Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To Amend the Volume Incentive Program, 58307-58309 [2018-25099]
Download as PDF
Federal Register / Vol. 83, No. 223 / Monday, November 19, 2018 / Notices
public regarding the Exchange’s Rules.
It is in the public interest for rules to be
accurate and concise so as to eliminate
the potential for confusion.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
MIAX Options 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 rule change will have no
impact on competition as it is not
designed to address any competitive
issues but rather is designed to add
additional clarity to existing rules and
to make a non-substantive change by
relocating the rules to a different
chapter in the Exchange’s rulebook.
The Exchange does not believe that
the proposed rule change will impose
any burden on intermarket competition
as the Rules apply equally to all
Exchange Members.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor received.
khammond on DSK30JT082PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the 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 8 and Rule 19b–
4(f)(6) thereunder.9
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 10 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 11
permits the Commission to designate a
shorter time if such action is consistent
with the protection of investors and the
public interest. The Exchange has asked
associated with a Trading Permit. Members are
deemed ‘‘members’’ under the Exchange Act. See
Exchange Rule 100.
8 15 U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
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.
10 17 CFR 240.19b–4(f)(6).
11 17 CFR 240.19b–4(f)(6)(iii).
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58307
the Commission to waive the 30-day
operative delay so that the Exchange
may relocate these rules immediately so
as to improve the organization of its
rulebook and to avoid confusion for
market participants reading the rules of
the Exchange’s affiliate, MIAX PEARL.
The Commission believes the waiver of
the operative delay is consistent with
the protection of investors and the
public interest. Accordingly, the
Commission hereby waives the
operative delay and designates the
proposed rule change operative upon
filing.12
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.
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–MIAX–2018–32 and should
be submitted on or before December 10,
2018.
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:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Eduardo A. Aleman,
Assistant Secretary.
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–
MIAX–2018–32 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–MIAX–2018–32. 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
12 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
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[FR Doc. 2018–25096 Filed 11–16–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–84577; File No. SR–CBOE–
2018–068]
Self-Regulatory Organizations; Cboe
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Relating To Amend the
Volume Incentive Program
November 13, 2018.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on November
1, 2018, Cboe Exchange, Inc. (the
‘‘Exchange’’ or ‘‘Cboe Options’’) 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.
13 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\19NON1.SGM
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58308
Federal Register / Vol. 83, No. 223 / Monday, November 19, 2018 / Notices
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Cboe Exchange, Inc. (the ‘‘Exchange’’
or ‘‘Cboe Options’’) proposes to amend
the Volume Incentive Program.
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.
khammond on DSK30JT082PROD with NOTICES
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
Volume Incentive Program (‘‘VIP’’).3 By
way of background, under the Volume
Incentive Program (‘‘VIP’’), the
Exchange credits each Trading Permit
Holder (‘‘TPH’’) the per contract amount
set forth in the VIP table for Public
Customer orders (‘‘C’’ origin code)
transmitted by that TPH (with certain
exceptions) which is executed
electronically on the Exchange,
provided the TPH meets certain volume
thresholds in a month.4 VIP offers both
rates for Complex and Simple orders.
VIP provides however, that a TPH will
only receive the Complex credit rates for
both its Complex AIM and Non-AIM
volume if at least 40% of that TPH’s
qualifying VIP volume (in both AIM and
Non-AIM) in the previous month was
comprised of Simple volume. If the
TPH’s previous month’s volume does
not meet the 40% Simple volume
threshold, then the TPH’s Customer (C)
Complex volume will receive credits at
3 The
proposed VIP amendment will be effective
November 1, 2018 (i.e., November discounts will be
based on October 2018 volume using the proposed
threshold change).
4 See Cboe Options Fees Schedule, Volume
Incentive Program.
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the Simple rate only (i.e., all volume,
both Simple and Complex, will receive
credits at the applicable Simple rate).
The Exchange proposes to reduce the
40% threshold to 38%. The purpose of
the proposed change is to make it
slightly easier for TPHs to obtain the
Complex credits. The Exchange believes
the proposed change will still encourage
TPHs to continue to send both Simple
and Complex volume to the Exchange.
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 the Section
6(b)(5) 6 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,7 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 believes the proposed
amendment to VIP is reasonable because
it makes it slightly easier for TPHs to
meet the qualifying criteria to receive
the Complex credits and notes that no
credit amounts are changing. The
Exchange notes that VIP will continue
to provide an incremental incentive for
TPHs to strive for the highest tier level,
which provides increasingly higher
credits, for both Complex and Simple
volume. The Exchange believes the
proposed change is equitable and not
unfairly discriminatory because the
proposed applies to all TPHs uniformly.
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
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
7 15 U.S.C. 78f(b)(4).
necessary or appropriate in furtherance
of the purposes of the Act. In particular,
the Exchange believes the proposed
change does not impose a burden on
intramarket competition because it
applies uniformly to all TPHs and
continues to incentivize the sending of
more simple and complex orders to the
Exchange, which provides greater
liquidity and trading opportunities.
The Exchange believes that the
proposed rule change will not cause an
unnecessary burden on intermarket
competition because the proposed rule
change only affects trading on the
Exchange. 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.
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.
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
5 15
6 15
PO 00000
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8 15
9 17
Sfmt 4703
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
E:\FR\FM\19NON1.SGM
19NON1
Federal Register / Vol. 83, No. 223 / Monday, November 19, 2018 / Notices
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
CBOE–2018–068 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–2018–068. 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–2018–068 and
should be submitted on or before
December 10, 2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Eduardo A. Aleman,
Assistant Secretary.
khammond on DSK30JT082PROD with NOTICES
[FR Doc. 2018–25099 Filed 11–16–18; 8:45 am]
BILLING CODE 8011–01–P
10 17
CFR 200.30–3(a)(12).
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17:20 Nov 16, 2018
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–84575; File No. SR–
NASDAQ–2018–070]
Self-Regulatory Organizations; The
Nasdaq Stock Market LLC; Notice of
Filing of Amendment Nos. 1, 2, and 3
and Order Granting Accelerated
Approval of a Proposed Rule Change,
as Modified by Amendment Nos. 1, 2,
and 3, to List and Trade Corporate
Non-Convertible Bonds on Nasdaq
November 13, 2018.
I. Introduction
On August 27, 2018, The Nasdaq
Stock Market LLC (‘‘Nasdaq’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’),1 and Rule 19b–4
thereunder,2 a proposed rule change to
list and trade corporate non-convertible
bonds on the Exchange. The proposed
rule change was published for comment
in the Federal Register on September 6,
2018.3 On October 12, 2018, the
Exchange filed Amendment No. 1 to the
proposed rule change.4 On October 16,
2018, pursuant to Section 19(b)(2) of the
Act,5 the Commission designated a
longer period within which to approve
the proposed rule change, disapprove
the proposed rule change, or institute
proceedings to determine whether to
disapprove the proposed rule change.6
On November 7, 2018, the Exchange
filed Amendment No. 2 to the proposed
rule change.7 On November 8, 2018, the
Exchange filed Amendment No. 3 to the
proposed rule change.8 The Commission
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 84001
(August 30, 2018), 83 FR 45289 (‘‘Notice’’).
4 In Amendment No. 1, the Exchange made
clarifying and technical revisions to the proposal,
including to the proposed rule text. The
amendment is available at: https://www.sec.gov/
comments/sr-nasdaq-2018-070/srnasdaq20180704514560-176013.pdf.
5 15 U.S.C. 78s(b)(2).
6 See Securities Exchange Act Release No. 84439,
83 FR 53339 (October 22, 2018). The Commission
designated December 5, 2018, as the date by which
the Commission shall approve or disapprove, or
institute proceedings to determine whether to
disapprove, the proposed rule change.
7 In Amendment No. 2, the Exchange made
additional clarifying and technical revisions to the
proposal, including to the proposed rule text. The
amendment is available at: https://www.sec.gov/
comments/sr-nasdaq-2018-070/srnasdaq20180704629939-176409.pdf.
8 In Amendment No. 3, the Exchange made two
clarifying and technical revisions to the proposal,
including to the proposed rule text. The
amendment is available at: https://www.sec.gov/
comments/sr-nasdaq-2018-070/srnasdaq20180704630086-176412.pdf.
2 17
PO 00000
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58309
received no comment letters on the
proposed rule change. The Commission
is publishing notice of the filing of
Amendment Nos. 1, 2, and 3 to solicit
comment from interested persons and is
approving the proposed rule change, as
modified by Amendment Nos. 1, 2, and
3 on an accelerated basis.
II. Description of the Proposal, as
Modified by Amendment Nos. 1, 2,
and 3
The Exchange proposes to amend its
rules to permit the initial and continued
listing of non-convertible corporate debt
securities (‘‘bonds’’ or ‘‘non-convertible
bonds’’) on Nasdaq and to establish fees
for listing those bonds.9 The Exchange
also proposes to adopt rules to trade
such listed non-convertible bonds.
A. Listing Rules
For the initial listing of a nonconvertible bond, the Exchange
proposes to require that the following
conditions be satisfied: (1) The principal
amount outstanding or market value
must be at least $5 million; 10 and (2) the
issuer of the non-convertible bond must
have one class of equity security that is
listed on the Exchange, the New York
Stock Exchange LLC (‘‘NYSE’’), or NYSE
American LLC (‘‘NYSE American’’).11
The Exchange proposes the following
requirements for the continued listing of
a non-convertible bond: (1) The market
value or principal amount of nonconvertible bonds outstanding is at least
$400,000; 12 and (2) the issuer must be
able to meet its obligations on the listed
non-convertible bonds.13
The Exchange proposes to amend its
current Rule 5810(c)(3) to provide that
the failure of an issuer of a nonconvertible bond to meet the $400,000
public float requirement stipulated
above for a period of 30 consecutive
business days will constitute a
deficiency. In such an event, the
Exchange’s Listings Qualifications
Department will promptly notify the
deficient issuer, and the issuer will have
a period of 180 calendar days from such
notification to regain compliance.
Compliance will be deemed to be
regained by meeting the $400,000 public
9 Nasdaq rules currently provide for the initial
and continued listing of convertible bonds. See
Nasdaq Rule 5515 and 5560.
10 See proposed Rule 5702(a)(1).
11 See proposed Rule 5702(a)(2). The Exchange
anticipates that it will not be ready, prior to the
second quarter of 2019, to list non-convertible
bonds of issuers whose equity securities are listed
on NYSE or NYSE American. The Exchange states
that it will post a notification via a trader alert at
least seven days prior to accepting applications
from issuers to list such non-convertible bonds.
12 See proposed Rule 5702(b)(1).
13 See proposed Rule 5702(b)(2).
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Agencies
[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Notices]
[Pages 58307-58309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25099]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-84577; File No. SR-CBOE-2018-068]
Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
To Amend the Volume Incentive Program
November 13, 2018.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 1, 2018, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') 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.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
[[Page 58308]]
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend the Volume Incentive Program.
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 Exchange proposes to amend the Volume Incentive Program
(``VIP'').\3\ By way of background, under the Volume Incentive Program
(``VIP''), the Exchange credits each Trading Permit Holder (``TPH'')
the per contract amount set forth in the VIP table for Public Customer
orders (``C'' origin code) transmitted by that TPH (with certain
exceptions) which is executed electronically on the Exchange, provided
the TPH meets certain volume thresholds in a month.\4\ VIP offers both
rates for Complex and Simple orders. VIP provides however, that a TPH
will only receive the Complex credit rates for both its Complex AIM and
Non-AIM volume if at least 40% of that TPH's qualifying VIP volume (in
both AIM and Non-AIM) in the previous month was comprised of Simple
volume. If the TPH's previous month's volume does not meet the 40%
Simple volume threshold, then the TPH's Customer (C) Complex volume
will receive credits at the Simple rate only (i.e., all volume, both
Simple and Complex, will receive credits at the applicable Simple
rate). The Exchange proposes to reduce the 40% threshold to 38%. The
purpose of the proposed change is to make it slightly easier for TPHs
to obtain the Complex credits. The Exchange believes the proposed
change will still encourage TPHs to continue to send both Simple and
Complex volume to the Exchange.
---------------------------------------------------------------------------
\3\ The proposed VIP amendment will be effective November 1,
2018 (i.e., November discounts will be based on October 2018 volume
using the proposed threshold change).
\4\ See Cboe Options Fees Schedule, Volume Incentive Program.
---------------------------------------------------------------------------
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 the
Section 6(b)(5) \6\ 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,\7\ 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.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(5).
\7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
The Exchange believes the proposed amendment to VIP is reasonable
because it makes it slightly easier for TPHs to meet the qualifying
criteria to receive the Complex credits and notes that no credit
amounts are changing. The Exchange notes that VIP will continue to
provide an incremental incentive for TPHs to strive for the highest
tier level, which provides increasingly higher credits, for both
Complex and Simple volume. The Exchange believes the proposed change is
equitable and not unfairly discriminatory because the proposed applies
to all TPHs uniformly.
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. In particular, the Exchange
believes the proposed change does not impose a burden on intramarket
competition because it applies uniformly to all TPHs and continues to
incentivize the sending of more simple and complex orders to the
Exchange, which provides greater liquidity and trading opportunities.
The Exchange believes that the proposed rule change will not cause
an unnecessary burden on intermarket competition because the proposed
rule change only affects trading on the Exchange. 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.
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).
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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
[[Page 58309]]
Send an email to [email protected]. Please include
File Number SR-CBOE-2018-068 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-2018-068. 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-2018-068 and should be submitted on
or before December 10, 2018.
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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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-25099 Filed 11-16-18; 8:45 am]
BILLING CODE 8011-01-P