3240 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices 

15See Securities Exchange Act Release No. 81145, 

82 FR 33533 (July 20, 2017). 

16PEARL filed Amendment No. 1 to its proposed 

rule change on August 22, 2017. On August 24, 

2017, PEARL withdrew Amendment No. 1 and 

replaced it with Amendment No. 2. 

17MIAX filed Amendment No. 1 to its proposed 

rule change on August 22, 2017 and withdrew and 

replaced it with Amendment No. 2 on the same day. 

On August 24, 2017, MIAX withdrew Amendment 

No. 2 and replaced it with Amendment No. 3. 

18 15 U.S.C. 78s(b)(2)(B). 

19See Securities Exchange Act Release No. 81499, 

82 FR 42168 (September 6, 2017) (‘‘OIP’’). 

20Seven substantive comment letters were 

submitted in response to the OIP. See letters from 

Manisha Kimmel, Chief Regulatory Officer, Wealth 

Management, Thomson Reuters, dated September 

27, 2017; William H. Herbert, Managing Director, 

FIF, dated September 29, 2017; Ellen Greene, 

Managing Director and Theodore R. Lazo, Managing 

Director and Associate General Counsel, SIFMA, 

dated September 29, 2017; Brant K. Brown, 

Associate General Counsel, FINRA, dated October 

11, 2017; William H. Herbert, Managing Director, 

FIF, dated November 2, 2017; Michael Simon, CAT 

NMS Plan Operating Committee Chair, dated 

November 2, 2017; and Manisha Kimmel, Chief 

Regulatory Officer, Wealth Management, Thomson 

Reuters, dated December 18, 2017. An eighth letter 

in response to the OIP requested additional time to 

submit comments on the proposed rule changes. 

See letter from William H. Herbert, Managing 

Director, FIF, dated September 27, 2017. The ninth 

comment letter was submitted solely to File 

Number SR–Phlx–2017–43. See letter from Michael 

Kitlas, dated November 14, 2017. 

21See Securities Exchange Act Release No. 82135, 

82 FR 56287 (November 28, 2017). 

22 17 CFR 200.30–3(a)(12). 

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). 

2017, the Commission extended the 

time period for Commission action on 

all of the Systems Retirement Proposals 

to August 30, 2017.15

On August 24, 2017, BOX submitted 

Amendment No. 1 to its proposed rule 

change, IEX submitted Amendment No. 

1 to its proposed rule change, PEARL 

submitted Amendment No. 2 to its 

proposed rule change,16 and MIAX 

submitted Amendment No. 3 to its 

proposed rule change.17 On August 25, 

2017, Bats BZX submitted Amendment 

No. 1 to its proposed rule change, Bats 

EDGX submitted Amendment No. 1 to 

its proposed rule change, BX submitted 

Amendment No. 2 to its proposed rule 

change, C2 submitted Amendment No. 1 

to its proposed rule change, CBOE 

submitted Amendment No. 1 to its 

proposed rule change, FINRA submitted 

Amendment No. 1 to its proposed rule 

change, ISE submitted Amendment No. 

2 to its proposed rule change, NASDAQ 

submitted Amendment No. 2 to its 

proposed rule change, NYSE submitted 

Amendment No. 1 to its proposed rule 

change, NYSE Arca submitted 

Amendment No. 1 to each of its 

proposed rule changes, NYSE MKT 

submitted Amendment No. 1 to each of 

its proposed rule changes, and Phlx 

submitted Amendment No. 2 to its 

proposed rule change. 

On August 30, 2017, the Commission 

instituted proceedings under Section 

19(b)(2)(B) of the Act 18 to determine 

whether to approve or disapprove the 

proposed rule changes, as modified by 

the respective amendments thereto.19

Since then, the Commission has 

received nine additional comment 

letters on the proposed rule changes, 

including a response from FINRA and a 

response from the CAT NMS Plan 

Operating Committee Chair on behalf of 

Bats BZX, Bats EDGX, BOX, C2, CBOE, 

IEX, ISE, MIAX, NASDAQ, BX, Phlx, 

NYSE, NYSE Arca, NYSE MKT, and 

PEARL.20 On November 21, 2017, the 

Commission extended the time period 

for approving or disapproving the 

proposed rule changes, as modified by 

the respective amendments thereto, for 

an additional 60 days until January 27, 

2018.21

On January 9, 2018, MIAX and PEAL 

withdrew their proposed rule changes 

(File Numbers SR–MIAX–2017–20; SR– 

PEARL–2017–23). On January 10, 2018, 

Bats BZX, Bats EDGX, C2, CBOE, and 

IEX withdrew their proposed rule 

changes (File Numbers SR–BatsBZX– 

2017–37; SR–BatsEDGX–2017–23; SR– 

C2–2017–018; SR–CBOE–2017–041; 

SR–IEX–2017–18). On January 11, 2018, 

BOX withdrew its proposed rule change 

(File Number SR–BOX–2017–17). On 

January 12, 2018, FINRA, ISE, 

NASDAQ, BX, and Phlx withdrew their 

proposed rule changes (File Numbers 

SR–FINRA–2017–013; SR–ISE–2017–46; 

SR–NASDAQ–2017–055; SR–BX–2017– 

027; SR–PHLX–2017–43). On January 

16, 2018, NYSE withdrew its proposed 

rule change (File Number SR–NYSE– 

2017–23), and NYSE Arca and NYSE 

MKT each withdrew both of their 

proposed rule changes (File Numbers 

SR–NYSEArca–017–57; SR–NYSEArca– 

2017–59; SR–NYSEMKT–2017–29; SR– 

NYSEMKT–2017–30). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.22

Eduardo A. Aleman, 

Assistant Secretary. 

[FR Doc. 2018–01095 Filed 1–22–18; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–82512; File No. SR– 

CboeBYX–2018–001] 

Self-Regulatory Organizations; Cboe 

BYX Exchange, Inc.; Notice of Filing 

and Immediate Effectiveness of a 

Proposed Rule Change To Harmonize 

the Definition of Non-Professional User 

in Its Fee Schedule With That of Its 

Affiliates 

January 17, 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 8, 

2018, 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 has 

designated this proposal as a ‘‘noncontroversial’’ 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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange filed a proposal to 

amend the Market Data section of its fee 

schedule to harmonize the definition of 

‘‘Non-Professional User’’ with that of its 

affiliates, Cboe Exchange, Inc. (‘‘Cboe’’) 

and Cboe C2 Exchange, Inc. (‘‘C2’’). 

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 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices 3241 

5See Securities Exchange Act Release No. 79585 

(December 16, 2016), 82 FR 6961 (December 22, 

2016) (SR–BatsEDGX–2016–60; SR–BatsEDGA– 

2016–24; SR–BatsBYX–2017–29; and SR–BatsBYX– 

2016–68). 

6See the Cboe fee schedule available at https:// 

www.cboe.org/general-info/pdfframed?content=/ 

publish/mdxfees/cboe-cds-fees-schedule-for-cboedatafeeds.pdf§ion=SEC_MDX_CSM&title=

Cboe%20CDS%20Fees%20Schedule and the C2 fee 

schedule available at https://www.cboe.org/generalinfo/pdfframed?content=/publish/mdxfees/c2-cdsfees-schedule.pdf§ion=SEC_MDX_CSM&title=

C2%20CDS%20Fees%20Schedule. 

7 15 U.S.C. 78f. 

8 15 U.S.C. 78f(b)(5). 

9 15 U.S.C. 78s(b)(3)(A)(iii). 

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 proposes to amend the 

Market Data section of its fee schedule 

to harmonize the definition of ‘‘NonProfessional User’’ with that of its 

affiliate, Cboe and C2. In late 2016, the 

Exchange and its affiliates Cboe EDGA 

Exchange, Inc. (‘‘EDGA’’), Cboe EDGX 

Exchange, Inc. (‘‘EDGX’’), and Cboe BZX 

Exchange, Inc. (‘‘BZX’’) received 

approval to effect a merger (the 

‘‘Merger’’) of the Exchange’s parent 

company, Bats Global Markets, Inc., the 

parent of EDGA, EDGX, BYX, and BZX 

with CBOE Holding, Inc. (now known as 

Cboe Global Markets, Inc.) the parent 

company of Cboe and C2.5 In order to 

provide consistent rules and 

terminology amongst the Exchange, 

Cboe, and C2, the Exchange proposes to 

amend the definition of ‘‘NonProfessional User’’ to harmonize it with 

that of its affiliates, Cboe Exchange, Inc. 

(‘‘Cboe’’) and Cboe C2 Exchange, Inc. 

(‘‘C2’’). The Exchange fee schedule 

currently defines ‘‘Non-Professional 

User’’ as: 

a natural person who is not: (i) registered or 

qualified in any capacity with the 

Commission, the Commodity Futures 

Trading Commission, any state securities 

agency, any securities exchange or 

association, or any commodities or futures 

contract market or association; (ii) engaged as 

an ‘‘investment adviser’’ as that term is 

defined in Section 202(a)(11) of the 

Investment Advisers Act of 1940 (whether or 

not registered or qualified under that Act); or 

(iii) employed by a bank or other 

organization exempt from registration under 

federal or state securities laws to perform 

functions that would require registration or 

qualification if such functions were 

performed for an organization not so exempt. 

As amended, ‘‘Non-Professional User’’ 

would be defined as: 

a natural person or qualifying trust that uses 

Data only for personal purposes and not for 

any commercial purpose and, for a natural 

person who works in the United States, is 

not: (i) registered or qualified in any capacity 

with the Securities and Exchange 

Commission, the Commodities Futures 

Trading Commission, any state securities 

agency, any securities exchange or 

association, or any commodities or futures 

contract market or association; (ii) engaged as 

an ‘‘investment adviser’’ as that term is 

defined in Section 202(a)(11) of the 

Investment Advisors Act of 1940 (whether or 

not registered or qualified under that Act); or 

(iii) employed by a bank or other 

organization exempt from registration under 

federal or state securities laws to perform 

functions that would require registration or 

qualification if such functions were 

performed for an organization not so exempt; 

or, for a natural person who works outside 

of the United States, does not perform the 

same functions as would disqualify such 

person as a Non-Professional User if he or 

she worked in the United States. 

The revised definition is substantially 

identical to the definition of ‘‘NonProfessional User’’ included within the 

Cboe and C2 fee schedules.6 The 

Exchange’s current definition of ‘‘NonProfessional User’’ does differ from that 

contained in the Cboe and C2 fee 

schedules in following minor, nonsubstantive ways. First, the harmonized 

definition will make clear that a NonProfessional User may be a natural 

person or qualifying trust that uses Data 

only for personal purposes and not for 

any commercial purpose. To date, the 

Exchange is not aware of any entity that 

receives an Exchange market data 

product would be deemed a qualifying 

trust and, therefore, has not had to 

determine whether such entity is a 

Professional or Non-Professional User 

under the prior definition. Second, the 

harmonized definition would specify 

that a natural person who works outside 

of the United States would not be 

deemed a Non-Professional User where 

that person does not perform the same 

functions as would disqualify such 

person as a Non-Professional User if he 

or she worked in the United States. The 

definition with regard to natural persons 

who work in the United States are 

substantively identical amongst the old 

and harmonized definition. 

None of these differences impact the 

manner in which the Exchange would 

characterize a User and a Professional or 

Non-Professional. The harmonized 

definition would provide additional 

specificity while harmonizing the 

definition with that of its affiliates. 

Doing so would ensure consistent terms 

amongst the Exchange and its affiliates, 

thereby reducing the potential for 

confusion amongst market data 

subscribers regarding the type of User 

they may be considered by the 

Exchange. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the objectives of Section 6 of the Act,7

in general, and furthers the objectives of 

Section 6(b)(5) of the Act 8 in particular, 

in that it is designed to promote just and 

equitable principles of trade, to foster 

cooperation and coordination with 

persons engaged in 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 harmonized 

definition of Non-Professional User is 

equitable, reasonable, and removes 

impediments to and perfect the 

mechanism of a free and open market 

and a national market system it would 

provide additional specificity while 

harmonizing the definition with that of 

its affiliates. Doing so would ensure 

consistent terms amongst the Exchange 

and its affiliates, thereby reducing the 

potential for confusion amongst market 

data subscribers regarding the type of 

User they may be considered by the 

Exchange. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will result in 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act, as amended. 

The harmonized definition of NonProfessional User would have no impact 

on competition because it does not 

materially alter the definition. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

The Exchange has neither solicited 

nor received written 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 9 and 


sradovich on DSK3GMQ082PROD with NOTICES
3242 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices 

10 17 CFR 240.19b–4(f)(6). 

11See 15 U.S.C. 78c(f). 12 17 CFR 200.30–3(a)(12). 

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). 

subparagraph (f)(6) of Rule 19b–4 

thereunder.10 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, 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. 

In its filing, the Exchange requested 

that the Commission waive the 30-day 

operative delay in order to enable the 

Exchange to immediately ensure 

consistent use of terms amongst the 

Exchange and its affiliates, thereby 

reducing the potential for confusion 

amongst market data subscribers 

regarding the type of User they may be 

considered by the Exchange. The 

Commission believes that such waiver is 

consistent with the protection of 

investors and the public interest. 

Therefore, the Commission designates 

the proposed rule change to be operative 

upon filing. 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.11

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 rule-comments@

sec.gov. Please include File Number SR– 

CboeBYX–2018–001 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 CboeBYX–2018–001. 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 CboeBYX–2018–001 and 

should be submitted on or before 

February 13, 2018. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Eduardo A. Aleman, 

Assistant Secretary. 

[FR Doc. 2018–01086 Filed 1–22–18; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–82517; File No. SR– 

CboeBZX–2018–003] 

Self-Regulatory Organizations; Cboe 

BZX Exchange, Inc.; Notice of Filing 

and Immediate Effectiveness of a 

Proposed Rule Change To Harmonize 

the Definition of Non-Professional User 

in Its Fee Schedule With That of Its 

Affiliates 

January 17, 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 8, 

2018, 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 has 

designated this proposal as a ‘‘noncontroversial’’ 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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange filed a proposal to 

amend the Market Data section of its fee 

schedule applicable to its equity options 

platform (‘‘BZX Options’’) to harmonize 

the definition of ‘‘Non-Professional 

User’’ with that of its affiliates, Cboe 

Exchange, Inc. (‘‘Cboe’’) and Cboe C2 

Exchange, Inc. (‘‘C2’’). 

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 


sradovich on DSK3GMQ082PROD with NOTICES