83_FR_8344 83 FR 8306 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Modify EDGX Rule 21.1 and Related Functionality Applicable to the Exchange's Options Platform

83 FR 8306 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Modify EDGX Rule 21.1 and Related Functionality Applicable to the Exchange's Options Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 38 (February 26, 2018)

Page Range8306-8308
FR Document2018-03787

Federal Register, Volume 83 Issue 38 (Monday, February 26, 2018)
[Federal Register Volume 83, Number 38 (Monday, February 26, 2018)]
[Notices]
[Pages 8306-8308]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03787]



[[Page 8306]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82741; File No. SR-CboeEDGX-2018-005]


Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Modify EDGX Rule 21.1 and Related Functionality Applicable to the 
Exchange's Options Platform

February 20, 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 February 9, 2018, Cboe EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The Exchange 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with 
the Commission. 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).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to modify Rule 21.1 of Exchange's 
rules and related functionality applicable to the Exchange's options 
platform (``EDGX Options'') in preparation for the technology migration 
of the Exchange's affiliated options exchanges onto the same technology 
as the Exchange.
    The text of the proposed rule change is available at the Exchange's 
website at www.markets.cboe.com, at the principal office of the 
Exchange, 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 parts of such 
statements.

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

1. Purpose
    In 2016, the Exchange and its affiliates Cboe BYX Exchange, Inc. 
(``BYX''), Cboe EDGA Exchange, Inc. (``EDGA''), and Cboe BZX Exchange, 
Inc. (``BZX'') received approval to affect a merger (the ``Merger'') of 
the Exchange's then-current indirect parent company, Bats Global 
Markets, Inc., with Cboe Global Markets f/k/a CBOE Holdings, Inc. 
(``Cboe''), the direct parent of Cboe Exchange, Inc. (``Cboe Options'') 
and Cboe C2 Exchange, Inc. (``C2 Options'', and together with the 
Exchange, BZX, and Cboe Options the ``Cboe Affiliated Exchanges'').\5\ 
The Cboe Affiliated Exchanges are working to align certain system 
functionality, retaining only intended differences between the Cboe 
Affiliated Exchanges, in the context of a technology migration. Thus, 
the proposals set forth below are intended to add certain functionality 
to the Exchange's System \6\ that is more similar to functionality 
offered by Cboe Options and C2 Options in order to ultimately provide a 
consistent technology offering for market participants who interact 
with the Cboe Affiliated Exchanges. Although the Exchange intentionally 
offers certain features that differ from those offered by its 
affiliates and will continue to do so, the Exchange believes that 
offering similar functionality to the extent practicable will reduce 
potential confusion for Users.
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    \5\ See Securities Exchange Act Release No. 79585 (December 16, 
2016), 81 FR 93988 (December 22, 2016) (SR-BatsBZX-2016-68; SR-
BatsBYX-2016-29; SR-BatsEDGA-2016-24; SR-BatsEDGX-2016-60). The 
Exchange notes that BYX and EDGA are also affiliated exchanges but 
do not operate options platforms and thus the integration described 
in this proposal is inapplicable to such exchanges.
    \6\ The ``System'' is the automated trading system used by EDGX 
Options for the trading of options contracts. See Rule 16.1(a)(59).
---------------------------------------------------------------------------

    The Exchange is proposing to adopt periodic but relatively minor 
changes to functionality in order to reduce risk in connection with the 
technology migration described above; this proposal is related to one 
such proposed change but is primarily intended to add language to the 
Exchange's rules regarding ports that are referenced in the Exchange's 
fee schedule. Specifically, the Exchange proposes to add language to 
Rule 21.1 to define various types of ports used to submit orders to and 
receive information from the Exchange. In addition, the Exchange 
proposes to modify the operation of bulk order entry ports, as 
described below.
Port Definitions
    The Exchange currently provides access to EDGX Options to Users \7\ 
through various ports. These ports have been previously described in 
multiple filings submitted by the Exchange \8\ and are referenced on 
the Exchange's fee schedule. However, the Exchange has not previously 
maintained any language in its rules related to such ports. The 
Exchange proposes to add language to Rule 21.1 to provide additional 
clarity in the Exchange's rules and to accommodate changes to the rules 
of other Cboe Affiliated Exchanges that refer to analogous, but 
different, concepts to describe the technology used to describe system 
access.\9\
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    \7\ The term ``User'' means any Options Member or Sponsored 
Participant who is authorized to obtain access to the Exchange's 
System (as defined below) pursuant to Rule 11.3. See Rule 
16.1(a)(63).
    \8\ See Securities Exchange Act Release Nos. 82064 (November 13, 
2017), 82 FR 54442 (November 17, 2017) (SR-BatsEDGX-2017-46) 
(modifying and describing fees for physical ports on an immediately 
effective basis); 76453 (November 17, 2015), 80 FR 72999 (adopting 
initial fees for EDGX Options, including description of logical 
ports and bulk order entry ports to be provided free of charge, on 
an immediately effective basis).
    \9\ For instance, C2 Options Rules refer to logins as the 
mechanism through which a participant on C2, or Trading Permit 
Holder (``TPH''), can access C2. See, e.g., C2 Options Rule 6.17(g)-
(i), which describes various risk controls that can restrict access 
to the Exchange acronym (i.e., the letters used to identify the TPH) 
or the login level (i.e., the equivalent of the port level).
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    The Exchange proposes to define three different types of ports, 
specifically, physical ports, logical ports, and bulk order ports. The 
Exchange notes that bulk order ports is a type of logical port and that 
there are other types of logical ports that are not specifically 
identified in the proposed rule. The Exchange believes that a separate 
definition is warranted for bulk order ports given the specific 
functionality provided through such ports but that the other types of 
logical ports are sufficiently described in the proposed definition of 
logical port.
    The Exchange proposes to define a ``physical port'' as a port that 
provides a physical connection to the System. The Exchange also 
proposes to note that a physical port may provide access to multiple 
logical ports.
    The Exchange proposes to define a ``logical port'' or ``logical 
session'' as a port that provides Users with the ability within the 
System to accomplish a specific function through a connection,

[[Page 8307]]

such as order entry, data receipt, or access to information.
    The Exchange proposes to define a ``bulk order port'' as a logical 
port that provides Users with the ability to submit bulk messages to 
enter, modify or cancel orders designated as Post Only Orders, provided 
such orders are entered with a Time-in-Force of Day or GTD with an 
expiration time on that trading day. The Exchange does not currently 
limit bulk order ports to Post Only Orders and further describes this 
proposed limitation below.
Modification to Operation of Bulk Order Entry Ports
    In addition to codifying the three types of ports in the Exchange's 
Rules, as set forth above, the Exchange proposes to restrict the type 
of messages that may be submitted through bulk order ports to orders 
submitted as Post Only Orders with a Time-in-Force of Day or a Time-in-
Force of GTD with an expiration time on that trading day. Post Only 
Orders are defined in Rule 21.1(d)(8) as ``orders that are to be ranked 
and executed on the Exchange pursuant to Rule 21.8 (Order Display and 
Book Processing) or cancelled, as appropriate, without routing away to 
another options exchange except that the order will not remove 
liquidity from the EDGX Options Book.'' Rule 21.1(d)(8) further 
provides that ``[a] Post Only Order that is not subject to the Price 
Adjust process that would lock or cross a Protected Quotation of 
another options exchange or the Exchange will be cancelled.'' The Time-
in-Force of DAY is defined in Rule 21.1(f)(3) to mean, ``for an order 
so designated, a limit order to buy or sell which, if not executed 
expires at market close.'' The Time-in-Force of GTD is defined in Rule 
21.(f)(1) to mean ``for orders so designated, that if after entry into 
the System, the order is not fully executed, the order (or the 
unexecuted portion thereof) shall remain available for potential 
display and/or execution for the amount of time specified by the 
entering User unless canceled by the entering party.'' In sum, Post 
Only Orders with a Time-in-Force of Day or GTD are orders that will be 
posted to and displayed by the Exchange, rather than removing liquidity 
or routing to another options exchange. As noted above, the Exchange 
proposes to limit the acceptable messages with the time in force of GTD 
to orders with an expiration time on the applicable trading day.
    As a general matter, and as further described below, the proposed 
change is intended to limit the use of bulk order ports to liquidity 
provision, particularly by, but not limited to, market makers 
registered with the Exchange. In turn, the Exchange believes it 
unnecessary to allow orders entered via bulk order entry ports to be 
able to last beyond the trading day on which they were entered. The 
Exchange notes that while, as a general matter, bulk order entry 
provides an efficient way for a market participant to conduct business 
on the Exchange by allowing the bundling of multiple instructions in a 
single message, the main purpose of such functionality has always been 
to encourage quoting on exchanges.\10\
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    \10\ For instance, when initially adopted by the Exchange's 
affiliate, BZX, bulk order entry was described as a ``bulk-quoting 
interface'' and such functionality was limited to BZX market makers. 
See Securities Exchange Act Release No. 65133 (August 15, 2011), 76 
FR 52032 (August 19, 2011) (SR-BATS-2011-029). Bulk quoting was 
shortly thereafter expanded to be available to all participants on 
BZX's options platform but the focus remained on promoting liquidity 
provision on the Exchange, even though the types of messages 
permitted were not limited to liquidity providing orders. See 
Securities Exchange Act Release No. 65307 (September 9, 2011), 76 FR 
57092 (September 15, 2011) (SR-BATS-2011-034).
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    The Exchange proposes this change in order to provide functionality 
that is more similar to quoting functionality available on Cboe Options 
and C2 Options. In particular, the Exchange has never differentiated 
between a quote or an order on entry. Rather, Users submit orders to 
the Exchange regardless of the capacity of the order (i.e., customer, 
market-maker or other non-market-maker professional) and regardless of 
the intended result from submitting such order (e.g., to remove 
liquidity, post and display liquidity on the Exchange, route to another 
market, etc.). Of course, an order that is posted and displayed on the 
Exchange is a quotation and the Exchange does maintain various 
requirements regarding quotations and quoting on the Exchange; the 
Exchange, however, reiterates that in order to quote on the Exchange a 
User submits an order. In contrast, Cboe Options and C2 Options 
distinguish between orders and quotes, with quotes being required of 
and only available to registered market makers.\11\ While the Exchange 
does not propose to limit bulk order entry functionality to registered 
market makers on the Exchange, as such a change would remove access to 
functionality currently available to all Exchange Users, the Exchange 
does propose to limit the type of messages that may be submitted 
through bulk order entry ports in order to mimic the quoting 
functionality offered by Cboe Options and C2 Options.
---------------------------------------------------------------------------

    \11\ See Cboe Rule 1.1(ooo), C2 Rule 1.1 (defining ``quote'' or 
``quotation'' as ``a bid or offer entered by a Market-Maker that is 
firm and that updates the Market-Maker's previous quote, if any'').
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \12\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \13\ in particular, in that it is designed to 
promote just and equitable principles of trade, 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. In particular, consistent rules and functionality between the 
Exchange and its affiliated exchanges will reduce complexity and help 
avoid potential confusion by the Users of the Exchange that are also 
participants on other Cboe Affiliated Exchanges.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed amendment will reduce complexity 
and increase the understanding of the Exchange's operations for all 
Users of the Exchange. In particular, the Exchange is promoting 
transparency by adopting definitions within Rule 21.1 to describe 
various ports used to access the Exchange that are currently described 
on the Exchange's fee schedule and in filings previously made by the 
Exchange.\14\ In turn, when Cboe Options and C2 Options are migrated to 
the same technology as that of the Exchange, Users of the Exchange and 
other Cboe Affiliated Exchanges will have access to similar 
functionality on all Cboe Affiliated Exchanges and similar language can 
be incorporated into the rules of all Cboe Affiliated Exchanges. As 
such, the proposed rule change would foster cooperation and 
coordination with persons engaged in facilitating transactions in 
securities and would remove impediments to and perfect the mechanism of 
a free and open market and a national market system.
---------------------------------------------------------------------------

    \14\ See supra, note 8.
---------------------------------------------------------------------------

    The Exchange further believes that the proposed modification to the 
operation of bulk order entry ports such that only Post Only Orders 
with a time in force of DAY or GTD may be entered, modified or 
cancelled through such ports will protect investors and the public 
interest and maintain fair and orderly markets by offering specific 
functionality through which Users can submit orders that will result in 
quotations on the Exchange. In particular, the options markets are 
quote driven markets dependent on liquidity providers to an even 
greater extent than equities

[[Page 8308]]

markets. In contrast to the approximately 7,000 different securities 
traded in the U.S. equities markets each day, there are more than 
500,000 unique, regularly quoted option series. Given this breadth in 
options series the options markets are more dependent on liquidity 
providers than equities markets; such liquidity is provided most 
commonly by registered market makers but also by other professional 
traders. As such, the Exchange believes maintaining specific 
functionality to maintain quotations on the Exchange through bulk order 
entry ports will protect investors and the public interest and the 
maintenance of fair and orderly markets by ensuring that an efficient 
process to enter and update quotations is available to Exchange Users. 
The Exchange also believes this is reasonable and is necessary to 
afford the Exchange the ability to establish a marketplace that 
operates more similar to the existing Cboe and C2 options exchanges, 
which are quote-based markets.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange notes that the 
proposal will further promote consistency between the Exchange and its 
affiliated exchanges, and is part of a larger technology integration 
that will ultimately reduce complexity for Users of the Exchange that 
are also participants on other Cboe Affiliated Exchanges. The Exchange 
does not believe that the proposed changes will have any direct impact 
on inter-market competition. The Exchange does not believe that 
restricting bulk order entry ports to orders that will be displayed as 
quotations will impose any burden on intra-market competition that is 
not necessary or appropriate in furtherance of the purposes of the Act. 
In particular, while the Exchange believes it could be appropriate to 
propose to limit such functionality to registered market makers, the 
Exchange has not proposed such limitation at this time. As such, bulk 
order entry functionality will still be available to all Users of the 
Exchange, as it is today.

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

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

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \15\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\16\
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    \15\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \16\ 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 the text of the proposed rule change, 
at least five business days prior to the date of filing of the 
proposed rule change, or such shorter time as designated by the 
Commission. The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CboeEDGX-2018-005 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-CboeEDGX-2018-005. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-CboeEDGX-2018-005 and should be 
submitted on or before March 19, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-03787 Filed 2-23-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               8306                          Federal Register / Vol. 83, No. 38 / Monday, February 26, 2018 / Notices

                                               SECURITIES AND EXCHANGE                                 Exchange has prepared summaries, set                   various types of ports used to submit
                                               COMMISSION                                              forth in Sections A, B, and C below, of                orders to and receive information from
                                                                                                       the most significant parts of such                     the Exchange. In addition, the Exchange
                                               [Release No. 34–82741; File No. SR–
                                                                                                       statements.                                            proposes to modify the operation of
                                               CboeEDGX–2018–005]
                                                                                                                                                              bulk order entry ports, as described
                                                                                                       (A) Self-Regulatory Organization’s
                                               Self-Regulatory Organizations; Cboe                                                                            below.
                                                                                                       Statement of the Purpose of, and
                                               EDGX Exchange, Inc.; Notice of Filing                   Statutory Basis for, the Proposed Rule                 Port Definitions
                                               and Immediate Effectiveness of a                        Change                                                    The Exchange currently provides
                                               Proposed Rule Change To Modify
                                                                                                       1. Purpose                                             access to EDGX Options to Users 7
                                               EDGX Rule 21.1 and Related
                                                                                                                                                              through various ports. These ports have
                                               Functionality Applicable to the                            In 2016, the Exchange and its
                                                                                                                                                              been previously described in multiple
                                               Exchange’s Options Platform                             affiliates Cboe BYX Exchange, Inc.
                                                                                                                                                              filings submitted by the Exchange 8 and
                                                                                                       (‘‘BYX’’), Cboe EDGA Exchange, Inc.
                                               February 20, 2018.                                                                                             are referenced on the Exchange’s fee
                                                                                                       (‘‘EDGA’’), and Cboe BZX Exchange,
                                                  Pursuant to Section 19(b)(1) of the                                                                         schedule. However, the Exchange has
                                                                                                       Inc. (‘‘BZX’’) received approval to affect
                                               Securities Exchange Act of 1934 (the                                                                           not previously maintained any language
                                                                                                       a merger (the ‘‘Merger’’) of the                       in its rules related to such ports. The
                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  Exchange’s then-current indirect parent
                                               notice is hereby given that on February                                                                        Exchange proposes to add language to
                                                                                                       company, Bats Global Markets, Inc.,                    Rule 21.1 to provide additional clarity
                                               9, 2018, Cboe EDGX Exchange, Inc. (the                  with Cboe Global Markets f/k/a CBOE
                                               ‘‘Exchange’’ or ‘‘EDGX’’) filed with the                                                                       in the Exchange’s rules and to
                                                                                                       Holdings, Inc. (‘‘Cboe’’), the direct                  accommodate changes to the rules of
                                               Securities and Exchange Commission                      parent of Cboe Exchange, Inc. (‘‘Cboe
                                               (‘‘Commission’’) the proposed rule                                                                             other Cboe Affiliated Exchanges that
                                                                                                       Options’’) and Cboe C2 Exchange, Inc.                  refer to analogous, but different,
                                               change as described in Items I and II                   (‘‘C2 Options’’, and together with the
                                               below, which Items have been prepared                                                                          concepts to describe the technology
                                                                                                       Exchange, BZX, and Cboe Options the                    used to describe system access.9
                                               by the Exchange. The Exchange has                       ‘‘Cboe Affiliated Exchanges’’).5 The
                                               designated this proposal as a ‘‘non-                                                                              The Exchange proposes to define
                                                                                                       Cboe Affiliated Exchanges are working                  three different types of ports,
                                               controversial’’ proposed rule change                    to align certain system functionality,
                                               pursuant to Section 19(b)(3)(A) of the                                                                         specifically, physical ports, logical
                                                                                                       retaining only intended differences                    ports, and bulk order ports. The
                                               Act 3 and Rule 19b–4(f)(6)(iii)                         between the Cboe Affiliated Exchanges,
                                               thereunder,4 which renders it effective                                                                        Exchange notes that bulk order ports is
                                                                                                       in the context of a technology migration.              a type of logical port and that there are
                                               upon filing with the Commission. The                    Thus, the proposals set forth below are
                                               Commission is publishing this notice to                                                                        other types of logical ports that are not
                                                                                                       intended to add certain functionality to               specifically identified in the proposed
                                               solicit comments on the proposed rule                   the Exchange’s System 6 that is more                   rule. The Exchange believes that a
                                               change from interested persons.                         similar to functionality offered by Cboe               separate definition is warranted for bulk
                                               I. Self-Regulatory Organization’s                       Options and C2 Options in order to                     order ports given the specific
                                               Statement of the Terms of Substance of                  ultimately provide a consistent                        functionality provided through such
                                               the Proposed Rule Change                                technology offering for market                         ports but that the other types of logical
                                                                                                       participants who interact with the Cboe                ports are sufficiently described in the
                                                  The Exchange filed a proposal to
                                                                                                       Affiliated Exchanges. Although the                     proposed definition of logical port.
                                               modify Rule 21.1 of Exchange’s rules
                                                                                                       Exchange intentionally offers certain                     The Exchange proposes to define a
                                               and related functionality applicable to
                                                                                                       features that differ from those offered by             ‘‘physical port’’ as a port that provides
                                               the Exchange’s options platform
                                                                                                       its affiliates and will continue to do so,             a physical connection to the System.
                                               (‘‘EDGX Options’’) in preparation for the
                                                                                                       the Exchange believes that offering                    The Exchange also proposes to note that
                                               technology migration of the Exchange’s
                                                                                                       similar functionality to the extent                    a physical port may provide access to
                                               affiliated options exchanges onto the
                                                                                                       practicable will reduce potential                      multiple logical ports.
                                               same technology as the Exchange.                                                                                  The Exchange proposes to define a
                                                                                                       confusion for Users.
                                                  The text of the proposed rule change
                                                                                                          The Exchange is proposing to adopt                  ‘‘logical port’’ or ‘‘logical session’’ as a
                                               is available at the Exchange’s website at
                                                                                                       periodic but relatively minor changes to               port that provides Users with the ability
                                               www.markets.cboe.com, at the principal                                                                         within the System to accomplish a
                                                                                                       functionality in order to reduce risk in
                                               office of the Exchange, and at the                                                                             specific function through a connection,
                                                                                                       connection with the technology
                                               Commission’s Public Reference Room.
                                                                                                       migration described above; this proposal
                                               II. Self-Regulatory Organization’s                      is related to one such proposed change                   7 The term ‘‘User’’ means any Options Member or

                                               Statement of the Purpose of, and                        but is primarily intended to add                       Sponsored Participant who is authorized to obtain
                                                                                                                                                              access to the Exchange’s System (as defined below)
                                               Statutory Basis for, the Proposed Rule                  language to the Exchange’s rules                       pursuant to Rule 11.3. See Rule 16.1(a)(63).
                                               Change                                                  regarding ports that are referenced in                   8 See Securities Exchange Act Release Nos. 82064


                                                 In its filing with the Commission, the                the Exchange’s fee schedule.                           (November 13, 2017), 82 FR 54442 (November 17,
                                                                                                       Specifically, the Exchange proposes to                 2017) (SR-BatsEDGX–2017–46) (modifying and
                                               Exchange included statements                                                                                   describing fees for physical ports on an
                                               concerning the purpose of and basis for                 add language to Rule 21.1 to define                    immediately effective basis); 76453 (November 17,
                                               the proposed rule change and discussed                                                                         2015), 80 FR 72999 (adopting initial fees for EDGX
                                                                                                         5 See Securities Exchange Act Release No. 79585      Options, including description of logical ports and
                                               any comments it received on the                         (December 16, 2016), 81 FR 93988 (December 22,         bulk order entry ports to be provided free of charge,
                                               proposed rule change. The text of these
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       2016) (SR–BatsBZX–2016–68; SR–BatsBYX–2016–            on an immediately effective basis).
                                               statements may be examined at the                       29; SR–BatsEDGA–2016–24; SR–BatsEDGX–2016–               9 For instance, C2 Options Rules refer to logins as

                                               places specified in Item IV below. The                  60). The Exchange notes that BYX and EDGA are          the mechanism through which a participant on C2,
                                                                                                       also affiliated exchanges but do not operate options   or Trading Permit Holder (‘‘TPH’’), can access C2.
                                                                                                       platforms and thus the integration described in this   See, e.g., C2 Options Rule 6.17(g)–(i), which
                                                 1 15 U.S.C. 78s(b)(1).                                proposal is inapplicable to such exchanges.            describes various risk controls that can restrict
                                                 2 17 CFR 240.19b–4.                                     6 The ‘‘System’’ is the automated trading system     access to the Exchange acronym (i.e., the letters
                                                 3 15 U.S.C. 78s(b)(3)(A).
                                                                                                       used by EDGX Options for the trading of options        used to identify the TPH) or the login level (i.e., the
                                                 4 17 CFR 240.19b–4(f)(6)(iii).                        contracts. See Rule 16.1(a)(59).                       equivalent of the port level).



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                                                                            Federal Register / Vol. 83, No. 38 / Monday, February 26, 2018 / Notices                                                8307

                                               such as order entry, data receipt, or                   by, but not limited to, market makers                    offered by Cboe Options and C2
                                               access to information.                                  registered with the Exchange. In turn,                   Options.
                                                  The Exchange proposes to define a                    the Exchange believes it unnecessary to
                                               ‘‘bulk order port’’ as a logical port that                                                                       2. Statutory Basis
                                                                                                       allow orders entered via bulk order
                                               provides Users with the ability to                      entry ports to be able to last beyond the                   The Exchange believes that its
                                               submit bulk messages to enter, modify                   trading day on which they were entered.                  proposal is consistent with Section 6(b)
                                               or cancel orders designated as Post Only                The Exchange notes that while, as a                      of the Act 12 in general, and furthers the
                                               Orders, provided such orders are                        general matter, bulk order entry                         objectives of Section 6(b)(5) of the Act 13
                                               entered with a Time-in-Force of Day or                  provides an efficient way for a market                   in particular, in that it is designed to
                                               GTD with an expiration time on that                     participant to conduct business on the                   promote just and equitable principles of
                                               trading day. The Exchange does not                      Exchange by allowing the bundling of                     trade, to remove impediments to and
                                               currently limit bulk order ports to Post                multiple instructions in a single                        perfect the mechanism of a free and
                                               Only Orders and further describes this                  message, the main purpose of such                        open market and a national market
                                               proposed limitation below.                              functionality has always been to                         system, and, in general to protect
                                                                                                       encourage quoting on exchanges.10                        investors and the public interest. In
                                               Modification to Operation of Bulk Order                                                                          particular, consistent rules and
                                                                                                          The Exchange proposes this change in
                                               Entry Ports                                                                                                      functionality between the Exchange and
                                                                                                       order to provide functionality that is
                                                  In addition to codifying the three                   more similar to quoting functionality                    its affiliated exchanges will reduce
                                               types of ports in the Exchange’s Rules,                 available on Cboe Options and C2                         complexity and help avoid potential
                                               as set forth above, the Exchange                        Options. In particular, the Exchange has                 confusion by the Users of the Exchange
                                               proposes to restrict the type of messages               never differentiated between a quote or                  that are also participants on other Cboe
                                               that may be submitted through bulk                      an order on entry. Rather, Users submit                  Affiliated Exchanges.
                                               order ports to orders submitted as Post                 orders to the Exchange regardless of the                    The Exchange believes the proposed
                                               Only Orders with a Time-in-Force of                     capacity of the order (i.e., customer,                   amendment will reduce complexity and
                                               Day or a Time-in-Force of GTD with an                   market-maker or other non-market-                        increase the understanding of the
                                               expiration time on that trading day. Post               maker professional) and regardless of                    Exchange’s operations for all Users of
                                               Only Orders are defined in Rule                         the intended result from submitting                      the Exchange. In particular, the
                                               21.1(d)(8) as ‘‘orders that are to be                   such order (e.g., to remove liquidity,                   Exchange is promoting transparency by
                                               ranked and executed on the Exchange                     post and display liquidity on the                        adopting definitions within Rule 21.1 to
                                               pursuant to Rule 21.8 (Order Display                    Exchange, route to another market, etc.).                describe various ports used to access the
                                               and Book Processing) or cancelled, as                   Of course, an order that is posted and                   Exchange that are currently described
                                               appropriate, without routing away to                    displayed on the Exchange is a                           on the Exchange’s fee schedule and in
                                               another options exchange except that                    quotation and the Exchange does                          filings previously made by the
                                               the order will not remove liquidity from                maintain various requirements                            Exchange.14 In turn, when Cboe Options
                                               the EDGX Options Book.’’ Rule                           regarding quotations and quoting on the                  and C2 Options are migrated to the same
                                               21.1(d)(8) further provides that ‘‘[a] Post             Exchange; the Exchange, however,                         technology as that of the Exchange,
                                               Only Order that is not subject to the                   reiterates that in order to quote on the                 Users of the Exchange and other Cboe
                                               Price Adjust process that would lock or                 Exchange a User submits an order. In                     Affiliated Exchanges will have access to
                                               cross a Protected Quotation of another                  contrast, Cboe Options and C2 Options                    similar functionality on all Cboe
                                               options exchange or the Exchange will                   distinguish between orders and quotes,                   Affiliated Exchanges and similar
                                               be cancelled.’’ The Time-in-Force of                    with quotes being required of and only                   language can be incorporated into the
                                               DAY is defined in Rule 21.1(f)(3) to                    available to registered market makers.11                 rules of all Cboe Affiliated Exchanges.
                                               mean, ‘‘for an order so designated, a                   While the Exchange does not propose to                   As such, the proposed rule change
                                               limit order to buy or sell which, if not                limit bulk order entry functionality to                  would foster cooperation and
                                               executed expires at market close.’’ The                 registered market makers on the                          coordination with persons engaged in
                                               Time-in-Force of GTD is defined in Rule                 Exchange, as such a change would                         facilitating transactions in securities and
                                               21.(f)(1) to mean ‘‘for orders so                       remove access to functionality currently                 would remove impediments to and
                                               designated, that if after entry into the                                                                         perfect the mechanism of a free and
                                                                                                       available to all Exchange Users, the
                                               System, the order is not fully executed,                                                                         open market and a national market
                                                                                                       Exchange does propose to limit the type
                                               the order (or the unexecuted portion                                                                             system.
                                                                                                       of messages that may be submitted
                                               thereof) shall remain available for                                                                                 The Exchange further believes that the
                                                                                                       through bulk order entry ports in order
                                               potential display and/or execution for                                                                           proposed modification to the operation
                                                                                                       to mimic the quoting functionality
                                               the amount of time specified by the                                                                              of bulk order entry ports such that only
                                               entering User unless canceled by the                       10 For instance, when initially adopted by the        Post Only Orders with a time in force of
                                               entering party.’’ In sum, Post Only                     Exchange’s affiliate, BZX, bulk order entry was          DAY or GTD may be entered, modified
                                               Orders with a Time-in-Force of Day or                   described as a ‘‘bulk-quoting interface’’ and such       or cancelled through such ports will
                                               GTD are orders that will be posted to                   functionality was limited to BZX market makers.
                                                                                                       See Securities Exchange Act Release No. 65133
                                                                                                                                                                protect investors and the public interest
                                               and displayed by the Exchange, rather                   (August 15, 2011), 76 FR 52032 (August 19, 2011)         and maintain fair and orderly markets
                                               than removing liquidity or routing to                   (SR–BATS–2011–029). Bulk quoting was shortly             by offering specific functionality
                                               another options exchange. As noted                      thereafter expanded to be available to all               through which Users can submit orders
                                               above, the Exchange proposes to limit                   participants on BZX’s options platform but the
                                                                                                       focus remained on promoting liquidity provision on
                                                                                                                                                                that will result in quotations on the
                                               the acceptable messages with the time                                                                            Exchange. In particular, the options
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                                                                                                       the Exchange, even though the types of messages
                                               in force of GTD to orders with an                       permitted were not limited to liquidity providing        markets are quote driven markets
                                               expiration time on the applicable                       orders. See Securities Exchange Act Release No.          dependent on liquidity providers to an
                                               trading day.                                            65307 (September 9, 2011), 76 FR 57092 (September
                                                                                                       15, 2011) (SR–BATS–2011–034).
                                                                                                                                                                even greater extent than equities
                                                  As a general matter, and as further                     11 See Cboe Rule 1.1(ooo), C2 Rule 1.1 (defining
                                               described below, the proposed change is                 ‘‘quote’’ or ‘‘quotation’’ as ‘‘a bid or offer entered
                                                                                                                                                                 12 15 U.S.C. 78f(b).
                                               intended to limit the use of bulk order                 by a Market-Maker that is firm and that updates the       13 15 U.S.C. 78f(b)(5).
                                               ports to liquidity provision, particularly              Market-Maker’s previous quote, if any’’).                 14 See supra, note 8.




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                                               8308                         Federal Register / Vol. 83, No. 38 / Monday, February 26, 2018 / Notices

                                               markets. In contrast to the                             Exchange has not received any written                     Commission process and review your
                                               approximately 7,000 different securities                comments from members or other                            comments more efficiently, please use
                                               traded in the U.S. equities markets each                interested parties.                                       only one method. The Commission will
                                               day, there are more than 500,000                                                                                  post all comments on the Commission’s
                                                                                                       III. Date of Effectiveness of the
                                               unique, regularly quoted option series.                                                                           internet website (http://www.sec.gov/
                                                                                                       Proposed Rule Change and Timing for
                                               Given this breadth in options series the                                                                          rules/sro.shtml). Copies of the
                                                                                                       Commission Action
                                               options markets are more dependent on                                                                             submission, all subsequent
                                               liquidity providers than equities                          Because the foregoing proposed rule
                                                                                                                                                                 amendments, all written statements
                                               markets; such liquidity is provided most                change does not: (i) Significantly affect
                                                                                                       the protection of investors or the public                 with respect to the proposed rule
                                               commonly by registered market makers                                                                              change that are filed with the
                                               but also by other professional traders.                 interest; (ii) impose any significant
                                                                                                       burden on competition; and (iii) become                   Commission, and all written
                                               As such, the Exchange believes
                                               maintaining specific functionality to                   operative for 30 days from the date on                    communications relating to the
                                               maintain quotations on the Exchange                     which it was filed, or such shorter time                  proposed rule change between the
                                               through bulk order entry ports will                     as the Commission may designate, it has                   Commission and any person, other than
                                               protect investors and the public interest               become effective pursuant to Section                      those that may be withheld from the
                                               and the maintenance of fair and orderly                 19(b)(3)(A)(iii) of the Act 15 and                        public in accordance with the
                                               markets by ensuring that an efficient                   subparagraph (f)(6) of Rule 19b–4                         provisions of 5 U.S.C. 552, will be
                                               process to enter and update quotations                  thereunder.16                                             available for website viewing and
                                               is available to Exchange Users. The                        At any time within 60 days of the                      printing in the Commission’s Public
                                               Exchange also believes this is                          filing of the proposed rule change, the                   Reference Room, 100 F Street NE,
                                               reasonable and is necessary to afford the               Commission summarily may                                  Washington, DC 20549, on official
                                               Exchange the ability to establish a                     temporarily suspend such rule change if                   business days between the hours of
                                               marketplace that operates more similar                  it appears to the Commission that such                    10:00 a.m. and 3:00 p.m. Copies of the
                                               to the existing Cboe and C2 options                     action is: (i) Necessary or appropriate in                filing also will be available for
                                               exchanges, which are quote-based                        the public interest; (ii) for the protection              inspection and copying at the principal
                                               markets.                                                of investors; or (iii) otherwise in
                                                                                                                                                                 office of the Exchange. All comments
                                                                                                       furtherance of the purposes of the Act.
                                               (B) Self-Regulatory Organization’s                                                                                received will be posted without change.
                                                                                                       If the Commission takes such action, the
                                               Statement on Burden on Competition                      Commission shall institute proceedings                    Persons submitting comments are
                                                 The Exchange does not believe that                    to determine whether the proposed rule                    cautioned that we do not redact or edit
                                               the proposed rule change will impose                    should be approved or disapproved.                        personal identifying information from
                                               any burden on competition that is not                                                                             comment submissions. You should
                                                                                                       IV. Solicitation of Comments                              submit only information that you wish
                                               necessary or appropriate in furtherance
                                               of the purposes of the Act. The                           Interested persons are invited to                       to make available publicly. All
                                               Exchange notes that the proposal will                   submit written data, views, and                           submissions should refer to File
                                               further promote consistency between                     arguments concerning the foregoing,                       Number SR–CboeEDGX–2018–005 and
                                               the Exchange and its affiliated                         including whether the proposed rule                       should be submitted on or before March
                                               exchanges, and is part of a larger                      change is consistent with the Act.                        19, 2018.
                                               technology integration that will                        Comments may be submitted by any of
                                                                                                                                                                   For the Commission, by the Division of
                                               ultimately reduce complexity for Users                  the following methods:
                                                                                                                                                                 Trading and Markets, pursuant to delegated
                                               of the Exchange that are also                           Electronic Comments                                       authority.17
                                               participants on other Cboe Affiliated
                                               Exchanges. The Exchange does not                           • Use the Commission’s internet                        Eduardo A. Aleman,
                                               believe that the proposed changes will                  comment form (http://www.sec.gov/                         Assistant Secretary.
                                               have any direct impact on inter-market                  rules/sro.shtml); or                                      [FR Doc. 2018–03787 Filed 2–23–18; 8:45 am]
                                               competition. The Exchange does not                         • Send an email to rule-comments@                      BILLING CODE 8011–01–P
                                               believe that restricting bulk order entry               sec.gov. Please include File Number SR–
                                               ports to orders that will be displayed as               CboeEDGX–2018–005 on the subject
                                               quotations will impose any burden on                    line.
                                               intra-market competition that is not                    Paper Comments
                                               necessary or appropriate in furtherance                    • Send paper comments in triplicate
                                               of the purposes of the Act. In particular,              to Secretary, Securities and Exchange
                                               while the Exchange believes it could be                 Commission, 100 F Street NE,
                                               appropriate to propose to limit such                    Washington, DC 20549–1090.
                                               functionality to registered market
                                                                                                       All submissions should refer to File
                                               makers, the Exchange has not proposed
                                                                                                       Number SR–CboeEDGX–2018–005. This
                                               such limitation at this time. As such,
                                                                                                       file number should be included on the
                                               bulk order entry functionality will still
                                                                                                       subject line if email is used. To help the
                                               be available to all Users of the
                                               Exchange, as it is today.                                 15 15  U.S.C. 78s(b)(3)(A)(iii).
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                                               (C) Self-Regulatory Organization’s                        16 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                               Statement on Comments on the                            4(f)(6)(iii) requires a self-regulatory organization to
                                                                                                       give the Commission written notice of its intent to
                                               Proposed Rule Change Received From                      file the proposed rule change, along with a brief
                                               Members, Participants or Others                         description and the text of the proposed rule
                                                                                                       change, at least five business days prior to the date
                                                 The Exchange has not solicited, and                   of filing of the proposed rule change, or such
                                               does not intend to solicit, comments on                 shorter time as designated by the Commission. The
                                               this proposed rule change. The                          Exchange has satisfied this requirement.                    17 17   CFR 200.30–3(a)(12).



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Document Created: 2018-02-24 01:00:31
Document Modified: 2018-02-24 01:00:31
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 8306 

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