Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To Expand the Types of Messages That Users May Submit Into Bulk Order Ports, 47384-47386 [2018-20307]
Download as PDF
47384
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / 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–
BX–2018–043 on the subject line.
Paper Comments
amozie on DSK3GDR082PROD with NOTICES1
• 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–BX–2018–043. 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–BX–2018–043 and should
be submitted on or before October 10,
2018.
For the Commission, by the Division
of Trading and Markets, pursuant to
delegated authority.13
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–20308 Filed 9–18–18; 8:45 am]
BILLING CODE 8011–01–P
13 17
17:09 Sep 18, 2018
[Release No. 34–84117; File No. SR–C2–
2018–019]
Self-Regulatory Organizations; Cboe
C2 Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Relating To Expand the
Types of Messages That Users May
Submit Into Bulk Order Ports
September 13, 2018
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on
September 5, 2018, Cboe C2 Exchange,
Inc. (‘‘Exchange’’ or ‘‘C2’’) 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 filed the
proposal as a ‘‘non-controversial’’
proposed rule change pursuant to
Section 19(b)(3)(A)(iii) of the Act 3 and
Rule 19b–4(f)(6) thereunder.4 The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Cboe C2 Exchange, Inc. (the
‘‘Exchange’’ or ‘‘C2’’) proposes to
expand the types of messages that Users
may submit into bulk order ports. The
text of the proposed rule change is
provided below.
(additions are italicized; deletions are
[bracketed])
*
*
*
*
*
Cboe C2 Exchange, Inc.
Rules
*
*
*
*
*
Rule 1.1. Definitions
*
*
*
*
*
Port
The term ‘‘port’’ includes the
following types of ports:
(a)–(b) No change.
(c) A ‘‘bulk order port’’ is a dedicated
logical port that provides Users with the
ability to submit single and bulk order
messages to enter, modify, or cancel
auction responses or orders designated
as Post Only Orders with a Time-in1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
2 17
CFR 200.30–3(a)(12).
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COMMISSION
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Force of Day or GTD with an expiration
time on that trading day.
*
*
*
*
*
The text of the proposed rule change
is also available on the Exchange’s
website (https://www.cboe.com/
AboutCBOE/CBOELegal
RegulatoryHome.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 proposed rule change expands
the types of messages that Users may
submit into bulk order ports. A bulk
order port is a dedicated logical port
that provides Users with the ability to
submit single and bulk order messages
to enter, modify, or cancel orders
designated as Post Only Orders 5 with a
Time-in-Force of DAY 6 or GTD 7 with
an expiration time on that trading day.
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. The Exchange currently
limits the use of bulk order ports to
5 A ‘‘Post Only’’ order is an order the System
ranks and executes pursuant to Rule 6.12, subjects
to the Price Adjust process pursuant to Rule 6.12,
or cancels or rejects (including if it is not subject
to the Price Adjust process and locks or cross a
Protected Quotation of another exchange), as
applicable (in accordance with User instructions),
except the order may not remove liquidity from the
Book or route away to another exchange. See Rule
1.1 (paragraph (h) of definition of Order
Instruction).
6 An order designated as ‘‘Day’’ means an order
that, if not executed, expires at market close. See
Rule 1.1 (definition of Time-in-Force).
7 An order designated as ‘‘GTD’’ means an order
that, if after entry into the System, is not fully
executed, remains available for potential display or
execution until a date and time specified by the
entering User unless cancelled by the entering User.
See Rule 1.1 (definition of Time-in-Force).
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Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices
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these orders to limit the use of these
ports to liquidity provision. The
primary purpose of bulk order ports is
to encourage Users, and Market-Makers
in particular, to quote on the Exchange.
As a general matter, however, the
overall purpose of bulk order ports is to
allow Users to bundle multiple
instructions in a single message and
provide all Users (not just MarketMakers) with an efficient way to provide
liquidity on the Exchange.
The proposed rule change permits
Users to submit auction responses into
bulk order ports, in addition to Post
Only Orders with a Time-in-Force of
Day or GTD with an expiration time on
that trading day. The Exchange
currently offers one auction mechanism,
the Complex Order Auction (‘‘COA’’),
which provides Users with additional
execution opportunities and potential
price improvement for their complex
orders.8 When the Exchange initiates a
COA, it disseminates a message that
contains the relevant information about
the auction order.9 The purpose of this
message is to encourage Users to
provide liquidity against which the
auctioned order may trade. Users submit
this liquidity in the form of auction
responses. Like Post Only Orders with
a Time-in-Force of Day or GTD with an
expiration time on the applicable
trading day, auction responses will not
remove liquidity from the Exchange
order book or route to another options
exchange. Auction responses are
similarly available for execution for a
limited time period. Unexecuted
auction responses are cancelled at the
end of the auction, and thus do not last
beyond the auction to which they were
submitted.10 Because the purpose of
auction responses is to provide
liquidity, which is the purpose of bulk
order ports, the Exchange believes it is
appropriate to permit Users to submit
auction responses into bulk order ports.
Orders submitted to the Exchange
through all ports are subject to various
parameters, such as price reasonability
checks and volume restrictions.11 These
parameters may be configured either by
the Exchange or the Member. Orders are
also subject to other validation checks
and processes before execution, entry
into the book, or cancellation. Examples
of such validation checks include
validating an order’s Capacity, Time-in8 See Rule 6.13(d). COA auctions eligible complex
orders for execution and potential price
improvement.
9 See Rule 6.13(d)(1) (the Exchange initiates the
COA process by sending a COA auction message).
10 See Rule 6.13(d)(2)(C) and (4)(D).
11 See, e.g., Rule 6.14 and technical specifications
available at https://markets.cboe.com/us/options/
support/technical/.
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17:09 Sep 18, 2018
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Force, Order Instructions, and routing
options. While orders submitted
through bulk order ports pass through
these same validation checks and
processes, they are not subject to
parameters such as routing options and
are restricted to one order instruction
and two Time-in-Force options. As a
result, the System can perform these
validation checks with respect to orders
submitted through bulk order ports in a
more efficient manner.
Pursuant to Exchange technical
specifications 12 and Fees Schedule,13
the order messages per second that a
User may submit through a non-bulk
order port is smaller than the order
messages per second that a User may
submit through a bulk order port. The
Exchange understands from certain
Trading Permit Holders that they may
restrict the number of auction response
messages they submit to avoid having to
obtain additional ports. The Exchange
believes permitting Users to submit
auction responses through bulk order
ports will encourage Users to provide
increased liquidity to auction
mechanisms in a more cost-efficient
manner. While bulk order ports have a
higher monthly cost, the higher order
message/second rate may ultimately be
more cost-efficient than a User having to
obtain multiple additional non-bulk
ports to accommodate the submission of
auction responses. Additionally, Users
that have both bulk and non-bulk order
ports would be able to increase their
submission of auction responses
without additional monthly fees.14
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.15 Specifically,
the Exchange believes the proposed rule
change is consistent with the Section
6(b)(5) 16 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,
12 These technical specifications are available at
https://markets.cboe.com/us/options/support/
technical/.
13 See C2 Fees Schedule, Logical Connectivity
Fees, available at https://markets.cboe.com/us/
options/membership/fee_schedule/ctwo/.
14 The Exchange notes certain Market-Makers
currently only have bulk order ports, and thus are
unable to provide liquidity to auction mechanisms
without obtaining additional non-bulk order ports.
15 15 U.S.C. 78f(b).
16 15 U.S.C. 78f(b)(5).
PO 00000
Frm 00058
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47385
processing information with respect to,
and facilitating transactions in
securities, to remove impediments to
and perfect the mechanism of a free and
open market and a national market
system, and, in general, to protect
investors and the public interest.
Additionally, the Exchange believes the
proposed rule change is consistent with
the Section 6(b)(5) 17 requirement that
the rules of an exchange not be designed
to permit unfair discrimination between
customers, issuers, brokers, or dealers.
In particular, the Exchange believes
the proposed rule change protects
investors and the public interest
because it provides all Users with an
efficient process to enter and update
auction responses. Like quoting, auction
responses are a critical form of liquidity
on the Exchange. Auction mechanisms
and the execution and price
improvement opportunities they
provide are dependent on auction
responses submitted during the
auctions. Permitting Users to submit
auction responses into bulk order ports
is consistent with the purpose of these
ports and have a similar purpose as the
orders that Users are currently
permitted to enter into bulk order ports.
The Exchange believes the proposed
rule change may encourage the
provision of additional liquidity in
auctions, which will provide additional
execution and price improvement
opportunities to auctioned orders,
which ultimately benefit investors.
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 does not believe the proposed
rule change will impose any burden on
intramarket competition, as the use of
bulk order ports and the proposed
functionality is voluntary and available
to all Users of the Exchange. Bulk order
entry functionality is available to all
Users of the Exchange, as is the
proposed functionality to submit
auction responses into bulk order ports.
Users may already submit auction
responses to the Exchange using other
types of ports—the proposed rule
change merely provides Users of the
Exchange with an additional method to
submit auction responses to the
Exchange. The Exchange does not
believe the proposed rule change will
have any direct impact on intermarket
competition, as the proposed rule
change relates solely to the manner in
17 Id.
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Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices
which Users may submit auction
responses into auctions occurring on the
Exchange.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange neither solicited nor
received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (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 18 and
subparagraph (f)(6) of Rule 19b–4
thereunder.19
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
C2–2018–019 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–C2–2018–019. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (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–C2–2018–019 and should
be submitted on or before October 10,
2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.20
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–20307 Filed 9–18–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–84113; File No. SR–MRX–
2018–27]
Self-Regulatory Organizations; Nasdaq
MRX, LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Relocate the
Exchange’s Schedule of Fees
September 13, 2018
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on August
31, 2018, Nasdaq MRX, LLC (‘‘MRX’’ or
‘‘Exchange’’) 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 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 (a) relocate
the MRX Schedule of Fees and current
Rule 209 to the Exchange’s rulebook’s
(‘‘Rulebook’’) shell structure,3 and (b)
make conforming cross-reference
changes throughout the Rulebook.
The text of the proposed rule change
is available on the Exchange’s website at
https://nasdaqmrx.cchwallstreet.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
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 In 2017, the Exchange added a shell structure to
its Rulebook with the purpose of improving
efficiency and readability and to align its rules
closer to those of its five sister exchanges, The
Nasdaq Stock Market LLC; Nasdaq BX, Inc.; Nasdaq
PHLX LLC; Nasdaq GEMX, LLC; and Nasdaq ISE,
LLC (‘‘Affiliated Exchanges’’). See Securities
Exchange Act Release No. 82172 (November 29,
2017), 82 FR 57495 (December 5, 2017) (SR–MRX–
2017–26).
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2 17
18 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
give the Commission written notice of its intent to
file the proposed rule change, along with a brief
description and text of the proposed rule change,
at least five business days prior to the date of filing
of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange
has satisfied this requirement.
19 17
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E:\FR\FM\19SEN1.SGM
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Agencies
[Federal Register Volume 83, Number 182 (Wednesday, September 19, 2018)]
[Notices]
[Pages 47384-47386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20307]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-84117; File No. SR-C2-2018-019]
Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
To Expand the Types of Messages That Users May Submit Into Bulk Order
Ports
September 13, 2018
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 5, 2018, Cboe C2 Exchange, Inc. (``Exchange'' or ``C2'')
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 filed the proposal as
a ``non-controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(iii).
\4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
Cboe C2 Exchange, Inc. (the ``Exchange'' or ``C2'') proposes to
expand the types of messages that Users may submit into bulk order
ports. The text of the proposed rule change is provided below.
(additions are italicized; deletions are [bracketed])
* * * * *
Cboe C2 Exchange, Inc.
Rules
* * * * *
Rule 1.1. Definitions
* * * * *
Port
The term ``port'' includes the following types of ports:
(a)-(b) No change.
(c) A ``bulk order port'' is a dedicated logical port that provides
Users with the ability to submit single and bulk order messages to
enter, modify, or cancel auction responses or orders designated as Post
Only Orders with a Time-in-Force of Day or GTD with an expiration time
on that trading day.
* * * * *
The text of the proposed rule change is also available on the
Exchange's 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 proposed rule change expands the types of messages that Users
may submit into bulk order ports. A bulk order port is a dedicated
logical port that provides Users with the ability to submit single and
bulk order messages to enter, modify, or cancel orders designated as
Post Only Orders \5\ with a Time-in-Force of DAY \6\ or GTD \7\ with an
expiration time on that trading day. 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. The Exchange currently limits the use of bulk order
ports to
[[Page 47385]]
these orders to limit the use of these ports to liquidity provision.
The primary purpose of bulk order ports is to encourage Users, and
Market-Makers in particular, to quote on the Exchange. As a general
matter, however, the overall purpose of bulk order ports is to allow
Users to bundle multiple instructions in a single message and provide
all Users (not just Market-Makers) with an efficient way to provide
liquidity on the Exchange.
---------------------------------------------------------------------------
\5\ A ``Post Only'' order is an order the System ranks and
executes pursuant to Rule 6.12, subjects to the Price Adjust process
pursuant to Rule 6.12, or cancels or rejects (including if it is not
subject to the Price Adjust process and locks or cross a Protected
Quotation of another exchange), as applicable (in accordance with
User instructions), except the order may not remove liquidity from
the Book or route away to another exchange. See Rule 1.1 (paragraph
(h) of definition of Order Instruction).
\6\ An order designated as ``Day'' means an order that, if not
executed, expires at market close. See Rule 1.1 (definition of Time-
in-Force).
\7\ An order designated as ``GTD'' means an order that, if after
entry into the System, is not fully executed, remains available for
potential display or execution until a date and time specified by
the entering User unless cancelled by the entering User. See Rule
1.1 (definition of Time-in-Force).
---------------------------------------------------------------------------
The proposed rule change permits Users to submit auction responses
into bulk order ports, in addition to Post Only Orders with a Time-in-
Force of Day or GTD with an expiration time on that trading day. The
Exchange currently offers one auction mechanism, the Complex Order
Auction (``COA''), which provides Users with additional execution
opportunities and potential price improvement for their complex
orders.\8\ When the Exchange initiates a COA, it disseminates a message
that contains the relevant information about the auction order.\9\ The
purpose of this message is to encourage Users to provide liquidity
against which the auctioned order may trade. Users submit this
liquidity in the form of auction responses. Like Post Only Orders with
a Time-in-Force of Day or GTD with an expiration time on the applicable
trading day, auction responses will not remove liquidity from the
Exchange order book or route to another options exchange. Auction
responses are similarly available for execution for a limited time
period. Unexecuted auction responses are cancelled at the end of the
auction, and thus do not last beyond the auction to which they were
submitted.\10\ Because the purpose of auction responses is to provide
liquidity, which is the purpose of bulk order ports, the Exchange
believes it is appropriate to permit Users to submit auction responses
into bulk order ports.
---------------------------------------------------------------------------
\8\ See Rule 6.13(d). COA auctions eligible complex orders for
execution and potential price improvement.
\9\ See Rule 6.13(d)(1) (the Exchange initiates the COA process
by sending a COA auction message).
\10\ See Rule 6.13(d)(2)(C) and (4)(D).
---------------------------------------------------------------------------
Orders submitted to the Exchange through all ports are subject to
various parameters, such as price reasonability checks and volume
restrictions.\11\ These parameters may be configured either by the
Exchange or the Member. Orders are also subject to other validation
checks and processes before execution, entry into the book, or
cancellation. Examples of such validation checks include validating an
order's Capacity, Time-in-Force, Order Instructions, and routing
options. While orders submitted through bulk order ports pass through
these same validation checks and processes, they are not subject to
parameters such as routing options and are restricted to one order
instruction and two Time-in-Force options. As a result, the System can
perform these validation checks with respect to orders submitted
through bulk order ports in a more efficient manner.
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\11\ See, e.g., Rule 6.14 and technical specifications available
at https://markets.cboe.com/us/options/support/technical/.
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Pursuant to Exchange technical specifications \12\ and Fees
Schedule,\13\ the order messages per second that a User may submit
through a non-bulk order port is smaller than the order messages per
second that a User may submit through a bulk order port. The Exchange
understands from certain Trading Permit Holders that they may restrict
the number of auction response messages they submit to avoid having to
obtain additional ports. The Exchange believes permitting Users to
submit auction responses through bulk order ports will encourage Users
to provide increased liquidity to auction mechanisms in a more cost-
efficient manner. While bulk order ports have a higher monthly cost,
the higher order message/second rate may ultimately be more cost-
efficient than a User having to obtain multiple additional non-bulk
ports to accommodate the submission of auction responses. Additionally,
Users that have both bulk and non-bulk order ports would be able to
increase their submission of auction responses without additional
monthly fees.\14\
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\12\ These technical specifications are available at https://markets.cboe.com/us/options/support/technical/.
\13\ See C2 Fees Schedule, Logical Connectivity Fees, available
at https://markets.cboe.com/us/options/membership/fee_schedule/ctwo/.
\14\ The Exchange notes certain Market-Makers currently only
have bulk order ports, and thus are unable to provide liquidity to
auction mechanisms without obtaining additional non-bulk order
ports.
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2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\15\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \16\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \17\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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\15\ 15 U.S.C. 78f(b).
\16\ 15 U.S.C. 78f(b)(5).
\17\ Id.
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In particular, the Exchange believes the proposed rule change
protects investors and the public interest because it provides all
Users with an efficient process to enter and update auction responses.
Like quoting, auction responses are a critical form of liquidity on the
Exchange. Auction mechanisms and the execution and price improvement
opportunities they provide are dependent on auction responses submitted
during the auctions. Permitting Users to submit auction responses into
bulk order ports is consistent with the purpose of these ports and have
a similar purpose as the orders that Users are currently permitted to
enter into bulk order ports. The Exchange believes the proposed rule
change may encourage the provision of additional liquidity in auctions,
which will provide additional execution and price improvement
opportunities to auctioned orders, which ultimately benefit investors.
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 does not
believe the proposed rule change will impose any burden on intramarket
competition, as the use of bulk order ports and the proposed
functionality is voluntary and available to all Users of the Exchange.
Bulk order entry functionality is available to all Users of the
Exchange, as is the proposed functionality to submit auction responses
into bulk order ports. Users may already submit auction responses to
the Exchange using other types of ports--the proposed rule change
merely provides Users of the Exchange with an additional method to
submit auction responses to the Exchange. The Exchange does not believe
the proposed rule change will have any direct impact on intermarket
competition, as the proposed rule change relates solely to the manner
in
[[Page 47386]]
which Users may submit auction responses into auctions occurring on the
Exchange.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (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 \18\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\19\
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\18\ 15 U.S.C. 78s(b)(3)(A)(iii).
\19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule 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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-C2-2018-019 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to File Number SR-C2-2018-019. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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-C2-2018-019 and should be submitted on
or before October 10, 2018.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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\20\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-20307 Filed 9-18-18; 8:45 am]
BILLING CODE 8011-01-P