Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Content of the Cboe One Feed Under Rule 11.22(i) to Identify the Primary Listing Market's Official Opening and Closing Price, 38956-38958 [2020-13869]
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38956
Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Notices
A. By order approve or disapprove
such proposed rule change, or
B. institute proceedings to determine
whether the proposed rule change
should be disapproved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.30
J. Matthew DeLesDernier,
Assistant Secretary.
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:
[FR Doc. 2020–13875 Filed 6–26–20; 8:45 am]
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–2020–055 on the subject line.
Self-Regulatory Organizations; Cboe
BYX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Amend the
Content of the Cboe One Feed Under
Rule 11.22(i) to Identify the Primary
Listing Market’s Official Opening and
Closing Price
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–2020–055. 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–2020–055 and
should be submitted on or before July
20, 2020.
VerDate Sep<11>2014
20:25 Jun 26, 2020
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BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–89125; File No. SR–
CboeBYX–2020–018]
June 23, 2020.
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 June 10,
2020, Cboe BYX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BYX’’) filed with the
Securities and Exchange Commission
(the ‘‘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 BYX Exchange, Inc. (‘‘BYX’’ or
the ‘‘Exchange’’) is filing with the
Securities and Exchange Commission
(the ‘‘Commission’’) a proposed rule
change to amend the content of the Cboe
One Feed under Rule 11.22(i) to identify
the primary listing market’s official
opening and closing price. The text of
the proposed rule change is provided in
Exhibit 5.
The text of the proposed rule change
is also available on the Exchange’s
website (https://markets.cboe.com/us/
equities/regulation/rule_filings/byx/), at
the Exchange’s Office of the Secretary,
and at the Commission’s Public
Reference Room.
30 17
CFR 200.30–3(a)(12).
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).
1 15
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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
content of the Cboe One Feed under
Rule 11.22(i) to identify the primary
listing market’s official opening and
closing price.
The Cboe One Feed is a data feed that
disseminates, on a real-time basis, the
aggregate best bid and offer (‘‘BBO’’) of
all displayed orders for securities traded
on BYX and its affiliated exchanges.5
Among other things, the Cboe One Feed
also includes consolidated volume for
all listed equity securities regardless of
where the transaction was executed and
the Cboe One Opening Price and the
Cboe One Closing Price.6
Now, in addition to the information
currently provided in the Cboe One
Feed, the Exchange is proposing to
include the primary listing market’s
official opening and closing price for all
listed equity securities as obtained
directly from the securities information
5 BYX’s affiliated exchanges are the Cboe BZX
Exchange, Inc. (‘‘BZX’’), Cboe EDGA Exchange, Inc.
(‘‘EDGA’’), and Cboe EDGX Exchange, Inc.
(‘‘EDGX’’, and together with BYX, BZX, and EDGA,
the ‘‘Cboe Equity Exchanges’’). See Securities
Exchange Act Release No. 73918 (December 23,
2014), 79 FR 78920 (December 31, 2014) (File Nos.
SR–EDGX–2014–25; SR–EDGA–2014–25; SR–
BATS–2014–055; SR–BYX–2014–030) (Notice of
Amendments No. 2 and Order Granting Accelerated
Approval to Proposed Rule Changes, as Modified by
Amendments Nos. 1 and 2, to Establish a New
Market Data Product called the Cboe (formerly Bats)
One Feed) (‘‘Cboe One Approval Order’’).
6 For securities listed on Cboe BZX Exchange, Inc.
(‘‘BZX’’), the Cboe One Opening Price shall be the
BZX Official Opening Price as defined in BZX Rule
11.23(a)(5) and the Cboe One Closing Price shall be
the BZX Official Closing Price as defined in BZX
Rule 11.23(a)(3). For securities not listed on BZX,
the Cboe One Opening Price shall be the first last
sale eligible trade that occurred on the Exchange or
any of its affiliates after 9:30 a.m. Eastern Time, and
the Cboe One Closing Price shall be the final last
sale eligible trade to occur on the Exchange or any
of its affiliates prior to 4:00 p.m. Eastern Time. See
Exchange Rule 11.22(i).
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Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Notices
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processors. Such information would
supplement the existing consolidated
volume and Cboe One Opening/Closing
Price information included in the Cboe
One Feed by providing additional
consolidated trade information. The
official opening and closing price for all
listed equity securities would be
disseminated via the Cboe One Feed
after the Consolidated Tape Association
(‘‘CTA’’) and Unlisted Trading
Privileges (‘‘UTP’’) Plan Securities
Information Processor (‘‘SIP’’) delay
period, which is currently 15 minutes.
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.7 Specifically,
the Exchange believes the proposed rule
change is consistent with the Section
6(b)(5) 8 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. The
Exchange also believes that the
proposed rule change is consistent with
Section 11(A) of the Act 9 in that it
supports (1) fair competition among
brokers and dealers, among exchange
markets, and between exchange markets
and markets other than exchange
markets and (2) the availability to
brokers, dealers, and investors of
information with respect to quotations
for and transactions in securities.
Furthermore, the proposed rule change
is consistent with Rule 603 of
Regulation NMS,10 which provides that
any national securities exchange that
distributes information with respect to
quotations for or transactions in an NMS
stock do so on terms that are not
unreasonably discriminatory. In
adopting Regulation NMS, the
Commission granted self-regulatory
organizations and broker-dealers
increased authority and flexibility to
offer new and unique market data
products to the public. It was believed
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
9 15 U.S.C. 78k–1.
10 See 17 CFR 242.603.
8 15
20:25 Jun 26, 2020
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. Rather, the
Exchange believes that the proposed
rule change will enhance competition
because it would enable the Exchange to
11 Specifically, the NYSE BQT (Best Quote and
Trade) proprietary feed includes the primary listing
market’s official opening and closing price. See
https://www.nyse.com/publicdocs/nyse/data/
NYSE_BQT_Client_Specification_v2.3a.pdf.
7 15
VerDate Sep<11>2014
that this authority would expand the
amount of data available to consumers,
and also spur innovation and
competition for the provision of market
data.
The proposed rule change is designed
to promote just and equitable principles
of trade and remove impediments to and
perfect the mechanism of a free and
open market and a national market
system by identifying the primary
listing market’s official opening and
closing price. Significant volumes
typically occur in the primary listing
market auctions, and the prices derived
from those auctions are used as a
reference price for various other
instruments, including options and
exchange-traded products. Therefore,
official opening and closing price
information would provide meaningful
information to investors. The Exchange
also believes this proposal is consistent
with Section 6(b)(5) of the Act because
it protects investors and the public
interest and promotes just and equitable
principles of trade by providing
investors with new options for receiving
such information. The Exchange also
notes that the primary listing market’s
official opening and closing price is
currently included in a competing
market data products offered by the
New York Stock Exchange (‘‘NYSE’’).11
Therefore, the Exchange believes the
proposed rule change removes
impediments to and perfects the
mechanism of a free and open market
and a national market system, and, in
general, protects investors and the
public interest as it would provide an
additional avenue for investors to
receive this information from a
competing product. The proposal would
not permit unfair discrimination
because the primary listing market’s
official opening and closing price will
be available to all of the Exchange’s
customers and market data vendors on
an equivalent basis. In addition, any
customer that wishes to receive this
information via a different source will
be able to do so.
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38957
include primary listing market’s official
opening and closing price as part of the
Cboe One Feed, thereby enabling it to
better compete with similar market data
products currently offered by NYSE that
include such information.12 The
Exchange is not the exclusive
distributor of the primary listing
market’s official opening and closing
price, and a vendor seeking to offer a
similar product that includes this
information would be able to do so on
the same terms as the Exchange.
Specifically, a competing vendor could
receive the primary listing market’s
official opening and closing price from
the securities information processors
and include that information as part of
their market data products to be
disseminated to customers pursuant to
the same terms and policies as the
Exchange.13 Therefore, the Exchange
believes the inclusion of the primary
listing market’s official opening and
closing price in the Cboe One Feed
would not impose any burden on
competition not necessary or
appropriate in furtherance of the
purposes of the Act.
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) 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
12 Id.
13 See CTA Consolidated Volume Display Policy
with FAQ, supra note 7.
14 15 U.S.C. 78s(b)(3)(A).
15 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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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
change should be approved or
disapproved.
submissions should refer to File
Number SR–CboeBYX–2020–018, and
should be submitted on or before July
20, 2020.
equities/regulation/rule_filings/bzx/), at
the Exchange’s Office of the Secretary,
and at the Commission’s Public
Reference Room.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
J. Matthew DeLesDernier,
Assistant Secretary.
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.
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:
[FR Doc. 2020–13869 Filed 6–26–20; 8:45 am]
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–
CboeBYX–2020–018 on the subject line.
Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Amend the
Content of the Cboe One Feed Under
Rule 11.22(j) to Identify the Primary
Listing Market’s Official Opening and
Closing Price
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–CboeBYX–2020–018. 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
VerDate Sep<11>2014
20:25 Jun 26, 2020
Jkt 250001
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–89126; File No. SR–
CboeBZX–2020–050]
June 23, 2020.
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 June 10,
2020, Cboe BZX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BZX’’) filed with the
Securities and Exchange Commission
(the ‘‘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 BZX Exchange, Inc. (‘‘BZX’’ or
the ‘‘Exchange’’) is filing with the
Securities and Exchange Commission
(the ‘‘Commission’’) a proposed rule
change to amend the content of the Cboe
One Feed under Rule 11.22(j) to identify
the primary listing market’s official
opening and closing price. The text of
the proposed rule change is provided in
Exhibit 5.
The text of the proposed rule change
is also available on the Exchange’s
website (https://markets.cboe.com/us/
16 17
CFR 200.30–3(a)(12).
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).
1 15
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Sfmt 4703
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
content of the Cboe One Feed under
Rule 11.22(j) to identify the primary
listing market’s official opening and
closing price. Additionally, the
Exchange proposes to amend Rules
11.22(i) and (j) to make an administerial
change so that the Rules reference Cboe
rather than Bats.
The Cboe One Feed is a data feed that
disseminates, on a real-time basis, the
aggregate best bid and offer (‘‘BBO’’) of
all displayed orders for securities traded
on BZX and its affiliated exchanges.5
Among other things, the Cboe One Feed
also includes consolidated volume for
all listed equity securities regardless of
where the transaction was executed and
the Cboe One Opening Price and the
Cboe One Closing Price.6
5 BZX’s affiliated exchanges are the Cboe BYX
Exchange, Inc. (‘‘BYX’’), Cboe EDGA Exchange, Inc.
(‘‘EDGA’’), and Cboe EDGX Exchange, Inc.
(‘‘EDGX’’, and together with BZX, BYX, and EDGA,
the ‘‘Cboe Equity Exchanges’’). See Securities
Exchange Act Release No. 73918 (December 23,
2014), 79 FR 78920 (December 31, 2014) (File Nos.
SR–EDGX–2014–25; SR–EDGA–2014–25; SR–
BATS–2014–055; SR–BYX–2014–030) (Notice of
Amendments No. 2 and Order Granting Accelerated
Approval to Proposed Rule Changes, as Modified by
Amendments Nos. 1 and 2, to Establish a New
Market Data Product called the Cboe (formerly Bats)
One Feed) (‘‘Cboe One Approval Order’’).
6 For securities listed on Cboe BZX Exchange, Inc.
(‘‘BZX’’), the Cboe One Opening Price shall be the
BZX Official Opening Price as defined in BZX Rule
11.23(a)(5) and the Cboe One Closing Price shall be
the BZX Official Closing Price as defined in BZX
Rule 11.23(a)(3). For securities not listed on BZX,
the Cboe One Opening Price shall be the first last
sale eligible trade that occurred on the Exchange or
any of its affiliates after 9:30 a.m. Eastern Time, and
the Cboe One Closing Price shall be the final last
sale eligible trade to occur on the Exchange or any
E:\FR\FM\29JNN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 125 (Monday, June 29, 2020)]
[Notices]
[Pages 38956-38958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13869]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-89125; File No. SR-CboeBYX-2020-018]
Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
the Content of the Cboe One Feed Under Rule 11.22(i) to Identify the
Primary Listing Market's Official Opening and Closing Price
June 23, 2020.
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 June 10, 2020, Cboe BYX Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission (the
``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 BYX Exchange, Inc. (``BYX'' or the ``Exchange'') is filing
with the Securities and Exchange Commission (the ``Commission'') a
proposed rule change to amend the content of the Cboe One Feed under
Rule 11.22(i) to identify the primary listing market's official opening
and closing price. The text of the proposed rule change is provided in
Exhibit 5.
The text of the proposed rule change is also available on the
Exchange's website (https://markets.cboe.com/us/equities/regulation/rule_filings/byx/), 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 content of the Cboe One Feed
under Rule 11.22(i) to identify the primary listing market's official
opening and closing price.
The Cboe One Feed is a data feed that disseminates, on a real-time
basis, the aggregate best bid and offer (``BBO'') of all displayed
orders for securities traded on BYX and its affiliated exchanges.\5\
Among other things, the Cboe One Feed also includes consolidated volume
for all listed equity securities regardless of where the transaction
was executed and the Cboe One Opening Price and the Cboe One Closing
Price.\6\
---------------------------------------------------------------------------
\5\ BYX's affiliated exchanges are the Cboe BZX Exchange, Inc.
(``BZX''), Cboe EDGA Exchange, Inc. (``EDGA''), and Cboe EDGX
Exchange, Inc. (``EDGX'', and together with BYX, BZX, and EDGA, the
``Cboe Equity Exchanges''). See Securities Exchange Act Release No.
73918 (December 23, 2014), 79 FR 78920 (December 31, 2014) (File
Nos. SR-EDGX-2014-25; SR-EDGA-2014-25; SR-BATS-2014-055; SR-BYX-
2014-030) (Notice of Amendments No. 2 and Order Granting Accelerated
Approval to Proposed Rule Changes, as Modified by Amendments Nos. 1
and 2, to Establish a New Market Data Product called the Cboe
(formerly Bats) One Feed) (``Cboe One Approval Order'').
\6\ For securities listed on Cboe BZX Exchange, Inc. (``BZX''),
the Cboe One Opening Price shall be the BZX Official Opening Price
as defined in BZX Rule 11.23(a)(5) and the Cboe One Closing Price
shall be the BZX Official Closing Price as defined in BZX Rule
11.23(a)(3). For securities not listed on BZX, the Cboe One Opening
Price shall be the first last sale eligible trade that occurred on
the Exchange or any of its affiliates after 9:30 a.m. Eastern Time,
and the Cboe One Closing Price shall be the final last sale eligible
trade to occur on the Exchange or any of its affiliates prior to
4:00 p.m. Eastern Time. See Exchange Rule 11.22(i).
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Now, in addition to the information currently provided in the Cboe
One Feed, the Exchange is proposing to include the primary listing
market's official opening and closing price for all listed equity
securities as obtained directly from the securities information
[[Page 38957]]
processors. Such information would supplement the existing consolidated
volume and Cboe One Opening/Closing Price information included in the
Cboe One Feed by providing additional consolidated trade information.
The official opening and closing price for all listed equity securities
would be disseminated via the Cboe One Feed after the Consolidated Tape
Association (``CTA'') and Unlisted Trading Privileges (``UTP'') Plan
Securities Information Processor (``SIP'') delay period, which is
currently 15 minutes.
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.\7\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \8\ 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. The Exchange
also believes that the proposed rule change is consistent with Section
11(A) of the Act \9\ in that it supports (1) fair competition among
brokers and dealers, among exchange markets, and between exchange
markets and markets other than exchange markets and (2) the
availability to brokers, dealers, and investors of information with
respect to quotations for and transactions in securities. Furthermore,
the proposed rule change is consistent with Rule 603 of Regulation
NMS,\10\ which provides that any national securities exchange that
distributes information with respect to quotations for or transactions
in an NMS stock do so on terms that are not unreasonably
discriminatory. In adopting Regulation NMS, the Commission granted
self-regulatory organizations and broker-dealers increased authority
and flexibility to offer new and unique market data products to the
public. It was believed that this authority would expand the amount of
data available to consumers, and also spur innovation and competition
for the provision of market data.
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\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
\9\ 15 U.S.C. 78k-1.
\10\ See 17 CFR 242.603.
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The proposed rule change is designed to promote just and equitable
principles of trade and remove impediments to and perfect the mechanism
of a free and open market and a national market system by identifying
the primary listing market's official opening and closing price.
Significant volumes typically occur in the primary listing market
auctions, and the prices derived from those auctions are used as a
reference price for various other instruments, including options and
exchange-traded products. Therefore, official opening and closing price
information would provide meaningful information to investors. The
Exchange also believes this proposal is consistent with Section 6(b)(5)
of the Act because it protects investors and the public interest and
promotes just and equitable principles of trade by providing investors
with new options for receiving such information. The Exchange also
notes that the primary listing market's official opening and closing
price is currently included in a competing market data products offered
by the New York Stock Exchange (``NYSE'').\11\ Therefore, the Exchange
believes the proposed rule change removes impediments to and perfects
the mechanism of a free and open market and a national market system,
and, in general, protects investors and the public interest as it would
provide an additional avenue for investors to receive this information
from a competing product. The proposal would not permit unfair
discrimination because the primary listing market's official opening
and closing price will be available to all of the Exchange's customers
and market data vendors on an equivalent basis. In addition, any
customer that wishes to receive this information via a different source
will be able to do so.
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\11\ Specifically, the NYSE BQT (Best Quote and Trade)
proprietary feed includes the primary listing market's official
opening and closing price. See https://www.nyse.com/publicdocs/nyse/data/NYSE_BQT_Client_Specification_v2.3a.pdf.
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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. Rather, the Exchange
believes that the proposed rule change will enhance competition because
it would enable the Exchange to include primary listing market's
official opening and closing price as part of the Cboe One Feed,
thereby enabling it to better compete with similar market data products
currently offered by NYSE that include such information.\12\ The
Exchange is not the exclusive distributor of the primary listing
market's official opening and closing price, and a vendor seeking to
offer a similar product that includes this information would be able to
do so on the same terms as the Exchange. Specifically, a competing
vendor could receive the primary listing market's official opening and
closing price from the securities information processors and include
that information as part of their market data products to be
disseminated to customers pursuant to the same terms and policies as
the Exchange.\13\ Therefore, the Exchange believes the inclusion of the
primary listing market's official opening and closing price in the Cboe
One Feed would not impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Act.
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\12\ Id.
\13\ See CTA Consolidated Volume Display Policy with FAQ, supra
note 7.
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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) of the Act \14\ and Rule 19b-
4(f)(6) thereunder.\15\
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\14\ 15 U.S.C. 78s(b)(3)(A).
\15\ 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
[[Page 38958]]
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 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
Send an email to [email protected]. Please include
File Number SR-CboeBYX-2020-018 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-CboeBYX-2020-018. 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-CboeBYX-2020-018, and should be
submitted on or before July 20, 2020.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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\16\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-13869 Filed 6-26-20; 8:45 am]
BILLING CODE 8011-01-P
