Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Select Customer Options Reduction Program, 17203-17205 [2018-08055]
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Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Notices
that the proposed rule change will result
in any burden on competition that is not
necessary or appropriate in furtherance
of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Board did not solicit comment on
the proposed change. Therefore, there
are no comments on the proposed rule
change received from members,
participants or others.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 14 and Rule 19b–
4(f)(6) thereunder.15
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.
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 Number SR–
MSRB–2018–02 on the subject line.
amozie on DSK30RV082PROD with NOTICES
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549.
All submissions should refer to File
Number SR–MSRB–2018–02. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
14 15
15 17
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
VerDate Sep<11>2014
17:31 Apr 17, 2018
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (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 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 MSRB. 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–MSRB–2018–02 and should
be submitted on or before May 9, 2018.
For the Commission, pursuant to delegated
authority.16
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–08052 Filed 4–17–18; 8:45 am]
on the Commission’s website at
www.sec.gov.
MATTERS TO BE CONSIDERED: The
Commission staff will host a roundtable
on the market structure for thinly-traded
exchange-listed securities. The
roundtable is open to the public and the
public is invited to submit written
comments. This Sunshine Act notice is
being issued because a majority of the
Commission may attend the roundtable.
The agenda for the roundtable will
focus on the challenges faced by
participants in the market for thinlytraded exchange-listed securities, and
potential improvements that might be
considered to the market structure for
these securities.
CONTACT PERSON FOR MORE INFORMATION:
For further information, please contact
Brent J. Fields from the Office of the
Secretary at (202) 551–5400.
Dated: April 16, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018–08254 Filed 4–16–18; 4:15 pm]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–83041; File No. SR–CBOE–
2018–027]
Self-Regulatory Organizations; Cboe
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Relating to the Select
Customer Options Reduction Program
April 12, 2018.
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meetings
Notice is hereby given,
pursuant to the provisions of the
Government in the Sunshine Act, Public
Law 94–409, that the Securities and
Exchange Commission staff will hold a
public roundtable on Monday, April 23,
2018 at 9:30 a.m.
TIME AND DATE:
The roundtable will be held in
Multi-Purpose Room LL–006 at the
Commission’s headquarters, 100 F
Street NE, Washington, DC.
PLACE:
The roundtable will begin at
9:30 a.m. and will be open to the public.
Seating will be on a first-come, firstserved basis. Doors will open at 9:00
a.m. Visitors will be subject to security
checks. The roundtable will be webcast
STATUS:
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 2,
2018, Cboe Exchange, Inc. (the
‘‘Exchange’’ or ‘‘Cboe Options’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change a 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
The Exchange proposes to amend the
Select Customer Options Reduction
program.
The text of the proposed rule change
is also available on the Exchange’s
1 15
16 17
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PO 00000
CFR 200.30–3(a)(12).
Frm 00066
Fmt 4703
17203
Sfmt 4703
2 17
E:\FR\FM\18APN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
18APN1
17204
Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Notices
website (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
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
amozie on DSK30RV082PROD with NOTICES
The Exchange proposes to amend the
Select Customer Options Reduction
program (‘‘SCORe’’).3 By way of
background, SCORe is a recently
adopted discount program for Retail ,4
Non-FLEX Customer (‘‘C’’ origin code)
volume in the following options classes:
SPX (including SPXW), VIX, RUT,
MXEA, MXEF & XSP (‘‘Qualifying
Classes’’). The SCORe program is
available to any Trading Permit Holder
(‘‘TPH’’) Originating Clearing Firm or
non-TPH Originating Clearing Firm that
sign up for the program.5 The SCORe
program currently utilizes two measures
for participation and discounts: (1) The
Qualifying Tiers, which determine
whether a firm qualifies for the
discounts in either Tier A or Tier B and
(2) the Discount Tiers, which determine
the Originating Firm’s applicable
discount tiers and corresponding
discounts. The Exchange proposes to
3 The proposed SCORe amendment will be
effective April 1, 2018 (i.e., April discounts will be
based on March 2018 volume using the proposed
threshold change).
4 For purposes of the program ‘‘Retail’’ orders will
be defined as Customer orders for which the
original order size (in the case of a simple order)
or largest leg size (in the case of a complex order)
is 100 contracts or less.
5 For this program, an ‘‘Originating Clearing
Firm’’ is defined as either (a) the executing clearing
Options Clearing Corporation (‘‘OCC’’) number on
any transaction which does not also include a
Clearing Member Trading Agreement (‘‘CMTA’’)
OCC clearing number or (b) the CMTA in the case
of any transaction which does include a CMTA
OCC clearing number.
VerDate Sep<11>2014
17:31 Apr 17, 2018
Jkt 244001
amend the lower threshold for Tier B of
the Qualifying Tiers.
To determine an Originating Firm’s
Qualifying Tier, the Originating Firm’s
total Retail volume in the Qualifying
Classes is divided by the Originating
Firm’s total Customer volume, Retail
and non-Retail, in the Qualifying
Classes. Currently if an Originating
Firm’s Retail volume is between 35.00%
and 69.99%, the Originating Firm will
qualify for Tier B discounts. If an
Originating Firm’s Retail volume is at or
above 70.00%, the Originating Firm will
qualify for Tier A discounts. The
Qualifying Tier that is applied in a
given month is based on an Originating
Firm’s Retail volume in the prior month
(e.g., an Originating Firm’s volume in
January determines which Qualifying
Tier applies in February). The Exchange
proposes to amend the lower threshold
to qualify for Tier B. Particularly, the
Exchange proposes to lower the 35.00%
threshold to 20.00% such that in order
to qualify for Tier B discounts, an
Originating Firm’s Retail volume would
need to be between 20.00% and 69.99%.
The purpose of the proposed change is
to adjust for current volume trends and
make it easier for Originating Firms to
obtain discounts.
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.6 Specifically,
the Exchange believes the proposed rule
change is consistent with the Section
6(b)(5) 7 requirements that the rules of
an exchange be designed to prevent
fraudulent and manipulative acts and
practices, to promote just and equitable
principles of trade, to foster cooperation
and coordination with persons engaged
in regulating, clearing, settling,
processing information with respect to,
and facilitating transactions in
securities, to remove impediments to
and perfect the mechanism of a free and
open market and a national market
system, and, in general, to protect
investors and the public interest.
Additionally, the Exchange believes the
proposed rule change is consistent with
Section 6(b)(4) of the Act,8 which
requires that Exchange rules provide for
the equitable allocation of reasonable
dues, fees, and other charges among its
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
8 15 U.S.C. 78f(b)(4).
7 15
Frm 00067
Fmt 4703
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 because,
while the discounts apply only to
Customer orders from Originating
Firms, the Program is designed to
encourage increased Customer options
volume in the Qualifying Classes, which
provides greater trading opportunities
for all market participants. Additionally,
there is a history in the options markets
of providing preferential treatment to
Customers orders. The Exchange notes
that the proposed change applies to all
Originating Firms uniformly. The
Exchange believes that the proposed
rule change will not cause an
unnecessary burden on intermarket
competition because the Qualifying
Classes are products that only trade on
Cboe Options. 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 Options 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.
6 15
PO 00000
Trading Permit Holders and other
persons using its facilities.
The Exchange believes the proposed
amendment to SCORe is reasonable
because it adjusts for current volume
trends and makes it easier for Customers
orders from Originating Firms that
register for the program to meet the
qualifying threshold and receive the
corresponding discount. The Exchange
notes that SCORe will continue to
provide an incremental incentive for
Originating Firms to strive for the
highest tier level, which provides
increasingly higher discounts. The
proposed rule change is designed to
encourage increased Retail volume in
the Qualifying Classes, which provides
increased volume and greater trading
opportunities for all market
participants. The Exchange believes the
proposed change is equitable and not
unfairly discriminatory because the
qualifying volume thresholds apply to
all registered Originating Firms
uniformly. The Exchange also notes that
the rates set forth in the Discount Tiers
are not changing.
Sfmt 4703
E:\FR\FM\18APN1.SGM
18APN1
Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Notices
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 9 and paragraph (f) of Rule
19b–4 10 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.
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:
amozie on DSK30RV082PROD with NOTICES
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–
CBOE–2018–027 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–CBOE–2018–027. 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 (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 website viewing and
printing in the Commission’s Public
9 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
10 17
VerDate Sep<11>2014
17:31 Apr 17, 2018
Jkt 244001
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–CBOE–2018–027 and
should be submitted on or before May
9, 2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–08055 Filed 4–17–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–83044; File No. 4–631]
Joint Industry Plan; Order Approving
the Seventeenth Amendment to the
National Market System Plan To
Address Extraordinary Market
Volatility by Cboe BZX Exchange, Inc.,
Cboe BYX Exchange, Inc., Cboe EDGA
Exchange, Inc., Cboe EDGX Exchange,
Inc., Chicago Stock Exchange, Inc.,
Financial Industry Regulatory
Authority, Inc., Investors Exchange
LLC, NASDAQ BX, Inc., NASDAQ PHLX
LLC, The Nasdaq Stock Market LLC,
NYSE National, Inc., New York Stock
Exchange LLC, NYSE American LLC,
and NYSE Arca, Inc.
April 12, 2018.
I. Introduction
On February 26, 2018, NYSE Group,
Inc., on behalf of the other parties 1 to
the National Market System Plan to
Address Extraordinary Market Volatility
(the ‘‘Plan’’), filed with the Securities
and Exchange Commission
(‘‘Commission’’) pursuant to Section
11A of the Securities Exchange Act of
11 17
CFR 200.30–3(a)(12).
BZX Exchange, Inc., Cboe BYX Exchange,
Inc., Cboe EDGA Exchange, Inc., Cboe EDGX
Exchange, Inc., Chicago Stock Exchange, Inc., the
Financial Industry Regulatory Authority, Inc.
(‘‘FINRA’’), Investors Exchange LLC, NASDAQ BX,
Inc., NASDAQ PHLX LLC, The NASDAQ Stock
Market LLC (‘‘Nasdaq’’), New York Stock Exchange
LLC (‘‘NYSE’’), NYSE Arca, Inc., NYSE National
Inc., and NYSE American LLC (collectively, the
‘‘Participants’’).
1 Cboe
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
17205
1934 (‘‘Act’’) 2 and Rule 608
thereunder,3 a proposal to amend the
Plan.4 The proposal represents the
seventeenth amendment to the Plan,
and reflects proposed changes
unanimously approved by the
Participants (‘‘Seventeenth
Amendment’’). The proposed
Seventeenth Amendment was published
for comment in the Federal Register on
March 21, 2018.5 The Commission
received no comment letters regarding
the amendment. This order approves the
Seventeenth Amendment to the Plan as
proposed.
II. Description of the Proposal
In the Seventeenth Amendment, the
Participants propose to extend the pilot
period of the Plan from April 16, 2018
to April 15, 2019.
III. Discussion and Commission
Findings
The Commission finds that the
Seventeenth Amendment is consistent
with the requirements of the Act and the
rules and regulations thereunder.
Specifically, the Commission finds that
the Seventeenth Amendment is
consistent with Section 11A of the Act 6
and Rule 608 thereunder 7 in that it is
appropriate in the public interest, for
the protection of investors and the
maintenance of fair and orderly markets,
and that it removes impediments to, and
perfects the mechanism of, a national
market system.
The Participants propose to extend
the pilot period for an additional year to
April 15, 2019. As the Participants note,
the twelfth and thirteenth amendments
to the Plan 8 as well as the associated
amendments to the Primary Listing
Exchanges’ 9 reopening procedures were
implemented on November 20, 2017.
The Participants state that an extension
of the pilot period would provide
additional time for the public, the
Participants, and the Commission to
assess the impact of modifications from
the twelfth and thirteenth amendments
2 15
U.S.C. 78k–1.
CFR 242.608.
4 See Letter from Elizabeth King, General Counsel
and Corporate Secretary, NYSE, to Brent Fields,
Secretary, Commission, dated February 23, 2018.
(‘‘Transmittal Letter’’).
5 See Securities Exchange Act Release No. 82888
(March 15, 2018), 83 FR 12432.
6 15 U.S.C. 78k–1.
7 17 CFR 242.608.
8 See Securities Exchange Act Release Nos. 79845
(January 19, 2017), 82 FR 8551 (January 26, 2017)
(approving the twelfth amendment to the Plan),
80455 (April 13, 2017), 82 FR 18519 (April 19,
2017) (approving the thirteenth amendment to the
Plan).
9 Unless otherwise specified, the terms used
herein have the same meaning as set forth in the
Plan.
3 17
E:\FR\FM\18APN1.SGM
18APN1
Agencies
[Federal Register Volume 83, Number 75 (Wednesday, April 18, 2018)]
[Notices]
[Pages 17203-17205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08055]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-83041; File No. SR-CBOE-2018-027]
Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
to the Select Customer Options Reduction Program
April 12, 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 April 2, 2018, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe
Options'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change a 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.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend the Select Customer Options
Reduction program.
The text of the proposed rule change is also available on the
Exchange's
[[Page 17204]]
website (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 Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend the Select Customer Options
Reduction program (``SCORe'').\3\ By way of background, SCORe is a
recently adopted discount program for Retail ,\4\ Non-FLEX Customer
(``C'' origin code) volume in the following options classes: SPX
(including SPXW), VIX, RUT, MXEA, MXEF & XSP (``Qualifying Classes'').
The SCORe program is available to any Trading Permit Holder (``TPH'')
Originating Clearing Firm or non-TPH Originating Clearing Firm that
sign up for the program.\5\ The SCORe program currently utilizes two
measures for participation and discounts: (1) The Qualifying Tiers,
which determine whether a firm qualifies for the discounts in either
Tier A or Tier B and (2) the Discount Tiers, which determine the
Originating Firm's applicable discount tiers and corresponding
discounts. The Exchange proposes to amend the lower threshold for Tier
B of the Qualifying Tiers.
---------------------------------------------------------------------------
\3\ The proposed SCORe amendment will be effective April 1, 2018
(i.e., April discounts will be based on March 2018 volume using the
proposed threshold change).
\4\ For purposes of the program ``Retail'' orders will be
defined as Customer orders for which the original order size (in the
case of a simple order) or largest leg size (in the case of a
complex order) is 100 contracts or less.
\5\ For this program, an ``Originating Clearing Firm'' is
defined as either (a) the executing clearing Options Clearing
Corporation (``OCC'') number on any transaction which does not also
include a Clearing Member Trading Agreement (``CMTA'') OCC clearing
number or (b) the CMTA in the case of any transaction which does
include a CMTA OCC clearing number.
---------------------------------------------------------------------------
To determine an Originating Firm's Qualifying Tier, the Originating
Firm's total Retail volume in the Qualifying Classes is divided by the
Originating Firm's total Customer volume, Retail and non-Retail, in the
Qualifying Classes. Currently if an Originating Firm's Retail volume is
between 35.00% and 69.99%, the Originating Firm will qualify for Tier B
discounts. If an Originating Firm's Retail volume is at or above
70.00%, the Originating Firm will qualify for Tier A discounts. The
Qualifying Tier that is applied in a given month is based on an
Originating Firm's Retail volume in the prior month (e.g., an
Originating Firm's volume in January determines which Qualifying Tier
applies in February). The Exchange proposes to amend the lower
threshold to qualify for Tier B. Particularly, the Exchange proposes to
lower the 35.00% threshold to 20.00% such that in order to qualify for
Tier B discounts, an Originating Firm's Retail volume would need to be
between 20.00% and 69.99%. The purpose of the proposed change is to
adjust for current volume trends and make it easier for Originating
Firms to obtain discounts.
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.\6\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \7\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with
Section 6(b)(4) of the Act,\8\ 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.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f(b).
\7\ 15 U.S.C. 78f(b)(5).
\8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
The Exchange believes the proposed amendment to SCORe is reasonable
because it adjusts for current volume trends and makes it easier for
Customers orders from Originating Firms that register for the program
to meet the qualifying threshold and receive the corresponding
discount. The Exchange notes that SCORe will continue to provide an
incremental incentive for Originating Firms to strive for the highest
tier level, which provides increasingly higher discounts. The proposed
rule change is designed to encourage increased Retail volume in the
Qualifying Classes, which provides increased volume and greater trading
opportunities for all market participants. The Exchange believes the
proposed change is equitable and not unfairly discriminatory because
the qualifying volume thresholds apply to all registered Originating
Firms uniformly. The Exchange also notes that the rates set forth in
the Discount Tiers are not changing.
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 because, while the discounts
apply only to Customer orders from Originating Firms, the Program is
designed to encourage increased Customer options volume in the
Qualifying Classes, which provides greater trading opportunities for
all market participants. Additionally, there is a history in the
options markets of providing preferential treatment to Customers
orders. The Exchange notes that the proposed change applies to all
Originating Firms uniformly. The Exchange believes that the proposed
rule change will not cause an unnecessary burden on intermarket
competition because the Qualifying Classes are products that only trade
on Cboe Options. 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 Options
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.
[[Page 17205]]
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 \9\ and paragraph (f) of Rule 19b-4 \10\
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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\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f).
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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 [email protected]. Please include
File Number SR-CBOE-2018-027 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-CBOE-2018-027. 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 (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 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-CBOE-2018-027 and should be submitted on
or before May 9, 2018.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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\11\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-08055 Filed 4-17-18; 8:45 am]
BILLING CODE 8011-01-P