where
                                                                                                            No comments were solicited or                        change, at least five business days prior to the date
                                               an order with a Post Only instruction                                                                             of filing of the proposed rule change, or such
                                                                                                          received on the proposed rule change.
                                                                                                                                                                 shorter time as designated by the Commission.
                                                 15 15   U.S.C. 78f(b)(5).                                                                                         20 17 CFR 240.19b–4(f)(6).
                                                 16 See   Rule 11.6(n)(2), (n)(7).                          17 See   note 13 supra.                                21 17 CFR 240.19b–4(f)(6)(iii).




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                                               62936                      Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices

                                               designates the proposed rule change                     Washington, DC 20549 on official                      structure; 3 (b) make conforming cross-
                                               operative upon filing.22                                business days between the hours of                    reference changes throughout the
                                                  At any time within 60 days of the                    10:00 a.m. and 3:00 p.m. Copies of the                Rulebook; and (c) amend the Equity 4’s
                                               filing of the proposed rule change, the                 filing also will be available for                     title in the shell structure.
                                               Commission summarily may                                inspection and copying at the principal                  The text of the proposed rule change
                                               temporarily suspend such rule change if                 office of the Exchange. All comments                  is available on the Exchange’s website at
                                               it appears to the Commission that such                  received will be posted without change.               http://nasdaq.cchwallstreet.com, at the
                                               action is necessary or appropriate in the               Persons submitting comments are                       principal office of the Exchange, and at
                                               public interest, for the protection of                  cautioned that we do not redact or edit               the Commission’s Public Reference
                                               investors, or otherwise in furtherance of               personal identifying information from                 Room.
                                               the purposes of the Act. If the                         comment submissions. You should
                                               Commission takes such action, the                       submit only information that you wish                 II. Self-Regulatory Organization’s
                                               Commission shall institute proceedings                  to make available publicly. All                       Statement of the Purpose of, and
                                               to determine whether the proposed rule                  submissions should refer to File                      Statutory Basis for, the Proposed Rule
                                               change should be approved or                            Number SR–CboeEDGA–2018–019, and                      Change
                                               disapproved.                                            should be submitted on or before                        In its filing with the Commission, the
                                               IV. Solicitation of Comments                            December 26, 2018.                                    Exchange included statements
                                                                                                         For the Commission, by the Division of              concerning the purpose of and basis for
                                                 Interested persons are invited to                     Trading and Markets, pursuant to delegated            the proposed rule change and discussed
                                               submit written data, views, and                         authority.23                                          any comments it received on the
                                               arguments concerning the foregoing,                     Eduardo A. Aleman,                                    proposed rule change. The text of these
                                               including whether the proposed rule                                                                           statements may be examined at the
                                                                                                       Assistant Secretary.
                                               change is consistent with the Act.                                                                            places specified in Item IV below. The
                                                                                                       [FR Doc. 2018–26399 Filed 12–4–18; 8:45 am]
                                               Comments may be submitted by any of                                                                           Exchange has prepared summaries, set
                                                                                                       BILLING CODE 8011–01–P
                                               the following methods:                                                                                        forth in sections A, B, and C below, of
                                               Electronic Comments                                                                                           the most significant aspects of such
                                                  • Use the Commission’s internet                      SECURITIES AND EXCHANGE                               statements.
                                               comment form (http://www.sec.gov/                       COMMISSION                                            A. Self-Regulatory Organization’s
                                               rules/sro.shtml); or                                    [Release No. 34–84684; File No. SR–                   Statement of the Purpose of, and
                                                  • Send an email to rule-comments@                    NASDAQ–2018–098]                                      Statutory Basis for, the Proposed Rule
                                               sec.gov. Please include File Number SR–                                                                       Change
                                               CboeEDGA–2018–019 on the subject                        Self-Regulatory Organizations; The
                                               line.                                                   Nasdaq Stock Market LLC; Notice of                    1. Purpose
                                                                                                       Filing and Immediate Effectiveness of                    The Exchange proposes to (a) relocate
                                               Paper Comments                                          Proposed Rule Change To Relocate                      the Equities and Options Pricing rules,
                                                  • Send paper comments in triplicate                  the Exchange’s Pricing Schedule                       currently under the Equities Rule 7000
                                               to Secretary, Securities and Exchange                                                                         Series and Options Chapter XV of the
                                               Commission, 100 F Street NE,                            November 29, 2018.
                                                                                                          Pursuant to Section 19(b)(1) of the                NOM rules, into the Rulebook’s shell
                                               Washington, DC 20549–1090.                                                                                    structure, respectively, under Equity 7
                                               All submissions should refer to File                    Securities Exchange Act of 1934
                                                                                                       (‘‘Act’’),1 and Rule 19b–4 thereunder,2               and Options 7 (both named ‘‘Pricing
                                               Number SR–CboeEDGA–2018–019. This                                                                             Schedule’’); (b) make conforming cross-
                                               file number should be included on the                   notice is hereby given that on November
                                                                                                       19, 2018, The Nasdaq Stock Market LLC                 reference changes throughout the
                                               subject line if email is used. To help the                                                                    Rulebook; and (c) amend the Equity 4’s
                                               Commission process and review your                      (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the
                                                                                                       Securities and Exchange Commission                    title, ‘‘Equity Listing Rules,’’ in the shell
                                               comments more efficiently, please use                                                                         structure, as detailed below.
                                               only one method. The Commission will                    (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                               post all comments on the Commission’s                   rule change as described in Items I and               (a) Relocation of the Pricing Rules
                                               internet website (http://www.sec.gov/                   II, below, which Items have been
                                                                                                                                                                The Exchange, as part of its continued
                                               rules/sro.shtml). Copies of the                         prepared by the Exchange. The
                                                                                                                                                             effort to promote efficiency and the
                                               submission, all subsequent                              Commission is publishing this notice to
                                                                                                                                                             conformity of its processes with those of
                                               amendments, all written statements                      solicit comments on the proposed rule
                                                                                                                                                             the Affiliated Exchanges,4 and the goal
                                               with respect to the proposed rule                       change from interested persons.
                                                                                                                                                             of harmonizing and uniformizing its
                                               change that are filed with the                          I. Self-Regulatory Organization’s                     rules, proposes to relocate the Equities
                                               Commission, and all written                             Statement of the Terms of Substance of                Pricing rules, currently under the Rule
                                               communications relating to the                          the Proposed Rule Change                              7000 Series, into Equity 7, Pricing
                                               proposed rule change between the                           The Exchange proposes to (a) relocate              Schedule, of the shell structure.
                                               Commission and any person, other than                   its current Rule 7000 Series (‘‘Equities              Specifically, the Exchange will add the
                                               those that may be withheld from the                     Pricing’’), entitled ‘‘Charges for                    word ‘‘Section’’ and renumber the
                                               public in accordance with the                           Membership, Services, and Equipment,’’
                                               provisions of 5 U.S.C. 552, will be                     and The Nasdaq Options Market LLC’s
                                                                                                                                                                3 In 2017, the Exchange added a shell structure to

                                               available for website viewing and                                                                             its Rulebook with the purpose of improving
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                                                                                                       (‘‘NOM’’) rules at Chapter XV (‘‘Options              efficiency and readability and to align its rules
                                               printing in the Commission’s Public                     Pricing’’; together, ‘‘Equities and                   closer to those of its five sister exchanges, The
                                               Reference Room, 100 F Street NE,                        Options Pricing’’) to the Exchange’s                  Nasdaq Stock Market LLC; Nasdaq PHLX LLC;
                                                                                                                                                             Nasdaq ISE, LLC; Nasdaq GEMX, LLC; and Nasdaq
                                                  22 For purposes only of waiving the 30-day
                                                                                                       rulebook’s (‘‘Rulebook’’) shell                       MRX, LLC (‘‘Affiliated Exchanges’’). See Securities
                                               operative delay, the Commission also has                                                                      Exchange Act Release No. 82174 (November 29,
                                                                                                         23 17 CFR 200.30–3(a)(12).
                                               considered the proposed rule’s impact on                                                                      2017), 82 FR 57492 (December 5, 2017) (SR–BX–
                                                                                                         1 15 U.S.C. 78s(b)(1).                              2017–054).
                                               efficiency, competition, and capital formation. See
                                               15 U.S.C. 78c(f).                                         2 17 CFR 240.19b–4.                                    4 See footnote 3.




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Document Created: 2018-12-05 02:36:06
Document Modified: 2018-12-05 02:36:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 62933 

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