[Federal Register Volume 83, Number 26 (Wednesday, February 7, 2018)]
[Notices]
[Pages 5469-5470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02396]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82614; File No. SR-CboeBZX-2018-006]


Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 
21.1, Definitions, To Adopt a New Time in Force and To Modify an 
Existing Time in Force Applicable to the Exchange's Equity Options 
Platform

February 1, 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 January 25, 2018, Cboe BZX Exchange, Inc. (the ``Exchange'' or 
``BZX'') 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 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with 
the Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 21.1 to adopt a new 
Time in Force and to modify an existing Time in Force applicable to the 
Exchange's equity options platform (``BZX Options'').
    The text of the proposed rule change is available at the Exchange's 
website at www.markets.cboe.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 the most significant parts 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 propose to adopt a new Time in Force under Rule 21.1, 
Definitions. Specifically, the Exchange proposes to adopt the Time in 
Force of ``Good Til Cancelled'', or ``GTC'', which, as proposed shall 
mean, for an order so designated, that if after entry into the System, 
the order is not fully executed, the order (or the unexecuted portion 
thereof) shall remain available for potential display and/or execution 
unless cancelled by the entering party, or until the option expires, 
whichever comes first. The Exchange proposes to adopt the Time in Force 
of GTC in sub-paragraph (f)(4) of Rule 21.1, which is currently 
reserved. The proposed definition of GTC is based on and identical to 
Rule 21.1(f)(4) of the Exchange's affiliate, EDGX.
    The Exchange also proposes to amend sub-paragraph (f)(1) of 
Exchange Rule 21.1, to modify the Good Til Day (or ``GTD'') Time in 
Force. Currently, GTD orders are limited to the specific trading day on 
which they are entered, as the Exchange does not currently offer any 
orders that continue to remain on the Exchange for more than a single 
trading day (i.e., does not carry any orders overnight). Specifically, 
in connection with the adoption of the Time in Force of GTC, the 
Exchange proposes to modify the GTD Time in Force to also allow GTD 
orders to remain in effect past the day on which they were entered, and 
therefore proposes to remove language that refers to the time of 
expiration as needing to be ``during such trading day''. In addition, 
to avoid confusion, the Exchange proposes to modify the name of the GTD 
Time in Force to ``Good Til Date'', which is more reflective of a Time 
in Force that can last for more than one trading day.
    The Exchange does not believe that offering GTD functionality that 
allows orders to remain with the Exchange for more than one trading day 
raises any issues that are not already present with GTC orders. In 
turn, GTC is a common time in force and is typically implemented to 
allow orders to remain for more than one trading day.\5\ The Exchange 
simply has not offered such functionality previously and therefore has 
had specific language reflecting that an expiration time must be during 
the trading day. The Exchange notes that EDGX recently filed to make 
the same change to its definition and functionality related to GTD.\6\ 
The Exchange also notes that a GTD modifier providing a Time in Force 
that could last more than one day has been previously offered by at 
least one equities exchange not affiliated with the Exchange.\7\
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    \5\ See, e.g., C2 Rule 6.10(d)(2).
    \6\ See SR-CboeEDGX-2018-003, filed January 25, 2018, available 
at: https://markets.cboe.com/us/options/regulation/rule_filings/edgx/.
    \7\ See Securities Exchange Act Release No. 75497 (July 21, 
2015), 80 FR 45022 (July 28, 2015) (SR-NYSEArca-2015-56) (notice of 
filing by NYSE Arca describing proposed changes in connection with 
migration of technology to new platform, including retirement of GTD 
modifier).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \8\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \9\ in particular, in that it is designed to promote 
just and equitable principles of trade, 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.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes the proposed amendment will provide 
additional flexibility to Users that wish to enter an order that will 
last past the trading day on which it is entered by allowing such Users 
to either enter an order with the GTC Time in Force, without a specific 
expiration time, or to use the GTD Time in Force to set a specific 
expiration time on an order. As noted above, the Exchange proposes to 
adopt the GTC Time in Force in the near future, which will persist over 
multiple trading days unless cancelled, and believes that the Time in 
Force of GTD should similarly be able to persist over multiple trading 
days. The Exchange believes it could be confusing and inconsistent to 
offer a GTC Time in Force that can persist for longer than a single 
trading day and a GTD Time in Force, which commonly means ``Good Til 
Date'', but that would

[[Page 5470]]

have to expire no later than the end of the trading day on which it was 
entered. As such, the proposed rule change would foster cooperation and 
coordination with persons engaged in facilitating transactions in 
securities and would remove impediments to and perfect the mechanism of 
a free and open market and a national market system.

(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 notes that the 
proposal will promote consistency between the Exchange and its 
affiliated exchange, EDGX Options, by offering the GTC Time in Force. 
The proposed change to GTD is a minor update to an existing Time in 
Force, given the update to the Exchange's technology that will allow 
orders to persist for more than one trading day. The Exchange does not 
believe that the proposed changes will have any direct impact on 
competition. Thus, the Exchange does not believe that the proposal 
creates any significant impact on competition.

(C) Self-Regulatory Organization's Statement on Comments on the 
Proposed Rule Change Received From Members, Participants or Others

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any written comments from members or other interested parties.

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 \10\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's 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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    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, Rule 19b-4(f)(6)(iii) \13\ 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 
the Commission to waive the 30-day operative delay so that the Exchange 
may, as soon as possible, implement the proposed rule change. The 
Exchange notes that the proposal will promote consistency between the 
Exchange and its affiliated exchange, EDGX Options. The Commission 
believes that waiver of the 30-day 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 as operative upon filing.\14\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ 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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    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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) 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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CboeBZX-2018-006 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-CboeBZX-2018-006. 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 (http://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-CboeBZX-2018-006 and should be submitted 
on or before February 28, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-02396 Filed 2-6-18; 8:45 am]
 BILLING CODE 8011-01-P