Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the MDX Fees Schedule, 18802-18805 [2017-08059]

Download as PDF 18802 Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices interest by reducing the number of unsettled trades in the clearance and settlement system at any given time, thereby reducing the risk inherent in settling securities transactions to clearing corporations, their members and public investors. The Exchange also believes that the proposed operative date for the proposed rule change of September 5, 2017 would remove impediments to and perfect the mechanisms of a free and open market and a national market system as it is identical to the compliance date for the amendment to Rule 15c6–1(a) set by the SEC.15 organization consents, the Commission will: A. By order approve or disapprove the proposed rule change, or B. Institute proceedings to determine whether the proposed rule change should be disapproved. B. Self-Regulatory Organization’s Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed change is not designed to address any competitive issue, but rather facilitate the industry’s transition to a T+2 regular way settlement cycle. The Exchange also believes that the proposed rule change will serve to promote clarity and consistency, thereby reducing burdens on the marketplace and facilitating investor protection. Moreover, the proposed rule change is consistent with the SEC’s amendment to Securities Exchange Act Rule 15c6–1(a) to require standard settlement no later than T+2. Accordingly, the Exchange believes that the proposed changes do not impose any burdens on the industry in addition to those necessary to implement amendments to Securities Exchange Act Rule 15c6–1(a) as described and enumerated in the SEC Proposing Release.16 Electronic Comments • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an email to rule-comments@ sec.gov. Please include File Number SR– CHX–2017–06 on the subject line. sradovich on DSK3GMQ082PROD with NOTICES C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 45 days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory 15 See supra note 10. 16 See supra note 9. VerDate Sep<11>2014 17:30 Apr 20, 2017 Jkt 241001 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: Paper Comments • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549–1090. All submissions should refer to File Number SR–CHX–2017–06. 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 Web site (https://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 Web site 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; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–CHX– 2017–06, and should be submitted on or before May 12, 2017. PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.17 Brent J. Fields, Secretary. [FR Doc. 2017–08057 Filed 4–20–17; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–80470; File No. SR–CBOE– 2017–030] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the MDX Fees Schedule April 17, 2017. 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 April 3, 2017, Chicago Board Options Exchange, Incorporated (the ‘‘Exchange’’ or ‘‘CBOE’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change Chicago Board Options Exchange, Incorporated (the ‘‘Exchange’’ or ‘‘CBOE’’) proposes to amend its MDX fees schedule. The text of the proposed rule change is available on the Exchange’s Web site (https:// 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 17 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 1 15 E:\FR\FM\21APN1.SGM 21APN1 Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices 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 the Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to make a number of changes to the Fees Schedule of the Exchange’s affiliate Market Data Express, LLC (‘‘MDX’’). The purpose of the proposed rule change is to amend fees for the Best Bid and Offer (‘‘BBO’’) data feed. This data feed is made available by MDX. sradovich on DSK3GMQ082PROD with NOTICES BBO Data Feed The BBO Data Feed is a real-time data feed that includes the following information: (i) Outstanding quotes and standing orders at the best available price level on each side of the market; (ii) executed trades time, size, and price; (iii) totals of customer versus noncustomer contracts at the BBO; (iv) allor-none contingency orders priced better than or equal to the BBO; (v) expected opening price and expected opening size; (vi) end-of-day summaries by product, including open, high, low, and closing price during the trading session; (vi) recap messages any time there is a change in the open, high, low or last sale price of a listed option; (vii) Complex Order Book (‘‘COB’’) information; and (viii) product IDs and codes for all listed options contracts. The quote and last sale data contained in the BBO data feed is identical to the data sent to the Options Price Reporting Authority for redistribution to the public. Background Fees for the BBO data feed are payable by all ‘‘Customers.’’ A ‘‘Customer’’ is any person, company or other entity that, pursuant to a market data agreement with MDX, is entitled to receive data, either directly from MDX or through an authorized redistributor (i.e., a Customer or an extranet service provider), whether that data is distributed externally or used internally.3 In addition to the BBO Data Fee assessed to Customers, the Exchange assesses reduced ‘‘user fees’’ for entities who access BBO data through a Display Only Service or as a Floor Broker User. In March 2017, the Exchange adopted a fee of $100 per month, per Approved 3 The MDX fee schedule for CBOE data is located at https://www.cboe.org/MDX/CSM/ OBOOKMain.aspx. VerDate Sep<11>2014 17:30 Apr 20, 2017 Jkt 241001 Third-Party Device, for Floor Broker Users accessing the BBO data feed on the Exchange floor.4 An ‘‘Approved Third-Party Device’’ means any computer, workstation or other item of equipment, fixed or portable, that receives, accesses and/or displays data in visual, audible or other form that has been provided by a third-party and that has been approved, by CBOE, for use on the CBOE trading floor. A ‘‘Floor Broker User’’ is a person or entity registered with CBOE as a floor broker pursuant to CBOE Rules. Floor Brokers use the BBO Data Feed primarily to comply with customer priority obligations, such as those outlined in CBOE Rule 6.45 (as mentioned above, the BBO data includes customer contracts at the BBO). Floor Brokers who receive the BBO data feed via Approved Third Party Device are not considered ‘‘Customers’’ of MDX to whom the BBO Data Fee applies (unless the Floor Broker has a separate market data agreement in place with MDX) and accordingly are not charged the BBO Data Fee. Additionally, a third-party vendor of an Approved Third-Party Device is not a Customer unless it has a market data agreement in place with MDX. In addition to Floor Broker User Fees, the Exchange assesses User fees payable for external Display Only Service users (Devices or user IDs of Display Only Service users who receive data from a Customer and are not employees or natural person independent contractors of the Customer, the Customer’s affiliates or an authorized service facilitator). For the purpose of Display Only Service users, a ‘‘Device’’ means any computer, workstation or other item of equipment, fixed or portable, that receives, accesses and/or displays data in visual, audible or other form. Fee Cap The Exchange is proposing Floor Broker User fees be subject to a monthly cap of $1000 per Trading Permit Holder (‘‘TPH’’) firm. The cap will limit the amount of Floor Broker User fees a TPH firm will pay in a calendar month to $1000 in the event said TPH firm accesses the BBO data feed through more than 10 Approved Third-Party Devices. As Floor Broker Users are using the BBO data primarily to meet their priority obligations (and not for proprietary trading purposes), the Exchange believes it is appropriate to limit the amount of Floor Broker User fees to be assessed to a TPH firm. 4 See Securities Exchange Act Release No. 80286 (March 21, 2017), 82 FR 15247 (March 27, 2015) (SR–CBOE–2017–022). PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 18803 By way of example, if a TPH firm accesses the BBO data feed through 14 Approved Third-Party Devices, said TPH firm would currently be assessed Floor Broker User fees of $1400 per month (14 Approved Third-Party Devices × $100 per Approved ThirdParty Device = $1400). Under the proposed cap, the same TPH firm accessing the BBO data feed through 14 Approved Third-Party Devices would be assessed Floor Broker User fees of $1000 per month (14 Approved Third-Party Devices × $100 per Approved ThirdParty Device (subject to a monthly cap of $1000 per TPH firm) = $1000). Additional MDX Fee Schedule Updates The Exchange is proposing a number of additional updates to the MDX fee schedule to clarify certain items as they relate to Floor Broker User fees or User fees for Display Only Users. First, the Exchange is specifying that a Floor Broker User, as defined below, is not a Customer unless it has a market data agreement in place with MDX. In addition, the Exchange is changing the name of ‘‘User fees’’ payable for external Display Only Service Users to ‘‘Display Only User fees’’ in order to reduce confusion with the BBO Data fee or Floor Broker User fees. Finally, the Exchange is deleting language on the MDX schedule stating that ‘‘Floor Broker Users may directly interact with the CBOE Hybrid Order Handling System and view and manipulate data using their Approved Third-Party Devices, but not save, copy, export or transfer the data or any results of a manipulation to any other computer hardware, software or media, except for printing it to paper or other nonmagnetic media’’. The Exchange believes that, as outlined above, ‘‘Floor Broker Users’’ and ‘‘Approved ThirdParty Devices’’ are adequately defined elsewhere in the MDX fee schedule. The Exchange does not believe the deleted language is necessary to further clarify or limit what a Floor Broker User may or may not do with the BBO data it receives via Approved Third-Party Device. Display Only User and Floor Broker User Fee Reporting In addition to the clarifications above, the Exchange is adding language to the MDX schedule to explain the reporting process used to determine applicable Display Only User fees and Floor Broker User fees. With regard to the Display Only User fees, the proposed language states, ‘‘Customers who distribute BBO Data to external users via a Display Only service must report to MDX the number of authorized external devices that E:\FR\FM\21APN1.SGM 21APN1 18804 Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices sradovich on DSK3GMQ082PROD with NOTICES receive BBO data from the Customer during a calendar month within 15 days after such month in the manner and format specified by MDX from time to time to determine applicable fees.’’ With regard to the Floor Broker User fees, the proposed language states, ‘‘Third-party vendors who distribute BBO Data to Floor Broker Users via Approved ThirdParty Devices must report to MDX the number of Approved Third-Party Devices that receive BBO data from such third party vendor during a calendar month within 15 days after such month in the manner and format specified by MDX from time to time to determine applicable fees.’’ Including the reporting processes used to determine applicable Display Only User fees and Floor Broker User fees on the MDX fee schedule will provide greater clarity to both Customers who provide Display Only Services to users and third-party vendors of Approved Third-Party Devices. Furthermore, including the reporting processes will ensure the Exchange accurately charges fees for these services. 2. Statutory Basis The Exchange believes the proposed rule change is consistent with the Securities Exchange Act of 1934 (the ‘‘Act’’) and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act.5 Specifically, the Exchange believes the proposed rule change is consistent with Section 6(b)(4) of the Act,6 which requires that Exchange rules provide for the equitable allocation of reasonable dues, fees, and other charges among its Trading Permit Holders and other persons using its facilities. The Exchange also believes the proposed rule change is consistent with the Section 6(b)(5) 7 requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers. The Exchange believes the proposed Floor Broker User fee cap is equitable and not unfairly discriminatory because it would apply equally to all TPH firms using Approved Third-Party Devices on the Exchange trading floor. Furthermore, the Exchange believes it is reasonable, equitable and not unfairly discriminatory to cap Floor Broker User Fees because Floor Broker Users generally use the data for the limited purpose of meeting their order priority obligations (as opposed to using the data for proprietary trading activity). U.S.C. 78f(b). U.S.C. 78f(b)(4). 7 15 U.S.C. 78f(b)(5). The Exchange believes the additional updates to the MDX fee schedule related to further defining Floor Broker users and the reporting obligations of Customers and third-party vendors of Approved Third Party Devices are designed to add clarity and reduce confusion related to the BBO Data Feed and will therefore lead to the equitable allocation of reasonable dues, fees, and other charges among its TPHs and other persons using its facilities. 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 will institute proceedings to determine whether the proposed rule change should be approved or disapproved. B. Self-Regulatory Organization’s Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed fee cap on Floor Broker User Fees will not have an impact on intramarket competition as it will apply to all TPH firms equally who use more than 10 Approved Third-Party Devices. The other clarifications made to the fee schedule related to further defining Floor Broker users and the reporting obligations of Customers and third-party vendors of Approved Third Party Devices will not have an impact on intramarket competition as they are non-substantive and only designed to add clarity to the fee schedule and reduce confusion among TPHs and other persons accessing the BBO data feed. Furthermore, the Exchange does not believe that the proposed fee cap will cause any unnecessary burden on intermarket competition because the proposed change only affects trading on the Exchange’s trading floor. To the extent that the proposed changes make the Exchange a more attractive marketplace for market participants at other exchanges, such market participants are welcome to become CBOE market participants. 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: 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 The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 8 and paragraph (f) of Rule 19b–4 9 thereunder. At any time within 60 days of the filing of the proposed rule 5 15 6 15 VerDate Sep<11>2014 17:30 Apr 20, 2017 8 15 9 17 Jkt 241001 PO 00000 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f). Frm 00077 Fmt 4703 Sfmt 4703 Electronic Comments • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an email to rule-comments@ sec.gov. Please include File No. SR– CBOE–2017–030 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 No. SR–CBOE–2017–030. 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 Web site (https://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 Web site 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; the Commission does not edit personal identifying information from submissions. You should submit only E:\FR\FM\21APN1.SGM 21APN1 Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices information that you wish to make available publicly. All submissions should refer to File No. SR–CBOE– 2017–030, and should be submitted on or before May 12, 2017. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10 Brent J. Fields, Secretary. [FR Doc. 2017–08059 Filed 4–20–17; 8:45 am] BILLING CODE 8011–01–P Percent Businesses and Small Agricultural Cooperatives Without Credit Available Elsewhere .................. Non-Profit Organizations Without Credit Available Elsewhere ....... 3.125 2.625 The number assigned to this disaster for economic injury is 151060. The States which received an EIDL Declaration # are Oregon, Washington. (Catalog of Federal Domestic Assistance Number 59002) SMALL BUSINESS ADMINISTRATION Dated: April 11, 2017. Linda E. McMahon, Administrator. [Disaster Declaration #15106] [FR Doc. 2017–07792 Filed 4–20–17; 8:45 am] BILLING CODE 8025–01–P Oregon Disaster #OR–00085 Declaration of Economic Injury SMALL BUSINESS ADMINISTRATION U.S. Small Business Administration. ACTION: Notice. AGENCY: This is a notice of an Economic Injury Disaster Loan (EIDL) declaration for the State of Oregon, dated 04/11/2017. Incident: Severe Winter Storm. Incident Period: 01/08/2017 through 01/20/2017. DATES: Effective 04/11/2017. EIDL Loan Application Deadline Date: 01/11/2018. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416. Telephone: (202) 205–6098. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator’s EIDL declaration, applications for economic injury disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Clackamas, Hood River, Multnomah Contiguous Counties: Oregon: Columbia, Marion, Wasco, Washington, Yamhill Washington: Clark, Klickitat, Skamania sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: The Interest Rates are: 10 17 CFR 200.30–3(a)(12). VerDate Sep<11>2014 17:30 Apr 20, 2017 Jkt 241001 Small Business Size Standards: Termination of Nonmanufacturer Rule Class Waiver U.S. Small Business Administration. ACTION: Notice of termination of the class waiver to the nonmanufacturer rule for rubber gloves. AGENCY: The U.S. Small Business Administration (SBA) is terminating a class waiver of the Nonmanufacturer Rule (NMR) for ‘‘Gloves, rubber (e.g., electrician’s, examination, householdtype, surgeon’s), manufacturing’’ based on SBA’s discovery of small business manufacturers. Terminating this waiver will require recipients of Federal contracts (except those valued between $3,500 and $150,000) set aside for small business, service-disabled veteranowned small business (SDVOSB), women-owned small business (WOSB), economically disadvantaged womenowned small business (EDWOSB), or participants in the SBA’s 8(a) Business Development (BD) program, to provide the products of small business manufacturers or processors on such contracts for rubber gloves, unless a Federal Contracting Officer obtains an individual waiver to the NMR. DATES: This action is effective May 8, 2017. SUMMARY: FOR FURTHER INFORMATION CONTACT: Roman Ivey, Program Analyst, by telephone at 202–401–1420; or by email at roman.ivey@sba.gov. SUPPLEMENTARY INFORMATION: Section 8(a)(17) and 46 of the Small Business Act (Act), 15 U.S.C. 637(a)(17) and 657, and SBA’s implementing regulations require that recipients of Federal supply contracts (except those valued between PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 18805 $3,500 and $150,000) set aside for small business, service-disabled veteranowned small business (SDVOSB), women-owned small business (WOSB), economically disadvantaged womenowned small business (EDWOSB), or participants in the SBA’s 8(a) Business Development (BD) program provide the product of a small business manufacturer or processor, if the recipient is other than the actual manufacturer or processor of the product. This requirement is commonly referred to as the Nonmanufacturer Rule (NMR). 13 CFR 121.406(b). Sections 8(a)(17)(B)(iv)(II) and 46(a)(4)(B) of the Act authorize SBA to waive the NMR for a ‘‘class of products’’ for which there are no small business manufacturers or processors available to participate in the Federal market. As implemented in SBA’s regulations at 13 CFR 121.1204(a)(7), SBA will periodically review existing class waivers to the NMR in order to determine whether small business manufacturers or processors have become available to participate in the Federal market. Upon receipt of information that such a small business manufacturer or processor exists, the SBA will announce its intent to terminate the NMR waiver for a class of products. 13 CFR 121.1204(a)(7)(ii). Unless public comment reveals that no small business manufacturer exists for the class of products in question, SBA will publish a final Notice of Termination in the Federal Register. 13 CFR 121.1204(a)(7)(iii). On October 27, 2016, SBA received a request to terminate the current class waiver to the NMR for ‘‘Gloves, rubber (e.g., electrician’s, examination, household-type, surgeon’s), manufacturing’’ under North American Industry Classification System (NAICS) code 339113 (Surgical Appliance and Supplies Manufacturing), Product Service Code (PSC) 9320 (Rubber Fabricated Materials). The requester provided evidence that there is a small business manufacturer that has submitted offers on solicitations for government contracts within the last 24 months. SBA issued a Federal Register notice of its intent to terminate the class waiver on March 14, 2017, 82 FR 13704. In response to this notice, SBA did not receive any comments from the public. As a result of this NMR class waiver termination, under a small business setaside, small business dealers are no longer able to provide the product of an other than small manufacturer on contracts of those types for ‘‘Gloves, rubber (e.g., electrician’s, examination, household-type, surgeon’s), manufacturing,’’ unless a Federal E:\FR\FM\21APN1.SGM 21APN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Notices]
[Pages 18802-18805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08059]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80470; File No. SR-CBOE-2017-030]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the MDX Fees Schedule

April 17, 2017.
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 April 3, 2017, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

Chicago Board Options Exchange, Incorporated (the ``Exchange'' or
``CBOE'') proposes to amend its MDX fees schedule. The text of the
proposed rule change is available on the Exchange's Web site (https://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

[[Page 18803]]

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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
The Exchange proposes to make a number of changes to the Fees
Schedule of the Exchange's affiliate Market Data Express, LLC
(``MDX''). The purpose of the proposed rule change is to amend fees for
the Best Bid and Offer (``BBO'') data feed. This data feed is made
available by MDX.
BBO Data Feed
The BBO Data Feed is a real-time data feed that includes the
following information: (i) Outstanding quotes and standing orders at
the best available price level on each side of the market; (ii)
executed trades time, size, and price; (iii) totals of customer versus
non-customer contracts at the BBO; (iv) all-or-none contingency orders
priced better than or equal to the BBO; (v) expected opening price and
expected opening size; (vi) end-of-day summaries by product, including
open, high, low, and closing price during the trading session; (vi)
recap messages any time there is a change in the open, high, low or
last sale price of a listed option; (vii) Complex Order Book (``COB'')
information; and (viii) product IDs and codes for all listed options
contracts. The quote and last sale data contained in the BBO data feed
is identical to the data sent to the Options Price Reporting Authority
for redistribution to the public.
Background
Fees for the BBO data feed are payable by all ``Customers.'' A
``Customer'' is any person, company or other entity that, pursuant to a
market data agreement with MDX, is entitled to receive data, either
directly from MDX or through an authorized redistributor (i.e., a
Customer or an extranet service provider), whether that data is
distributed externally or used internally.\3\ In addition to the BBO
Data Fee assessed to Customers, the Exchange assesses reduced ``user
fees'' for entities who access BBO data through a Display Only Service
or as a Floor Broker User.
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\3\ The MDX fee schedule for CBOE data is located at https://www.cboe.org/MDX/CSM/OBOOKMain.aspx.
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In March 2017, the Exchange adopted a fee of $100 per month, per
Approved Third-Party Device, for Floor Broker Users accessing the BBO
data feed on the Exchange floor.\4\ An ``Approved Third-Party Device''
means any computer, workstation or other item of equipment, fixed or
portable, that receives, accesses and/or displays data in visual,
audible or other form that has been provided by a third-party and that
has been approved, by CBOE, for use on the CBOE trading floor. A
``Floor Broker User'' is a person or entity registered with CBOE as a
floor broker pursuant to CBOE Rules.
---------------------------------------------------------------------------

\4\ See Securities Exchange Act Release No. 80286 (March 21,
2017), 82 FR 15247 (March 27, 2015) (SR-CBOE-2017-022).
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Floor Brokers use the BBO Data Feed primarily to comply with
customer priority obligations, such as those outlined in CBOE Rule 6.45
(as mentioned above, the BBO data includes customer contracts at the
BBO). Floor Brokers who receive the BBO data feed via Approved Third
Party Device are not considered ``Customers'' of MDX to whom the BBO
Data Fee applies (unless the Floor Broker has a separate market data
agreement in place with MDX) and accordingly are not charged the BBO
Data Fee. Additionally, a third-party vendor of an Approved Third-Party
Device is not a Customer unless it has a market data agreement in place
with MDX.
In addition to Floor Broker User Fees, the Exchange assesses User
fees payable for external Display Only Service users (Devices or user
IDs of Display Only Service users who receive data from a Customer and
are not employees or natural person independent contractors of the
Customer, the Customer's affiliates or an authorized service
facilitator). For the purpose of Display Only Service users, a
``Device'' means any computer, workstation or other item of equipment,
fixed or portable, that receives, accesses and/or displays data in
visual, audible or other form.
Fee Cap
The Exchange is proposing Floor Broker User fees be subject to a
monthly cap of $1000 per Trading Permit Holder (``TPH'') firm. The cap
will limit the amount of Floor Broker User fees a TPH firm will pay in
a calendar month to $1000 in the event said TPH firm accesses the BBO
data feed through more than 10 Approved Third-Party Devices. As Floor
Broker Users are using the BBO data primarily to meet their priority
obligations (and not for proprietary trading purposes), the Exchange
believes it is appropriate to limit the amount of Floor Broker User
fees to be assessed to a TPH firm.
By way of example, if a TPH firm accesses the BBO data feed through
14 Approved Third-Party Devices, said TPH firm would currently be
assessed Floor Broker User fees of $1400 per month (14 Approved Third-
Party Devices x $100 per Approved Third-Party Device = $1400). Under
the proposed cap, the same TPH firm accessing the BBO data feed through
14 Approved Third-Party Devices would be assessed Floor Broker User
fees of $1000 per month (14 Approved Third-Party Devices x $100 per
Approved Third-Party Device (subject to a monthly cap of $1000 per TPH
firm) = $1000).
Additional MDX Fee Schedule Updates
The Exchange is proposing a number of additional updates to the MDX
fee schedule to clarify certain items as they relate to Floor Broker
User fees or User fees for Display Only Users. First, the Exchange is
specifying that a Floor Broker User, as defined below, is not a
Customer unless it has a market data agreement in place with MDX. In
addition, the Exchange is changing the name of ``User fees'' payable
for external Display Only Service Users to ``Display Only User fees''
in order to reduce confusion with the BBO Data fee or Floor Broker User
fees. Finally, the Exchange is deleting language on the MDX schedule
stating that ``Floor Broker Users may directly interact with the CBOE
Hybrid Order Handling System and view and manipulate data using their
Approved Third-Party Devices, but not save, copy, export or transfer
the data or any results of a manipulation to any other computer
hardware, software or media, except for printing it to paper or other
non-magnetic media''. The Exchange believes that, as outlined above,
``Floor Broker Users'' and ``Approved Third-Party Devices'' are
adequately defined elsewhere in the MDX fee schedule. The Exchange does
not believe the deleted language is necessary to further clarify or
limit what a Floor Broker User may or may not do with the BBO data it
receives via Approved Third-Party Device.
Display Only User and Floor Broker User Fee Reporting
In addition to the clarifications above, the Exchange is adding
language to the MDX schedule to explain the reporting process used to
determine applicable Display Only User fees and Floor Broker User fees.
With regard to the Display Only User fees, the proposed language
states, ``Customers who distribute BBO Data to external users via a
Display Only service must report to MDX the number of authorized
external devices that

[[Page 18804]]

receive BBO data from the Customer during a calendar month within 15
days after such month in the manner and format specified by MDX from
time to time to determine applicable fees.'' With regard to the Floor
Broker User fees, the proposed language states, ``Third-party vendors
who distribute BBO Data to Floor Broker Users via Approved Third-Party
Devices must report to MDX the number of Approved Third-Party Devices
that receive BBO data from such third party vendor during a calendar
month within 15 days after such month in the manner and format
specified by MDX from time to time to determine applicable fees.''
Including the reporting processes used to determine applicable Display
Only User fees and Floor Broker User fees on the MDX fee schedule will
provide greater clarity to both Customers who provide Display Only
Services to users and third-party vendors of Approved Third-Party
Devices. Furthermore, including the reporting processes will ensure the
Exchange accurately charges fees for these services.
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\5\ Specifically, the
Exchange believes the proposed rule change is consistent with Section
6(b)(4) of the Act,\6\ which requires that Exchange rules provide for
the equitable allocation of reasonable dues, fees, and other charges
among its Trading Permit Holders and other persons using its
facilities. The Exchange also believes the proposed rule change is
consistent with the Section 6(b)(5) \7\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(4).
\7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

The Exchange believes the proposed Floor Broker User fee cap is
equitable and not unfairly discriminatory because it would apply
equally to all TPH firms using Approved Third-Party Devices on the
Exchange trading floor. Furthermore, the Exchange believes it is
reasonable, equitable and not unfairly discriminatory to cap Floor
Broker User Fees because Floor Broker Users generally use the data for
the limited purpose of meeting their order priority obligations (as
opposed to using the data for proprietary trading activity).
The Exchange believes the additional updates to the MDX fee
schedule related to further defining Floor Broker users and the
reporting obligations of Customers and third-party vendors of Approved
Third Party Devices are designed to add clarity and reduce confusion
related to the BBO Data Feed and will therefore lead to the equitable
allocation of reasonable dues, fees, and other charges among its TPHs
and other persons using its facilities.

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

The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed fee cap on
Floor Broker User Fees will not have an impact on intramarket
competition as it will apply to all TPH firms equally who use more than
10 Approved Third-Party Devices. The other clarifications made to the
fee schedule related to further defining Floor Broker users and the
reporting obligations of Customers and third-party vendors of Approved
Third Party Devices will not have an impact on intramarket competition
as they are non-substantive and only designed to add clarity to the fee
schedule and reduce confusion among TPHs and other persons accessing
the BBO data feed.
Furthermore, the Exchange does not believe that the proposed fee
cap will cause any unnecessary burden on intermarket competition
because the proposed change only affects trading on the Exchange's
trading floor. To the extent that the proposed changes make the
Exchange a more attractive marketplace for market participants at other
exchanges, such market participants are welcome to become CBOE 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

The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \8\ and paragraph (f) of Rule 19b-4 \9\
thereunder. 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 will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File No. SR-CBOE-2017-030 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 No. SR-CBOE-2017-030. 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 Web site (https://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 Web site 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; the Commission does
not edit personal identifying information from submissions. You should
submit only

[[Page 18805]]

information that you wish to make available publicly. All submissions
should refer to File No. SR-CBOE-2017-030, and should be submitted on
or before May 12, 2017.

For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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\10\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2017-08059 Filed 4-20-17; 8:45 am]
BILLING CODE 8011-01-P

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