83_FR_64637 83 FR 64397 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To Amend Its Provision Related to Its Risk Monitor Mechanism

83 FR 64397 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To Amend Its Provision Related to Its Risk Monitor Mechanism

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 240 (December 14, 2018)

Page Range64397-64401
FR Document2018-27085

Federal Register, Volume 83 Issue 240 (Friday, December 14, 2018)
[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Notices]
[Pages 64397-64401]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-27085]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84777; File No. SR-CboeBZX-2018-086]


Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Relating 
To Amend Its Provision Related to Its Risk Monitor Mechanism

December 10, 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 29, 2018, Cboe BZX Exchange, Inc. (the ``Exchange'' or 
``BZX'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, 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 BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') proposes to 
amend its provision related to its Risk Monitor Mechanism. The text of 
the proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the 
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 21.16 which governs the Risk 
Monitor Mechanism.

Background

    By way of background, the Risk Monitor Mechanism providers Users 
\5\ with the ability to manage their order and execution risk. 
Particularly, Rule 21.16 provides that the System will maintain a 
counting program for each User. A User may configure a single counting 
program or multiple counting programs to govern its trading activity 
(i.e., on a per port basis). The counting program counts executions, 
contract volume and notional value, within a specified time period 
established by each User (``specified time period'') and on an absolute 
basis for the trading day (``absolute limits''). The specified time 
period will commence for an option when a transaction occurs in any 
series in such option. The counting program will also count a User's 
executions, contract volume and notional value across all options which 
a User trades (``Firm Category''). When the system determines that a 
User's Specified Engagement Trigger (i.e., a volume trigger, notional 
trigger, count trigger and percentage trigger) has reached its 
established limit, the Risk Monitor Mechanism cancels or rejects such 
User's orders or quotes \6\ in all series of the class and cancels or 
rejects any additional orders or quotes from the User in the class 
until the counting program resets.
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    \5\ See Exchange Rule 1.5(ee). The term ``User'' means any 
Member or Sponsored Participant who is authorized to obtain access 
to the System pursuant to Rule 11.3. As discussed below, the 
Exchange is proposing to replace references to ``Users'' in Rule 
21.16 with ``Member''.
    \6\ See infra discussion accompanying footnotes 6-7 [sic].
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Proposed Rule Change

    The Exchange proposes to amend Rule 21.16 to (i) adopt the Risk 
Monitor Mechanism rule language used by its affiliated exchange, Cboe 
C2 Exchange, Inc. (``C2'') (ii) provide the ability for Users [sic] to 
configure limits applicable to a group of EFIDs, and (iii) adopt a new 
a new risk parameter.

Rule Harmonization

    First, the Exchange proposes to harmonize its Risk Monitor 
Mechanism Rule to that of its affiliated Exchange, C2. Particularly, C2 
Rule 6.14 governs, among other things, its Risk Monitor Mechanism 
functionality. The Exchange notes the functionality of the Risk Monitor 
Mechanism is substantively the same as the Risk Monitor Mechanism on 
BZX. Indeed, the Exchange notes that C2 just recently adopted Rule 6.14 
in connection with the technology migration of C2 onto the options 
platform of EDGX, and at such time conformed its previous Risk Monitor 
Mechanism functionality to the functionality that already existed on 
BZX.\7\ Although the functionality is substantively the same, the rule 
structure and terminology used in the BZX and C2 rules differ. The 
Exchange wishes to provide harmonization with respect to this rule 
across the two exchanges and accordingly proposes to

[[Page 64398]]

conform BZX Rule 21.16 to C2 Rule 6.14(c)(5) (i.e., delete current Rule 
21.16 in its entirety with the exception of subparagraphs (d) and (e), 
which will be relocated as described below, and adopt in whole the 
language from the relevant provisions of C2 Rule 6.14).\8\ As noted 
above, the Exchange is also proposing substantive enhancements to its 
current functionality, which is described further below. The Exchange 
notes that C2 is simultaneously proposing the same Risk Monitor 
Mechanism enhancements and those enhancements are included in the new 
proposed conformed rule language.
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    \7\ See Securities Exchange Act Release No. 83214 (May 11, 
2018), 83 FR 22796 (May 16, 2018) (SR-C2-2018-005).
    \8\ The Exchange notes that it is not proposing to adopt 
subparagraph (c)(5)(E) of C2 Rule 6.14 as such provision relates to 
complex orders, which functionality the Exchange currently does not 
offer.
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    First, the Exchange notes that proposed Rule 21.16 will not use the 
term ``User'', and instead will use the term ``Member''.\9\ The 
Exchange notes that the definition of User is broader than Member, as 
it specifically captures Sponsored Participants. The Exchange believes 
``Member'' is the more appropriate term to use with respect to the Risk 
Monitor Mechanism as the rule describes how the functionality works 
with respect to Members, and not necessarily Sponsored Participants. 
The Exchange notes that it currently does not have any Sponsored 
Participants, and to the extent it expects to have any in the future, 
it will revise the rule as needed to incorporate how the Risk Monitor 
Mechanism would function with respect to Sponsored Participants. The 
Exchange notes that ``User'' will be referred to herein as ``Member''.
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    \9\ See Exchange Rule 1.5(n). The term ``Member'' shall mean any 
registered broker or dealer that has been admitted to membership in 
the Exchange. A Member will have the status of a ``member'' of the 
Exchange as that term is defined in Section 3(a)(3) of the Act. 
Membership may be granted to a sole proprietor, partnership, 
corporation, limited liability company or other organization which 
is a registered broker or dealer pursuant to Section 15 of the Act, 
and which has been approved by the Exchange. The Exchange notes that 
corresponding C2 Rule 6.14(c)(5) will use the term ``TPH'', as 
``Member'' is not a defined term used by C2.
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    Next, in connection with adopting C2's Risk Monitor Mechanism Rule 
language, the Exchange notes that it will be eliminating the term 
``class'' and replacing it with ``underlying''. Specifically, the 
Exchange notes that the Risk Monitor Mechanism is configured to count 
the risk parameters (referred to as ``Specified Engagement Triggers'' 
in current BZX Rule 21.16) across underlying securities or indexes. As 
an example, any option related to Apple (AAPL), would be considered to 
have the same underlying. Accordingly, if a corporate action resulted 
in AAPL1, AAPL and APPL1 one [sic] would be considered to share the 
same underlying symbol AAPL. Only a single symbol-level rule for 
underlying AAPL would be configurable by the Risk Monitor Mechanism. 
The Exchange notes that the term ``underlying'' is also utilized in the 
Exchange's technical specification documents. The Exchange therefore 
believes underlying is a more accurate term to use.
    The Exchange also intends to clarify and codify in the new rule 
language what occurs in the event a Member does not reactivate its 
ability to send quotes or orders after its configured risk parameter 
limits have been reached. Currently, BZX Rule 21.16 explains how a 
Member may reset its counting periods. The proposed rule language 
includes a provision that provides that if the Exchange cancels all of 
a Member's quotes and orders resting in the Book, and the Member does 
not reactivate its ability to send quotes or orders, the block will be 
in effect only for the trading day that the Member reached its limits. 
The Exchange notes this is not a substantive change, but rather is 
current practice, and that its affiliated Exchange, Cboe Options, 
includes similar language in its rules.\10\ The Exchange believes 
adding this provision to the rules provides further transparency in its 
rules and reduces potential confusion as to what would happen in the 
situation where a Member fails to reset the counting program.
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    \10\ See Cboe Options Rule 8.18.
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    In connection with adopting C2's Risk Monitor Mechanism Rule 
language, the Exchange also proposes to include language regarding a 
reset limit. Particularly, C2 Rule 6.14(c)(5)(d)(iii) [sic] (which will 
be renumbered to C2 Rule 6.14(c)(5)(d)(iv) [sic]) provides that the 
Exchange may restrict the number of Member underlying, EFID and EFID 
Group resets per second. The Exchange believes adding this provision to 
its rules provides transparency in the rules that the Exchange can 
impose such a restriction. The Exchange notes this is not a substantive 
change, but rather current practice.
    In connection with the harmonization of C2 Rue [sic] 6.14, the 
Exchange notes that certain terminology is also changing. For example, 
current BZX Rule 21.16, provides that the counting program counts a 
Member's executions, contract volume and notional value across all 
options which a Member trades (``Firm Category''). Going forward, this 
concept will be restated to provide generally that the System will 
count the risk parameters across all underlyings of an EFID (``EFID 
limit''). The Exchange reiterates the concept is the same, but the 
language conforms to C2 rules and makes the rule easier to read.
    The Exchange also proposes to adopt a definition of EFID as it 
proposes to reference EFIDs in proposed BZX Rule 21.16. Particularly, 
the Exchange proposes to add Rule 21.1(k) to define and describe EFIDs. 
Specifically, a Member may obtain one or more EFIDs from the Exchange 
(in a form and manner determined by the Exchange). The Exchange assigns 
an EFID to a Member, which the System uses to identify the Member and 
clearing number for the execution of orders and quotes submitted to the 
System with that EFID.\11\ Each EFID corresponds to a single Member and 
a single clearing number of a Clearing Member with the Clearing 
Corporation. A Member may obtain multiple EFIDs, which may be for the 
same or different clearing numbers. A Member may only identify for any 
of its EFIDs the clearing number of a Clearing Member that is a 
Designated Give Up or Guarantor of the Trading Permit Holder as set 
forth in Rule 21.12. [sic] A Member is able (in a form and manner 
determined by the Exchange) to designate which of its EFIDs may be used 
for each of its ports. If a Member submits an order or quote through a 
port with an EFID not enabled for that port, the System cancels or 
rejects the order or quote. The proposed rule change regarding EFIDs is 
not a substantive change but rather codifies current functionality and 
mirrors current C2 Rule 6.8(b). The Exchange believes including a 
description of the use of EFIDs in the Rules adds transparency to the 
Rules.
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    \11\ The Exchange notes that currently EDGX's [sic] rules refer 
only to the term ``MPID'', which is a Member's market participant 
identifier used for equities trading. The Exchange does not utilize 
MPIDs on its options platform and uses EFIDS instead. EFIDS are 
generally equivalent to MPIDs.
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    The Exchange also notes that the new harmonized rule language 
incorporates the use of the term ``quote'' and ``quotes''.\12\ 
Currently, however, when describing what happens when a Specified 
Engagement Trigger is reached, Rule 21.16(b)(i) only references what 
happens to a Member's ``orders''. The Exchange notes however, that the 
term ``order'' as is used in Rule 21.16 was intended to capture both 
orders and quotes. Particularly, an ``order'' is defined as a firm 
commitment to buy or sell option contracts submitted to the System by a 
Member, and a ``quote'' is defined as a bid or offer entered by a 
Market-Maker as a firm order that updates the Market-Maker's previous

[[Page 64399]]

bid or offer, if any.\13\ Indeed, the Exchange notes that the proposed 
reference to ``quote'' and ``quotes'' is not a substantive change to 
how the Risk Monitor Mechanism currently works or will work going 
forward. Accordingly, the Exchange believes incorporating the term 
``quote'' and ``quotes'' alleviates confusion and better reflects how 
the Risk Monitor Mechanism operates (i.e., both orders and quotes, as 
defined, can be affected). Similarly, the Exchange believes the 
proposal to eliminate the references to a ``User's order size'', 
``Market-Maker's quote size'' and ``displayed and non-displayed size'', 
with respect to how the percentage trigger is calculated is not a 
substantive change. The Exchange notes the trigger is calculated the 
same on BZX and C2, and although proposed BZX Rule 21.16(a)(iv) doesn't 
reference orders and Market-Maker quotes in particular, the calculation 
will not be changing and the Exchange doesn't believe a reference to 
orders and Market-Maker quote size in particular under this provision 
is necessary. Similarly, the Exchange does not believe maintaining a 
reference to ``displayed'' and ``non-displayed'' size is necessary, as 
the Exchange believes the proposed language is broad enough to capture 
both types of orders. The Exchange also reiterates the absence of such 
references is not a substantive change and the calculation of the 
percentage trigger is not changing.
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    \12\ See subparagraph (b), (c) and (d) of proposed EDGX [sic] 
Rule 21.16.
    \13\ See BZX Rules 16.1(a)(42) and (51) and 21.1(c).
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    As noted above, the Exchange is not proposing to eliminate 
subparagraphs (d) or (e) of current BZX Rule 21.16, but rather relocate 
these provisions. The Exchange proposes to first relocate the contents 
of current subparagraph (d) to new subparagraph (d)(vi) of proposed BZX 
Rule 21.16 and clarify that the proposed provision governs ``other 
resets'' (i.e., resets that are not a result from a limit being 
reached).\14\ Particularly, the provision provides the System will 
reset the counting period for absolute limits when a Member refreshes 
its risk limit thresholds. The System will also reset the counting 
program and commence a new specified time period when (i) a previous 
specified time period has expired and a transaction occurs in any 
series of an underlying or (ii) a Member refreshes its risk limit 
thresholds prior to the expiration of the specified time period. The 
Exchange proposes to keep this language as it provides transparency in 
the rules as to when other resets occur without limits being reached. 
Lastly, the Exchange notes that that current subparagraph (e) will be 
included under subparagraph (e) of the new proposed Rule 21.16. 
Particularly, ``new'' subparagraph (e) provides that a Member may also 
engage the Risk Monitor Mechanism to cancel resting bids and offers, as 
well as subsequent orders as set forth in BZX Rule 22.11.\15\
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    \14\ The Exchange notes that C2 is also proposing to add this 
provision to its C2 Rule 6.14 in order to provide further 
transparency in its rules governing the Risk Monitor Mechanism.
    \15\ The Exchange notes that C2 is proposing to also add this 
provision to its C2 Rule 6.14 in order to provide further 
transparency in its rules governing the Risk Monitor Mechanism.
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EFID Groups

    The Exchange next proposes to provide in the rules that in addition 
to underlying limits and EFID limits, the System will be able to count 
each of the risk parameters across all underlyings for a group of EFIDs 
(``EFID Group'')(``EFID Group limit'').\16\ Similar to when a 
underlying limit or EFID limit are reached, when a Member's EFID Group 
limit is reached, the Risk Monitor Mechanism will cancel or reject such 
Member's orders or quotes in all underlying and cancel or reject any 
additional orders or quotes from any EFID within that EFID Group in all 
underlyings until the counting program resets. The System will not 
accept new orders or quotes from any EFID within an EFID Group after an 
EFID Group limit is reached until the Member manually notifies the 
Trade Desk to reset the counting program for the EFID Group, unless the 
Member instructs the Exchange to permit it to reset the counting 
program by submitting an electronic message to the System. The Exchange 
believes each Member is in the best position to determine risk settings 
appropriate for its firm based on its trading activity and business 
needs and that it may be based on a single EFID or EFID Group(s). The 
Exchange notes that its affiliate Exchange, Cboe Exchange, Inc. (``Cboe 
Options'') similarly allows its members to set similar risk parameters 
at the acronym-level (which is similar to an EFID) or firm level 
(similar to an EFID Group).\17\
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    \16\ An EFID may not belong to more than one EFID Group. The 
Exchange notes that the Members determine how many, if any, EFID 
Groups to establish and determine which EFIDs belong to a particular 
EFID Group, if any.
    \17\ See Cboe Options Rule 8.18.
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New Risk Parameter

    The Exchange lastly proposes to adopt a new risk parameter. 
Specifically, under the proposed functionality, a Member may specify a 
maximum number of times that the risk parameters (i.e., volume, 
notional, count and/or percentage) are reached over a specified 
interval or absolute period (``risk trips''). When a risk trip limit 
has been reached, the Risk Monitor Mechanism will cancel or reject a 
Member's orders or quotes pursuant to subparagraph (b) of Rule 21.16. 
The Exchange notes that a similar risk parameter (i.e., a parameter 
based on the number of risk ``incidents'' that occur over a specified 
time) is available on its affiliate Exchange, Cboe Options.\18\ The 
Exchange believes the proposed changes to its Risk Monitor Mechanism 
rule sufficiently allows Members to adjust and adopt parameter inputs 
in accordance with their business models and risk management needs.
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    \18\ See Cboe Options Rule 8.18, which provides that a Hybrid 
Market Maker or a TPH Organization may specify a maximum number of 
Quote Risk Monitor Mechanism (``QRM'') QRM Incidents on an Exchange-
wide basis.
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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.\19\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \20\ 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) \21\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \19\ 15 U.S.C. 78f(b).
    \20\ 15 U.S.C. 78f(b)(5).
    \21\ Id.
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    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.\22\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \23\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable

[[Page 64400]]

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) \24\ requirement that the rules of an exchange not be designed 
to permit unfair discrimination between customers, issuers, brokers, or 
dealers.
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    \22\ 15 U.S.C. 78f(b).
    \23\ 15 U.S.C. 78f(b)(5).
    \24\ Id.
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    First, the Exchange believes its proposal to harmonize Rule 21.16 
to C2 Rule 6.14 provides uniformity across affiliated exchange rules 
that govern the same functionality and makes the rule easier to read, 
which reduces potential confusion. The Exchange also proposes to mirror 
C2 Rule 6.14 because it believes consistent rules will increase the 
understanding of the Exchange's operations for Members that are also 
participants on C2. As discussed above, notwithstanding the proposal to 
adopt new terminology and/or the absence of certain references, the 
Exchange intends no substantive changes to the meaning or application 
of Rule 21.16 other than what is described above with respect to EFID 
Groups and the new risk trips parameter. Particularly, the Exchange 
believes the adoption of the definition of ``EFID'' provides 
transparency in the rules and alleviates confusion, as the Exchange 
references EFIDs multiple times throughout proposed Rule 21.16 and 
utilizes EFIDs generally on the Exchange with respect to its options 
platform. The Exchange notes the proposed definition is substantively 
the same as the definition of EFIDs under C2's rules.\25\ The Exchange 
believes the use of ``quote'' and ``quotes'' also alleviates confusion 
as the current Risk Monitor Mechanism in fact affects both orders and 
quotes, as defined, and was intended to cover both a Member's orders 
and Market Maker quotes. Similarly, the Exchange believes using the 
term ``underlying'' instead of ``class'' and ``Member'' instead of 
``user'' alleviates potential confusion as the proposed terms more 
accurately reflect how the Risk Monitor Mechanism operates.
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    \25\ See C2 Rule 6.8(b). The Exchange notes that proposed Rule 
21.1(k)(2) does not include a cross reference to a rule regarding 
Designated Give Ups and Guarantors as BZX rules do not have a 
similar corresponding rule as C2 Rule 6.30.
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    The Exchange believes the rule changes to codify current practice 
alleviates potential confusion, provides transparency in the rules and 
makes the rules easier to read. For example, providing language 
regarding (i) a Member's failure to reset or initiate a reset of the 
counting program and (ii) the Exchange's ability to restrict resets, 
provides transparency in the rules as to what occurs in those 
situations, harmonizes rule language with that of the Exchange's 
affiliated Exchanges, and reduces potential confusion. The alleviation 
of confusion removes impediments to, and perfects the mechanism of, a 
free and open market and a national market system, and, in general, 
protects investors and the public interest.
    The Exchange believes providing Members the ability to configure 
certain risk parameters across underlyings for an EFID Group is also 
appropriate because it permits a Member to protect itself from 
inadvertent exposure to excessive risk on an additional level (i.e., on 
an EFID group-level, not just underlying- or EFID-level). Reducing such 
risk will enable Members to enter quotes and orders with protection 
against inadvertent exposure to excessive risk, which in turn will 
benefit investors through increased liquidity for the execution of 
their orders. Such increased liquidity benefits investors because they 
may receive better prices and because it may lower volatility in the 
options market. The Exchange also believes each Member is in the best 
position to determine risk settings appropriate for its firm based on 
its trading activity and business needs and that that may be based on 
an EFID Group(s). Additionally, as discussed above, Cboe Options 
similarly allows its members to set risk parameters at the acronym-
level (which is similar to an EFID) or firm-level (similar to an EFID 
Group).\26\
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    \26\ See Cboe Options Rule 8.18.
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    Lastly, the Exchange believes the proposal to adopt the new risk 
parameter based on number of times a risk parameter or group of risk 
parameters are reached will provide Members with an additional tool for 
managing risks. Furthermore, as noted above, the Exchange's affiliated 
exchange offers similar functionality.\27\ Overall, the proposed rule 
change provides Members more protections that reduce the risks from 
potential system errors and market events. As a result, the proposed 
changes, including the new risk parameter for the Risk Monitor 
Mechanism, have the potential to promote just and equitable principles 
of trade. Additionally, the proposed changes apply to all Members.
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    \27\ See Cboe Options Rule 8.18.
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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. Rather, the Exchange 
believes that the proposed changes with respect to its Risk Monitor 
Mechanism help promote fair and orderly markets and provide clarity and 
transparency the Rule. For example, the proposed rule change adds an 
additional risk control parameter and flexibility to help further 
prevent potentially erroneous executions, which benefits all market 
participants. The proposed changes apply uniformly to all Members and 
the Exchange notes that the proposed changes apply to all quotes and 
orders in the same manner. Additionally, the Exchange does not believe 
that the proposed rule change will impose any burden on intermarket 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act because the proposed enhancements apply only to 
trading on the Exchange. Additionally, the Exchange notes that it is 
voluntary for the Members to determine whether to make use of the new 
enhancements of the Risk Monitor Mechanism. To the extent that the 
proposed changes may make the Exchange a more attractive trading venue 
for market participants on other exchanges, such market participants 
may elect to become Exchange market participants.

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:
    A. significantly affect the protection of investors or the public 
interest;
    B. impose any significant burden on competition; and
    C. 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

[[Page 64401]]

Act \28\ and Rule 19b-4(f)(6) thereunder.\29\
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    \28\ 15 U.S.C. 78s(b)(3)(A).
    \29\ 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 pursuant to Rule 19b-4(f)(6) under the 
Act \30\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \31\ 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 to provide 
Members with additional tools and greater flexibility for managing 
their potential risk as soon as possible. Accordingly, 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 operative delay and designates the 
proposal as operative upon filing.\32\
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    \30\ 17 CFR 240.19b-4(f)(6).
    \31\ 17 CFR 240.19b-4(f)(6)(iii).
    \32\ 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).
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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 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-CboeBZX-2018-086 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-CboeBZX-2018-086. 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-CboeBZX-2018-086 and should be submitted 
on or before January 4, 2019.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\33\
---------------------------------------------------------------------------

    \33\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2018-27085 Filed 12-13-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices                                                64397

                                              internet website (http://www.sec.gov/                   below, which Items have been prepared                 User. A User may configure a single
                                              rules/sro.shtml). Copies of the                         by the Exchange. The Exchange filed the               counting program or multiple counting
                                              submission, all subsequent                              proposal as a ‘‘non-controversial’’                   programs to govern its trading activity
                                              amendments, all written statements                      proposed rule change pursuant to                      (i.e., on a per port basis). The counting
                                              with respect to the proposed rule                       Section 19(b)(3)(A)(iii) of the Act 3 and             program counts executions, contract
                                              change that are filed with the                          Rule 19b–4(f)(6) thereunder.4 The                     volume and notional value, within a
                                              Commission, and all written                             Commission is publishing this notice to               specified time period established by
                                              communications relating to the                          solicit comments on the proposed rule                 each User (‘‘specified time period’’) and
                                              proposed rule change between the                        change from interested persons.                       on an absolute basis for the trading day
                                              Commission and any person, other than                                                                         (‘‘absolute limits’’). The specified time
                                                                                                      I. Self-Regulatory Organization’s
                                              those that may be withheld from the                                                                           period will commence for an option
                                                                                                      Statement of the Terms of Substance of
                                              public in accordance with the                                                                                 when a transaction occurs in any series
                                                                                                      the Proposed Rule Change
                                              provisions of 5 U.S.C. 552, will be                                                                           in such option. The counting program
                                              available for website viewing and                          Cboe BZX Exchange, Inc. (the                       will also count a User’s executions,
                                              printing in the Commission’s Public                     ‘‘Exchange’’ or ‘‘BZX’’) proposes to                  contract volume and notional value
                                              Reference Room, 100 F Street NE,                        amend its provision related to its Risk               across all options which a User trades
                                              Washington, DC 20549 on official                        Monitor Mechanism. The text of the                    (‘‘Firm Category’’). When the system
                                              business days between the hours of                      proposed rule change is provided in                   determines that a User’s Specified
                                              10:00 a.m. and 3:00 p.m. Copies of the                  Exhibit 5.                                            Engagement Trigger (i.e., a volume
                                              filing also will be available for                          The text of the proposed rule change               trigger, notional trigger, count trigger
                                              inspection and copying at the principal                 is also available on the Exchange’s                   and percentage trigger) has reached its
                                              office of NSCC and on DTCC’s website                    website (http://www.cboe.com/                         established limit, the Risk Monitor
                                              (http://dtcc.com/legal/sec-rule-                        AboutCBOE/CBOELegal                                   Mechanism cancels or rejects such
                                              filings.aspx). All comments received                    RegulatoryHome.aspx), at the                          User’s orders or quotes 6 in all series of
                                              will be posted without change. Persons                  Exchange’s Office of the Secretary, and               the class and cancels or rejects any
                                              submitting comments are cautioned that                  at the Commission’s Public Reference                  additional orders or quotes from the
                                              we do not redact or edit personal                       Room.                                                 User in the class until the counting
                                              identifying information from comment                    II. Self-Regulatory Organization’s                    program resets.
                                              submissions. You should submit only                     Statement of the Purpose of, and                      Proposed Rule Change
                                              information that you wish to make                       Statutory Basis for, the Proposed Rule
                                              available publicly. All submissions                                                                              The Exchange proposes to amend
                                                                                                      Change
                                              should refer to File Number SR–NSCC–                                                                          Rule 21.16 to (i) adopt the Risk Monitor
                                              2018–012 and should be submitted on                        In its filing with the Commission, the             Mechanism rule language used by its
                                              or before January 4, 2019.                              Exchange included statements                          affiliated exchange, Cboe C2 Exchange,
                                                                                                      concerning the purpose of and basis for               Inc. (‘‘C2’’) (ii) provide the ability for
                                                For the Commission, by the Division of
                                                                                                      the proposed rule change and discussed                Users [sic] to configure limits applicable
                                              Trading and Markets, pursuant to delegated
                                              authority.25                                            any comments it received on the                       to a group of EFIDs, and (iii) adopt a
                                              Eduardo A. Aleman,
                                                                                                      proposed rule change. The text of these               new a new risk parameter.
                                                                                                      statements may be examined at the
                                              Deputy Secretary.
                                                                                                      places specified in Item IV below. The                Rule Harmonization
                                              [FR Doc. 2018–27081 Filed 12–13–18; 8:45 am]                                                                     First, the Exchange proposes to
                                                                                                      Exchange has prepared summaries, set
                                              BILLING CODE 8011–01–P
                                                                                                      forth in sections A, B, and C below, of               harmonize its Risk Monitor Mechanism
                                                                                                      the most significant aspects of such                  Rule to that of its affiliated Exchange,
                                                                                                      statements.                                           C2. Particularly, C2 Rule 6.14 governs,
                                              SECURITIES AND EXCHANGE                                                                                       among other things, its Risk Monitor
                                              COMMISSION                                              A. Self-Regulatory Organization’s                     Mechanism functionality. The Exchange
                                              [Release No. 34–84777; File No. SR-
                                                                                                      Statement of the Purpose of, and                      notes the functionality of the Risk
                                              CboeBZX–2018–086]                                       Statutory Basis for, the Proposed Rule                Monitor Mechanism is substantively the
                                                                                                      Change                                                same as the Risk Monitor Mechanism on
                                              Self-Regulatory Organizations; Cboe                     1. Purpose                                            BZX. Indeed, the Exchange notes that
                                              BZX Exchange, Inc.; Notice of Filing                                                                          C2 just recently adopted Rule 6.14 in
                                              and Immediate Effectiveness of a                           The Exchange proposes to amend
                                                                                                                                                            connection with the technology
                                              Proposed Rule Change Relating To                        Rule 21.16 which governs the Risk
                                                                                                                                                            migration of C2 onto the options
                                              Amend Its Provision Related to Its Risk                 Monitor Mechanism.
                                                                                                                                                            platform of EDGX, and at such time
                                              Monitor Mechanism                                       Background                                            conformed its previous Risk Monitor
                                              December 10, 2018.                                        By way of background, the Risk                      Mechanism functionality to the
                                                 Pursuant to Section 19(b)(1) of the                  Monitor Mechanism providers Users 5                   functionality that already existed on
                                              Securities Exchange Act of 1934 (the                    with the ability to manage their order                BZX.7 Although the functionality is
                                              ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  and execution risk. Particularly, Rule                substantively the same, the rule
                                              notice is hereby given that on November                 21.16 provides that the System will                   structure and terminology used in the
                                              29, 2018, Cboe BZX Exchange, Inc. (the                  maintain a counting program for each                  BZX and C2 rules differ. The Exchange
                                              ‘‘Exchange’’ or ‘‘BZX’’) filed with the                                                                       wishes to provide harmonization with
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                                              Securities and Exchange Commission                        3 15  U.S.C. 78s(b)(3)(A)(iii).
                                                                                                                                                            respect to this rule across the two
                                              (the ‘‘Commission’’) the proposed rule                    4 17  CFR 240.19b–4(f)(6).                          exchanges and accordingly proposes to
                                                                                                         5 See Exchange Rule 1.5(ee). The term ‘‘User’’
                                              change as described in Items I and II                                                                            6 See infra discussion accompanying footnotes 6–
                                                                                                      means any Member or Sponsored Participant who
                                                                                                      is authorized to obtain access to the System          7 [sic].
                                                25 17 CFR 200.30–3(a)(12).                            pursuant to Rule 11.3. As discussed below, the           7 See Securities Exchange Act Release No. 83214
                                                1 15 U.S.C. 78s(b)(1).                                Exchange is proposing to replace references to        (May 11, 2018), 83 FR 22796 (May 16, 2018) (SR–
                                                2 17 CFR 240.19b–4.                                   ‘‘Users’’ in Rule 21.16 with ‘‘Member’’.              C2–2018–005).



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                                              64398                       Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices

                                              conform BZX Rule 21.16 to C2 Rule                       symbol AAPL. Only a single symbol-                     C2 rules and makes the rule easier to
                                              6.14(c)(5) (i.e., delete current Rule 21.16             level rule for underlying AAPL would                   read.
                                              in its entirety with the exception of                   be configurable by the Risk Monitor                       The Exchange also proposes to adopt
                                              subparagraphs (d) and (e), which will be                Mechanism. The Exchange notes that                     a definition of EFID as it proposes to
                                              relocated as described below, and adopt                 the term ‘‘underlying’’ is also utilized in            reference EFIDs in proposed BZX Rule
                                              in whole the language from the relevant                 the Exchange’s technical specification                 21.16. Particularly, the Exchange
                                              provisions of C2 Rule 6.14).8 As noted                  documents. The Exchange therefore                      proposes to add Rule 21.1(k) to define
                                              above, the Exchange is also proposing                   believes underlying is a more accurate                 and describe EFIDs. Specifically, a
                                              substantive enhancements to its current                 term to use.                                           Member may obtain one or more EFIDs
                                              functionality, which is described further                  The Exchange also intends to clarify                from the Exchange (in a form and
                                              below. The Exchange notes that C2 is                    and codify in the new rule language                    manner determined by the Exchange).
                                              simultaneously proposing the same Risk                  what occurs in the event a Member does                 The Exchange assigns an EFID to a
                                              Monitor Mechanism enhancements and                      not reactivate its ability to send quotes              Member, which the System uses to
                                              those enhancements are included in the                  or orders after its configured risk                    identify the Member and clearing
                                              new proposed conformed rule language.                   parameter limits have been reached.                    number for the execution of orders and
                                                First, the Exchange notes that                        Currently, BZX Rule 21.16 explains how                 quotes submitted to the System with
                                              proposed Rule 21.16 will not use the                    a Member may reset its counting                        that EFID.11 Each EFID corresponds to a
                                              term ‘‘User’’, and instead will use the                 periods. The proposed rule language                    single Member and a single clearing
                                              term ‘‘Member’’.9 The Exchange notes                    includes a provision that provides that
                                                                                                                                                             number of a Clearing Member with the
                                              that the definition of User is broader                  if the Exchange cancels all of a
                                                                                                                                                             Clearing Corporation. A Member may
                                              than Member, as it specifically captures                Member’s quotes and orders resting in
                                                                                                                                                             obtain multiple EFIDs, which may be for
                                              Sponsored Participants. The Exchange                    the Book, and the Member does not
                                                                                                                                                             the same or different clearing numbers.
                                              believes ‘‘Member’’ is the more                         reactivate its ability to send quotes or
                                                                                                                                                             A Member may only identify for any of
                                              appropriate term to use with respect to                 orders, the block will be in effect only
                                                                                                                                                             its EFIDs the clearing number of a
                                              the Risk Monitor Mechanism as the rule                  for the trading day that the Member
                                                                                                                                                             Clearing Member that is a Designated
                                              describes how the functionality works                   reached its limits. The Exchange notes
                                                                                                                                                             Give Up or Guarantor of the Trading
                                              with respect to Members, and not                        this is not a substantive change, but
                                                                                                                                                             Permit Holder as set forth in Rule 21.12.
                                              necessarily Sponsored Participants. The                 rather is current practice, and that its
                                                                                                                                                             [sic] A Member is able (in a form and
                                              Exchange notes that it currently does                   affiliated Exchange, Cboe Options,
                                              not have any Sponsored Participants,                    includes similar language in its rules.10              manner determined by the Exchange) to
                                              and to the extent it expects to have any                The Exchange believes adding this                      designate which of its EFIDs may be
                                              in the future, it will revise the rule as               provision to the rules provides further                used for each of its ports. If a Member
                                              needed to incorporate how the Risk                      transparency in its rules and reduces                  submits an order or quote through a port
                                              Monitor Mechanism would function                        potential confusion as to what would                   with an EFID not enabled for that port,
                                              with respect to Sponsored Participants.                 happen in the situation where a Member                 the System cancels or rejects the order
                                              The Exchange notes that ‘‘User’’ will be                fails to reset the counting program.                   or quote. The proposed rule change
                                              referred to herein as ‘‘Member’’.                          In connection with adopting C2’s Risk               regarding EFIDs is not a substantive
                                                Next, in connection with adopting                     Monitor Mechanism Rule language, the                   change but rather codifies current
                                              C2’s Risk Monitor Mechanism Rule                        Exchange also proposes to include                      functionality and mirrors current C2
                                              language, the Exchange notes that it will               language regarding a reset limit.                      Rule 6.8(b). The Exchange believes
                                              be eliminating the term ‘‘class’’ and                   Particularly, C2 Rule 6.14(c)(5)(d)(iii)               including a description of the use of
                                              replacing it with ‘‘underlying’’.                       [sic] (which will be renumbered to C2                  EFIDs in the Rules adds transparency to
                                              Specifically, the Exchange notes that the               Rule 6.14(c)(5)(d)(iv) [sic]) provides that            the Rules.
                                              Risk Monitor Mechanism is configured                    the Exchange may restrict the number of                   The Exchange also notes that the new
                                              to count the risk parameters (referred to               Member underlying, EFID and EFID                       harmonized rule language incorporates
                                              as ‘‘Specified Engagement Triggers’’ in                 Group resets per second. The Exchange                  the use of the term ‘‘quote’’ and
                                              current BZX Rule 21.16) across                          believes adding this provision to its                  ‘‘quotes’’.12 Currently, however, when
                                              underlying securities or indexes. As an                 rules provides transparency in the rules               describing what happens when a
                                              example, any option related to Apple                    that the Exchange can impose such a                    Specified Engagement Trigger is
                                              (AAPL), would be considered to have                     restriction. The Exchange notes this is                reached, Rule 21.16(b)(i) only references
                                              the same underlying. Accordingly, if a                  not a substantive change, but rather                   what happens to a Member’s ‘‘orders’’.
                                              corporate action resulted in AAPL1,                     current practice.                                      The Exchange notes however, that the
                                              AAPL and APPL1 one [sic] would be                          In connection with the harmonization                term ‘‘order’’ as is used in Rule 21.16
                                              considered to share the same underlying                 of C2 Rue [sic] 6.14, the Exchange notes               was intended to capture both orders and
                                                                                                      that certain terminology is also                       quotes. Particularly, an ‘‘order’’ is
                                                 8 The Exchange notes that it is not proposing to     changing. For example, current BZX                     defined as a firm commitment to buy or
                                              adopt subparagraph (c)(5)(E) of C2 Rule 6.14 as such    Rule 21.16, provides that the counting                 sell option contracts submitted to the
                                              provision relates to complex orders, which
                                              functionality the Exchange currently does not offer.
                                                                                                      program counts a Member’s executions,                  System by a Member, and a ‘‘quote’’ is
                                                 9 See Exchange Rule 1.5(n). The term ‘‘Member’’      contract volume and notional value                     defined as a bid or offer entered by a
                                              shall mean any registered broker or dealer that has     across all options which a Member                      Market-Maker as a firm order that
                                              been admitted to membership in the Exchange. A          trades (‘‘Firm Category’’). Going                      updates the Market-Maker’s previous
                                              Member will have the status of a ‘‘member’’ of the      forward, this concept will be restated to
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                                              Exchange as that term is defined in Section 3(a)(3)
                                              of the Act. Membership may be granted to a sole         provide generally that the System will                   11 The Exchange notes that currently EDGX’s [sic]

                                              proprietor, partnership, corporation, limited           count the risk parameters across all                   rules refer only to the term ‘‘MPID’’, which is a
                                              liability company or other organization which is a      underlyings of an EFID (‘‘EFID limit’’).               Member’s market participant identifier used for
                                              registered broker or dealer pursuant to Section 15                                                             equities trading. The Exchange does not utilize
                                                                                                      The Exchange reiterates the concept is                 MPIDs on its options platform and uses EFIDS
                                              of the Act, and which has been approved by the
                                              Exchange. The Exchange notes that corresponding         the same, but the language conforms to                 instead. EFIDS are generally equivalent to MPIDs.
                                              C2 Rule 6.14(c)(5) will use the term ‘‘TPH’’, as                                                                 12 See subparagraph (b), (c) and (d) of proposed

                                              ‘‘Member’’ is not a defined term used by C2.              10 See   Cboe Options Rule 8.18.                     EDGX [sic] Rule 21.16.



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                                                                          Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices                                                 64399

                                              bid or offer, if any.13 Indeed, the                     without limits being reached. Lastly, the              When a risk trip limit has been reached,
                                              Exchange notes that the proposed                        Exchange notes that that current                       the Risk Monitor Mechanism will cancel
                                              reference to ‘‘quote’’ and ‘‘quotes’’ is not            subparagraph (e) will be included under                or reject a Member’s orders or quotes
                                              a substantive change to how the Risk                    subparagraph (e) of the new proposed                   pursuant to subparagraph (b) of Rule
                                              Monitor Mechanism currently works or                    Rule 21.16. Particularly, ‘‘new’’                      21.16. The Exchange notes that a similar
                                              will work going forward. Accordingly,                   subparagraph (e) provides that a                       risk parameter (i.e., a parameter based
                                              the Exchange believes incorporating the                 Member may also engage the Risk                        on the number of risk ‘‘incidents’’ that
                                              term ‘‘quote’’ and ‘‘quotes’’ alleviates                Monitor Mechanism to cancel resting                    occur over a specified time) is available
                                              confusion and better reflects how the                   bids and offers, as well as subsequent                 on its affiliate Exchange, Cboe
                                              Risk Monitor Mechanism operates (i.e.,                  orders as set forth in BZX Rule 22.11.15               Options.18 The Exchange believes the
                                              both orders and quotes, as defined, can                                                                        proposed changes to its Risk Monitor
                                                                                                      EFID Groups
                                              be affected). Similarly, the Exchange                                                                          Mechanism rule sufficiently allows
                                              believes the proposal to eliminate the                     The Exchange next proposes to                       Members to adjust and adopt parameter
                                              references to a ‘‘User’s order size’’,                  provide in the rules that in addition to               inputs in accordance with their business
                                              ‘‘Market-Maker’s quote size’’ and                       underlying limits and EFID limits, the                 models and risk management needs.
                                              ‘‘displayed and non-displayed size’’,                   System will be able to count each of the
                                                                                                      risk parameters across all underlyings                 2. Statutory Basis
                                              with respect to how the percentage
                                              trigger is calculated is not a substantive              for a group of EFIDs (‘‘EFID                              The Exchange believes the proposed
                                              change. The Exchange notes the trigger                  Group’’)(‘‘EFID Group limit’’).16 Similar              rule change is consistent with the
                                              is calculated the same on BZX and C2,                   to when a underlying limit or EFID limit               Securities Exchange Act of 1934 (the
                                              and although proposed BZX Rule                          are reached, when a Member’s EFID                      ‘‘Act’’) and the rules and regulations
                                              21.16(a)(iv) doesn’t reference orders and               Group limit is reached, the Risk Monitor               thereunder applicable to the Exchange
                                              Market-Maker quotes in particular, the                  Mechanism will cancel or reject such                   and, in particular, the requirements of
                                              calculation will not be changing and the                Member’s orders or quotes in all                       Section 6(b) of the Act.19 Specifically,
                                              Exchange doesn’t believe a reference to                 underlying and cancel or reject any                    the Exchange believes the proposed rule
                                              orders and Market-Maker quote size in                   additional orders or quotes from any                   change is consistent with the Section
                                              particular under this provision is                      EFID within that EFID Group in all                     6(b)(5) 20 requirements that the rules of
                                              necessary. Similarly, the Exchange does                 underlyings until the counting program                 an exchange be designed to prevent
                                              not believe maintaining a reference to                  resets. The System will not accept new                 fraudulent and manipulative acts and
                                                                                                      orders or quotes from any EFID within                  practices, to promote just and equitable
                                              ‘‘displayed’’ and ‘‘non-displayed’’ size
                                                                                                      an EFID Group after an EFID Group                      principles of trade, to foster cooperation
                                              is necessary, as the Exchange believes
                                                                                                      limit is reached until the Member                      and coordination with persons engaged
                                              the proposed language is broad enough
                                                                                                      manually notifies the Trade Desk to                    in regulating, clearing, settling,
                                              to capture both types of orders. The
                                                                                                      reset the counting program for the EFID                processing information with respect to,
                                              Exchange also reiterates the absence of
                                                                                                      Group, unless the Member instructs the                 and facilitating transactions in
                                              such references is not a substantive
                                                                                                      Exchange to permit it to reset the                     securities, to remove impediments to
                                              change and the calculation of the
                                                                                                      counting program by submitting an                      and perfect the mechanism of a free and
                                              percentage trigger is not changing.
                                                                                                      electronic message to the System. The                  open market and a national market
                                                 As noted above, the Exchange is not
                                                                                                      Exchange believes each Member is in                    system, and, in general, to protect
                                              proposing to eliminate subparagraphs                    the best position to determine risk
                                              (d) or (e) of current BZX Rule 21.16, but                                                                      investors and the public interest.
                                                                                                      settings appropriate for its firm based on             Additionally, the Exchange believes the
                                              rather relocate these provisions. The                   its trading activity and business needs
                                              Exchange proposes to first relocate the                                                                        proposed rule change is consistent with
                                                                                                      and that it may be based on a single                   the Section 6(b)(5) 21 requirement that
                                              contents of current subparagraph (d) to                 EFID or EFID Group(s). The Exchange
                                              new subparagraph (d)(vi) of proposed                                                                           the rules of an exchange not be designed
                                                                                                      notes that its affiliate Exchange, Cboe                to permit unfair discrimination between
                                              BZX Rule 21.16 and clarify that the                     Exchange, Inc. (‘‘Cboe Options’’)
                                              proposed provision governs ‘‘other                                                                             customers, issuers, brokers, or dealers.
                                                                                                      similarly allows its members to set                       The Exchange believes the proposed
                                              resets’’ (i.e., resets that are not a result            similar risk parameters at the acronym-
                                              from a limit being reached).14                                                                                 rule change is consistent with the
                                                                                                      level (which is similar to an EFID) or                 Securities Exchange Act of 1934 (the
                                              Particularly, the provision provides the                firm level (similar to an EFID Group).17               ‘‘Act’’) and the rules and regulations
                                              System will reset the counting period
                                                                                                      New Risk Parameter                                     thereunder applicable to the Exchange
                                              for absolute limits when a Member
                                                                                                                                                             and, in particular, the requirements of
                                              refreshes its risk limit thresholds. The                   The Exchange lastly proposes to adopt               Section 6(b) of the Act.22 Specifically,
                                              System will also reset the counting                     a new risk parameter. Specifically,
                                              program and commence a new specified                                                                           the Exchange believes the proposed rule
                                                                                                      under the proposed functionality, a                    change is consistent with the Section
                                              time period when (i) a previous                         Member may specify a maximum
                                              specified time period has expired and a                                                                        6(b)(5) 23 requirements that the rules of
                                                                                                      number of times that the risk parameters               an exchange be designed to prevent
                                              transaction occurs in any series of an                  (i.e., volume, notional, count and/or
                                              underlying or (ii) a Member refreshes its                                                                      fraudulent and manipulative acts and
                                                                                                      percentage) are reached over a specified
                                              risk limit thresholds prior to the                                                                             practices, to promote just and equitable
                                                                                                      interval or absolute period (‘‘risk trips’’).
                                              expiration of the specified time period.                                                                         18 See Cboe Options Rule 8.18, which provides
                                              The Exchange proposes to keep this                        15 The Exchange notes that C2 is proposing to also
                                                                                                                                                             that a Hybrid Market Maker or a TPH Organization
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                                              language as it provides transparency in                 add this provision to its C2 Rule 6.14 in order to     may specify a maximum number of Quote Risk
                                                                                                      provide further transparency in its rules governing
                                              the rules as to when other resets occur                 the Risk Monitor Mechanism.
                                                                                                                                                             Monitor Mechanism (‘‘QRM’’) QRM Incidents on an
                                                                                                        16 An EFID may not belong to more than one EFID
                                                                                                                                                             Exchange-wide basis.
                                                                                                                                                               19 15 U.S.C. 78f(b).
                                                13 See BZX Rules 16.1(a)(42) and (51) and 21.1(c).    Group. The Exchange notes that the Members               20 15 U.S.C. 78f(b)(5).
                                                14 The Exchange notes that C2 is also proposing       determine how many, if any, EFID Groups to
                                                                                                                                                               21 Id.
                                              to add this provision to its C2 Rule 6.14 in order      establish and determine which EFIDs belong to a
                                                                                                      particular EFID Group, if any.                           22 15 U.S.C. 78f(b).
                                              to provide further transparency in its rules
                                              governing the Risk Monitor Mechanism.                     17 See Cboe Options Rule 8.18.                         23 15 U.S.C. 78f(b)(5).




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                                              64400                       Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices

                                              principles of trade, to foster cooperation              transparency in the rules and makes the                trade. Additionally, the proposed
                                              and coordination with persons engaged                   rules easier to read. For example,                     changes apply to all Members.
                                              in regulating, clearing, settling,                      providing language regarding (i) a
                                              processing information with respect to,                 Member’s failure to reset or initiate a                B. Self-Regulatory Organization’s
                                              and facilitating transactions in                        reset of the counting program and (ii)                 Statement on Burden on Competition
                                              securities, to remove impediments to                    the Exchange’s ability to restrict resets,                The Exchange does not believe that
                                              and perfect the mechanism of a free and                 provides transparency in the rules as to               the proposed rule change will impose
                                              open market and a national market                       what occurs in those situations,                       any burden on competition that is not
                                              system, and, in general, to protect                     harmonizes rule language with that of                  necessary or appropriate in furtherance
                                              investors and the public interest.                      the Exchange’s affiliated Exchanges, and
                                              Additionally, the Exchange believes the                                                                        of the purposes of the Act. Rather, the
                                                                                                      reduces potential confusion. The                       Exchange believes that the proposed
                                              proposed rule change is consistent with                 alleviation of confusion removes
                                              the Section 6(b)(5) 24 requirement that                                                                        changes with respect to its Risk Monitor
                                                                                                      impediments to, and perfects the                       Mechanism help promote fair and
                                              the rules of an exchange not be designed                mechanism of, a free and open market
                                              to permit unfair discrimination between                                                                        orderly markets and provide clarity and
                                                                                                      and a national market system, and, in
                                              customers, issuers, brokers, or dealers.                                                                       transparency the Rule. For example, the
                                                                                                      general, protects investors and the
                                                 First, the Exchange believes its                                                                            proposed rule change adds an
                                                                                                      public interest.
                                              proposal to harmonize Rule 21.16 to C2                                                                         additional risk control parameter and
                                              Rule 6.14 provides uniformity across                       The Exchange believes providing                     flexibility to help further prevent
                                              affiliated exchange rules that govern the               Members the ability to configure certain               potentially erroneous executions, which
                                              same functionality and makes the rule                   risk parameters across underlyings for                 benefits all market participants. The
                                              easier to read, which reduces potential                 an EFID Group is also appropriate                      proposed changes apply uniformly to all
                                              confusion. The Exchange also proposes                   because it permits a Member to protect                 Members and the Exchange notes that
                                              to mirror C2 Rule 6.14 because it                       itself from inadvertent exposure to                    the proposed changes apply to all
                                              believes consistent rules will increase                 excessive risk on an additional level                  quotes and orders in the same manner.
                                              the understanding of the Exchange’s                     (i.e., on an EFID group-level, not just                Additionally, the Exchange does not
                                              operations for Members that are also                    underlying- or EFID-level). Reducing                   believe that the proposed rule change
                                              participants on C2. As discussed above,                 such risk will enable Members to enter                 will impose any burden on intermarket
                                              notwithstanding the proposal to adopt                   quotes and orders with protection                      competition that is not necessary or
                                              new terminology and/or the absence of                   against inadvertent exposure to                        appropriate in furtherance of the
                                              certain references, the Exchange intends                excessive risk, which in turn will                     purposes of the Act because the
                                              no substantive changes to the meaning                   benefit investors through increased                    proposed enhancements apply only to
                                              or application of Rule 21.16 other than                 liquidity for the execution of their                   trading on the Exchange. Additionally,
                                              what is described above with respect to                 orders. Such increased liquidity benefits              the Exchange notes that it is voluntary
                                              EFID Groups and the new risk trips                      investors because they may receive                     for the Members to determine whether
                                              parameter. Particularly, the Exchange                   better prices and because it may lower                 to make use of the new enhancements
                                              believes the adoption of the definition                 volatility in the options market. The                  of the Risk Monitor Mechanism. To the
                                              of ‘‘EFID’’ provides transparency in the                Exchange also believes each Member is                  extent that the proposed changes may
                                              rules and alleviates confusion, as the                  in the best position to determine risk                 make the Exchange a more attractive
                                              Exchange references EFIDs multiple                      settings appropriate for its firm based on
                                              times throughout proposed Rule 21.16                                                                           trading venue for market participants on
                                                                                                      its trading activity and business needs                other exchanges, such market
                                              and utilizes EFIDs generally on the                     and that that may be based on an EFID
                                              Exchange with respect to its options                                                                           participants may elect to become
                                                                                                      Group(s). Additionally, as discussed                   Exchange market participants.
                                              platform. The Exchange notes the                        above, Cboe Options similarly allows its
                                              proposed definition is substantively the                members to set risk parameters at the                  C. Self-Regulatory Organization’s
                                              same as the definition of EFIDs under                   acronym-level (which is similar to an                  Statement on Comments on the
                                              C2’s rules.25 The Exchange believes the                 EFID) or firm-level (similar to an EFID                Proposed Rule Change Received From
                                              use of ‘‘quote’’ and ‘‘quotes’’ also                    Group).26                                              Members, Participants, or Others
                                              alleviates confusion as the current Risk
                                              Monitor Mechanism in fact affects both                     Lastly, the Exchange believes the                     The Exchange neither solicited nor
                                              orders and quotes, as defined, and was                  proposal to adopt the new risk                         received comments on the proposed
                                              intended to cover both a Member’s                       parameter based on number of times a                   rule change.
                                              orders and Market Maker quotes.                         risk parameter or group of risk
                                              Similarly, the Exchange believes using                  parameters are reached will provide                    III. Date of Effectiveness of the
                                              the term ‘‘underlying’’ instead of ‘‘class’’            Members with an additional tool for                    Proposed Rule Change and Timing for
                                              and ‘‘Member’’ instead of ‘‘user’’                      managing risks. Furthermore, as noted                  Commission Action
                                              alleviates potential confusion as the                   above, the Exchange’s affiliated
                                                                                                      exchange offers similar functionality.27                 Because the foregoing proposed rule
                                              proposed terms more accurately reflect
                                              how the Risk Monitor Mechanism                          Overall, the proposed rule change                      change does not:
                                              operates.                                               provides Members more protections that                   A. significantly affect the protection
                                                 The Exchange believes the rule                       reduce the risks from potential system                 of investors or the public interest;
                                              changes to codify current practice                      errors and market events. As a result,
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                                                                                                                                                               B. impose any significant burden on
                                              alleviates potential confusion, provides                the proposed changes, including the                    competition; and
                                                                                                      new risk parameter for the Risk Monitor
                                                24 Id.                                                Mechanism, have the potential to                         C. become operative for 30 days from
                                                25 See C2 Rule 6.8(b). The Exchange notes that
                                                                                                      promote just and equitable principles of               the date on which it was filed, or such
                                              proposed Rule 21.1(k)(2) does not include a cross                                                              shorter time as the Commission may
                                              reference to a rule regarding Designated Give Ups                                                              designate, it has become effective
                                                                                                        26 See   Cboe Options Rule 8.18.
                                              and Guarantors as BZX rules do not have a similar
                                              corresponding rule as C2 Rule 6.30.                       27 See   Cboe Options Rule 8.18.                     pursuant to Section 19(b)(3)(A) of the


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                                                                            Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices                                                       64401

                                              Act 28 and Rule 19b–4(f)(6)                               Paper Comments                                         SECURITIES AND EXCHANGE
                                              thereunder.29                                                                                                    COMMISSION
                                                 A proposed rule change filed                             • Send paper comments in triplicate
                                              pursuant to Rule 19b–4(f)(6) under the                    to Secretary, Securities and Exchange                  [Release No. 34–84768; File No. SR–DTC–
                                              Act 30 normally does not become                           Commission, 100 F Street NE,                           2018–011]
                                              operative for 30 days after the date of its               Washington, DC 20549–1090.
                                              filing. However, Rule 19b–4(f)(6)(iii) 31                                                                        Self-Regulatory Organizations; The
                                                                                                        All submissions should refer to File                   Depository Trust Company; Notice of
                                              permits the Commission to designate a
                                                                                                        Number SR–CboeBZX–2018–086. This                       Filing and Immediate Effectiveness of
                                              shorter time if such action is consistent
                                              with the protection of investors and the                  file number should be included on the                  a Proposed Rule Change To Amend
                                              public interest. The Exchange has asked                   subject line if email is used. To help the             the Guide to the DTC Fee Schedule
                                              the Commission to waive the 30-day                        Commission process and review your
                                                                                                        comments more efficiently, please use                  December 10, 2018.
                                              operative delay to provide Members
                                              with additional tools and greater                         only one method. The Commission will                      Pursuant to Section 19(b)(1) of the
                                              flexibility for managing their potential                  post all comments on the Commission’s                  Securities Exchange Act of 1934
                                              risk as soon as possible. Accordingly,                    internet website (http://www.sec.gov/                  (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                              the Commission believes that waiver of                    rules/sro.shtml). Copies of the                        notice is hereby given that on November
                                              the 30-day operative delay is consistent                  submission, all subsequent                             26, 2018, The Depository Trust
                                              with the protection of investors and the                  amendments, all written statements                     Company (‘‘DTC’’) filed with the
                                              public interest. Therefore, the                           with respect to the proposed rule                      Securities and Exchange Commission
                                              Commission hereby waives the                                                                                     (‘‘Commission’’) the proposed rule
                                                                                                        change that are filed with the
                                              operative delay and designates the                                                                               change as described in Items I, II and III
                                                                                                        Commission, and all written
                                              proposal as operative upon filing.32                                                                             below, which Items have been prepared
                                                                                                        communications relating to the                         by the clearing agency. DTC filed the
                                                 At any time within 60 days of the                      proposed rule change between the
                                              filing of the proposed rule change, the                                                                          proposed rule change pursuant to
                                                                                                        Commission and any person, other than                  Section 19(b)(3)(A) of the Act 3 and
                                              Commission summarily may
                                                                                                        those that may be withheld from the                    Rules 19b–4(f)(2) and (f)(4) thereunder.4
                                              temporarily suspend such rule change if
                                                                                                        public in accordance with the                          The Commission is publishing this
                                              it appears to the Commission that such
                                              action is necessary or appropriate in the                 provisions of 5 U.S.C. 552, will be                    notice to solicit comments on the
                                              public interest, for the protection of                    available for website viewing and                      proposed rule change from interested
                                              investors, or otherwise in furtherance of                 printing in the Commission’s Public                    persons.
                                              the purposes of the Act. If the                           Reference Room, 100 F Street NE,
                                                                                                        Washington, DC 20549 on official                       I. Clearing Agency’s Statement of the
                                              Commission takes such action, the                                                                                Terms of Substance of the Proposed
                                              Commission shall institute proceedings                    business days between the hours of
                                                                                                                                                               Rule Change
                                              to determine whether the proposed rule                    10:00 a.m. and 3:00 p.m. Copies of the
                                              change should be approved or                              filing also will be available for                         The proposed rule change consists of
                                              disapproved.                                              inspection and copying at the principal                amendments to the Guide to the DTC
                                                                                                        office of the Exchange. All comments                   Fee Schedule (‘‘Fee Guide’’) 5 in order to
                                              IV. Solicitation of Comments                                                                                     (i) simplify the pricing structure, (ii)
                                                                                                        received will be posted without change.
                                                Interested persons are invited to                       Persons submitting comments are                        align fees with the costs of services
                                              submit written data, views, and                           cautioned that we do not redact or edit                provided by DTC, and (iii) encourage
                                              arguments concerning the foregoing,                       personal identifying information from                  Participant practices that promote
                                              including whether the proposed rule                       comment submissions. You should                        efficient market behavior. The proposed
                                              change is consistent with the Act.                                                                               changes would include: (A) Grouping
                                                                                                        submit only information that you wish
                                              Comments may be submitted by any of                                                                              certain fee line items for related or
                                                                                                        to make available publicly. All
                                              the following methods:                                                                                           similar services under one fee line item,
                                                                                                        submissions should refer to File                       (B) deleting fees with little or no
                                              Electronic Comments                                       Number SR–CboeBZX–2018–086 and                         activity, (C) updating certain fees to
                                                • Use the Commission’s internet                         should be submitted on or before                       reflect DTC’s costs in relation to the
                                              comment form (http://www.sec.gov/                         January 4, 2019.                                       service, (D) decreasing certain fees in
                                              rules/sro.shtml); or                                        For the Commission, by the Division of               order to incentivize Participants to
                                                • Send an email to rule-comments@                       Trading and Markets, pursuant to delegated             utilize certain DTC services that
                                              sec.gov. Please include File Number SR–                   authority.33                                           promote efficiency, both in the servicing
                                              CboeBZX–2018–086 on the subject line.                     Eduardo A. Aleman,                                     of physical securities in the Custody
                                                                                                        Deputy Secretary.                                      Service and for the settlement of
                                                28 15  U.S.C. 78s(b)(3)(A).                                                                                    securities transactions at DTC, and (E)
                                                29 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      [FR Doc. 2018–27085 Filed 12–13–18; 8:45 am]
                                              4(f)(6)(iii) requires a self-regulatory organization to
                                                                                                                                                               increasing a surcharge to discourage the
                                                                                                        BILLING CODE 8011–01–P
                                              give the Commission written notice of its intent to                                                              late submission of certain underwriting
                                              file the proposed rule change, along with a brief                                                                documentation. In addition, the
                                              description and text of the proposed rule change,                                                                proposed rule change would also make
                                              at least five business days prior to the date of filing
                                              of the proposed rule change, or such shorter time
                                                                                                                                                                 1 15 U.S.C. 78s(b)(1).
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                                              as designated by the Commission. The Exchange
                                              has satisfied this requirement.                                                                                    2 17 CFR 240.19b–4.
                                                 30 17 CFR 240.19b–4(f)(6).                                                                                      3 15 U.S.C. 78s(b)(3)(A).
                                                 31 17 CFR 240.19b–4(f)(6)(iii).                                                                                 4 17 CFR 240.19b–4(f)(2) and (f)(4).
                                                 32 For purposes only of waiving the 30-day                                                                      5 Each capitalized term not otherwise defined

                                              operative delay, the Commission also has                                                                         herein has its respective meaning as set forth in the
                                              considered the proposed rule’s impact on                                                                         Fee Guide and the Rules, By-Laws and Organization
                                              efficiency, competition, and capital formation. See                                                              Certificate of DTC (the ‘‘Rules’’), available at http://
                                              15 U.S.C. 78c(f).                                           33 17   CFR 200.30–3(a)(12).                         www.dtcc.com/legal/rules-and-procedures.aspx.



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Document Created: 2018-12-14 03:49:58
Document Modified: 2018-12-14 03:49:58
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 64397 

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