[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Notices]
[Pages 55631-55638]
[FR Doc No: 2019-22588]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87270; File No. SR-BX-2019-033]

Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend BX Rules
at Chapter VI, Section 6

October 10, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 8, 2019, Nasdaq BX, Inc. (``BX'' or ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II, below, which Items have
been prepared by the Exchange. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend BX Rules at Chapter VI, Section 6,
``Acceptance of Quotes and Orders,'' Chapter VI, Section 7, ``Entry and
Display Orders,'' Chapter VI, Section 10, ``Book Processing,'' Chapter
VI, Section 21, ``Order and Quote Protocols,'' Chapter VII, Section 5,
``Obligations of Market Makers,'' and Chapter VII, Section 12, ``Order
Exposure Requirements.'' The Exchange proposes to relocate certain
current rules to new Rules Chapter VI, Section 22, titled ``Kill
Switch'' and 23, titled ``Detection of Loss of Communication.''
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaqbx.cchwallstreet.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of 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 Chapter VI, Section 6, ``Acceptance
of Quotes and Orders,'' Chapter VI, Section 7, ``Entry and Display
Orders,'' Chapter VI, Section 10, ``Book Processing,'' Chapter VI,
Section 21, ``Order and Quote Protocols,'' Chapter VII, Section 5,
``Obligations of Market Makers,'' and Chapter VII, Section 12, ``Order
Exposure Requirements.'' The Exchange proposes to relocate certain
current rules to new Rules Chapter VI, Section 22, titled ``Kill
Switch'' and 23, titled ``Detection of Loss of Communication.'' Each
rule change will be discussed in greater detail below.
Chapter VI, Section 6, Acceptance of Quotes and Orders
    Currently, Chapter VI, Section 6 is titled ``Acceptance of Quotes
and Orders.'' The Exchange proposes to retitle Chapter VI, Section 6 as
``Entry and Display of Quotes.'' The Exchange proposes to add an (a)
before the first paragraph. The Exchange is removing references to
orders in this Rule because it also proposes to adopt a new Chapter VI,
Section 7, titled ``Entry and Display of Orders'' to describe
requirements for order entry.
    The Exchange proposes to add a new section (b) to Chapter VI,
Section 6 to describe the current requirements and

conditions for submitting quotes. These requirements reflect the
current System operation today. The Exchange proposes to memorialize
the various requirements for the submission of quotes into the System
for greater transparency. The Exchange proposes to provide at proposed
Chapter VI, Section 6(b), ``Quotes are subject to the following
requirements and conditions:''. The Exchange proposes to add at Chapter
VI, Section 6(b)(1) that ``Market Makers may generate and submit option
quotations.'' Current Chapter VII, Section 6 makes clear that Market
Makers may submit quotes,\3\ however the Exchange proposes to create a
list of rules related to quote submission within this rule for ease of
reference. The Exchange proposes to provide at proposed Chapter VI,
Section 6(b)(2) that ``The System shall time-stamp a quote which shall
determine the time ranking of the quote for purposes of processing the
quote.'' The Exchange notes that all quotes today are time-stamped for
purposes of processing quotes. Proposed Rule Chapter VI, Section
6(b)(3) states that ``Market Makers may enter bids and/or offers in the
form of a two-sided quote. Only one quote may be submitted at a time
for an option series.'' The Exchange believes that this information
will provide Market Makers with information on submitting a quote. The
Exchange notes that bid or offer may be a ``0,'' however a price is
required to be entered for both the bid and offer to be entered into
the System. Further, the Exchange proposes at Chapter VI, Section
6(b)(4) to provide clarity for entering quotes and proposes to specify,
``The System accepts quotes beginning at a time specified by the
Exchange and communicated on the Exchange's website.'' \4\ The Exchange
believes that this information will bring greater transparency to the
Rulebook with respect to limitations for submitting quotations into the
System.
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    \3\ Chapter VII, Section 6(b) provides, ``A Market Maker that
enters a bid (offer) in a series of an option in which he is
registered on BX Options must enter an offer (bid).''
    \4\ The system settings page is located: http://www.nasdaqtrader.com/content/technicalsupport/BXOptions_SystemSettings.pdf.
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    The Exchange proposes a provision regarding firm quote within
proposed Rule Chapter VI, Section 6(b)(5):
    Firm Quote. When quotes in options on another market or markets are
subject to relief from the firm quote requirement set forth in the SEC
Quote Rule, orders and quotes will receive an automatic execution at or
better than the NBBO based on the best bid or offer in markets whose
quotes are not subject to such relief. Such determination may be made
by way of notification from another market that its quotes are not firm
or are unreliable; administrative message from the Option Price
Reporting Authority (``OPRA''); quotes received from another market
designated as ``not firm'' using the appropriate indicator; and/or
telephonic or electronic inquiry to, and verification from, another
market that its quotes are not firm. The Exchange shall maintain a
record of each instance in which another exchange's quotes are excluded
from the Exchange's calculation of NBBO, and shall notify such other
exchange that its quotes have been so excluded. Where quotes in options
on another market or markets previously subject to relief from the firm
quote requirement set forth in the Quote Rule are no longer subject to
such relief, such quotations will be included in the calculation of
NBBO for such options. Such determination may be made by way of
notification from another market that its quotes are firm;
administrative message from OPRA; and/or telephonic or electronic
inquiry to, and verification from, another market that its quotes are
firm.
    BX Chapter VI, Section 6(b)(5) describes Firm Quote for purposes of
quote submission. The Exchange proposes to memorialize within its Rules
the requirement for the dissemination of quotations pursuant to Reg
NMS.\5\ The Exchange is proposing to add the above rule text to provide
context as to this restriction for submitting quotes. The Exchange
proposes to make clear the manner in which quote relief will occur.
Specifically, this proposed rule text indicates the manner in which a
determination for quote relief is made. Further, the rule notes the
Exchange shall maintain a record of each instance in which another
exchange's quotes are excluded from the Exchange's calculation of NBBO,
and shall notify such other exchange that its quotes have been so
excluded. Also, when relief is no longer available, such quotations
will be included in the calculation of NBBO for such options. The
Exchange notes how the determination is made that relief is no longer
available. The proposed rule text adds greater context to the manner in
which Firm Quote relief is applied. This rule text represents the
current practice.
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    \5\ 17 CFR 242.602.
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    Similarly, the Exchange proposes to provide the following proposed
new Chapter VI, Section 6(b)(6):
    Trade-Through Compliance and Locked or Crossed Markets. A quote
will not be executed at a price that trades through another market or
displayed at a price that would lock or cross another market. If, at
the time of entry, a quote would cause a locked or crossed market
violation or would cause a trade-through, violation, it will be re-
priced to the current national best offer (for bids) or the current
national best bid (for offers) and displayed at one minimum price
variance above (for offers) or below (for bids) the national best
price.
    Today, quotations may not be executed against prices that trade-
through an away market as provided for in the Options Order Protection
and Locked/Crossed Market Plan which is also described within Chapter
XII, Options Order Protection and Locked and Crossed Market Rules.
Also, quotations may not lock or cross an away market. The repricing is
provided for today within BX Chapter VI, Section 7(b)(3)(C).\6\ By
stating this limitation in the rule, Market Makers will have greater
clarity as to this limitation. Further, the Exchange is making clear
that a quote that would cause a locked or crossed market violation or
would cause a trade-through violation will be re-priced. The Exchange
would display the quote at one minimum price variation (``MPV'') above
(for offers) or below (for bids) the national best price. Repricing
quotes is consistent with the Act because the Exchange is not permitted
to lock or cross an away market's quote or order. The Exchange reprices
the quotes one MPV inferior to cause the displayed price to reflect the
available market on BX.
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    \6\ An order that is designated by a member as non-routable will
be re-priced in order to comply with applicable Trade-Through and
Locked and Crossed Markets restrictions.
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    Finally, the Exchange proposes at Chapter VI, Section 6(b)(7) to
provide, ``Quotes submitted to the System are subject to the following:
Minimum increments provided for in Chapter VI, Section 5 and risk
protections provided for in Chapter VI, Section 18.'' The Exchange is
noting herein the manner in which a quote may be rejected by the System
to provide market participants with expectations as to the interplay
among the various BX Rules. Specifically, if the Market Maker does not
submit a quotation compliant with Chapter VI, Section 5, the quote will
not be accepted by the System because market participants are required
to abide by Chapter VI, Section 5 which describes the increments with
which options series are to be quoted. Chapter VI, Section 18 provides
a list of all protections applicable to quotes that may be rejected.
The Exchange believes that this rule will provide Options Participants
with requirements and

conditions for submitting quotations and provide transparency as to
limitations that cause a quote to be rejected.
    The Exchange proposes to provide at Chapter VI, Section 6(c),
``Quotes will be displayed in the System as described in Chapter VI,
Section 19.'' Chapter VI, Section 19, titled ``Data Fees and Trade
Information'' provides for the available feeds that Options
Participants may access on the Exchange. This list represents the
available data feeds and the content of those data feeds which are
offered today by BX.
    The amendments to BX Chapter VI, Section 6 create a list of all the
requirements and conditions for submitting quotes on BX within one rule
is consistent with the Act because it will provide greater transparency
to market participants of the applicable requirements. Further, this
proposal will make the current rule clear and understandable for market
participants thereby protecting investors and the general public. The
Exchange notes that while some of these requirements appear in other
rules, for ease of reference the requirements are located within a
single rule with this proposal. The proposal reflects the Exchange's
current practice with respect to quoting requirements. This proposal
will conform this Rule to other Nasdaq affiliated markets filing
similar rules.\7\ The Exchange's proposal is intended to provide
greater information with respect to Firm Quote within new BX Chapter
VI, Section 6(b)(5) and regarding trade-through and locked and crossed
markets Section 6(b)(6). The addition of this rule text is consistent
with the Act because the Exchange is adding detail regarding the method
in which quotes which are firm or locked and crossed will be handled in
the System. The notifications for Firm Quote are made clear with the
proposed rule text. The Exchange believes that it is consistent with
the Act to specify when quotes are firm and the handling of such quotes
by the System for the protection of investors and the general public.
The clarity is designed to promote just and equitable principles of
trade by notifying all participants engaged in market making of
potential outcomes. Today, quotations may not be executed against at
prices that trade-through an away market. Also, quotations may not lock
or cross an away market. The repricing of quotations is consistent with
the Act because repricing prevents the Exchange from disseminating a
price which locks or crosses another market. BX is required to avoid
displaying a quotation that would lock or cross a quotation of another
market center at the time it is displayed. Preventing inferior prices
from displaying perfects 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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    \7\ Nasdaq Phlx, Nasdaq ISE, LLC, Nasdaq GEMX, LLC and Nasdaq
MRX, LLC have similar rules. See Securities Exchange Act Release
Nos. 86286 (July 2, 2019), 84 FR 32794 (July 9, 2019) (SR-Phlx-2019-
25); 86947 (September 12, 2019), 84 FR 49165 (September 18, 2019)
(SR-ISE-2019-23); 87180 (October 1, 2019), 84 FR 53497 (October 7,
2019) (SR-GEMX-2019-13) and 87182 (October 1, 2019), 84 FR 53534
(October 7, 2019) (SR-MRX-2019-20).
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    The Exchange proposes to delete the rule text at Chapter VI,
Section 6(a)(1) and (2), which states:
    (a) General--A System order is an order that is entered into the
System for display and/or execution as appropriate. Such orders are
executable against marketable contra-side orders in the System.
    (1) All System Orders shall indicate whether they are a call or put
and buy or sell and a price, if any. Systems Orders can be designated
as Immediate or Cancel (``IOC''), Good-till-Cancelled (``GTC''), Day
(``DAY'') or WAIT. Any of the foregoing may also be designated as a
Directed Order.
    (2) A System order may also be designated as a Limit Order, a
Minimum Quantity Order, a Market Order, or an All-or-None Order. Any of
the foregoing may also be designated as a Directed Order.
    The Exchange notes that all order types listed in Chapter VI,
Section 1(e) may be entered on BX. All order types are executable
against marketable contra-side orders in the System. The System will
not permit an order to execute that is not marketable. BX has described
in this proposal that it would not trade-through an away market. All
Time in Force designations noted in Chapter VI, Section 1(g) are
available to market participants entering orders on BX. The Exchange
believes that the information provided in Chapter VI, Section 6(a)(1)
and (2) is also covered within Chapter VI, Section 1 and therefore
proposes to delete this rule text.
    The Exchange proposes to relocate Chapter VI, Section 6(a)(3),
relating to zero-bid, and 6(b), relating to routing, into Chapter VI,
Section 10(5) and (6). The Exchange believes that this information
should be described within the rule describing allocation. Chapter VI,
Section 6(c), which is reserved, is being deleted. The Exchange
proposes to relocate Chapter VI, Section 6(d), related to the BX
Options Kill Switch, to new Chapter VI, Section 22. The Exchange
proposes to relocate Chapter VI, Section 6(e), related to Detection of
Loss of Communication, to new Chapter VI, Section 23. The Exchange
believes that these two topics should be in separate rules for ease of
locating those rules.
    The Exchange is not proposing to amend the Kill Switch or Detection
of Loss of Communication rules; this rule change is non-substantive.
The Exchange proposes to update internal cross-references.
Chapter VI, Section 7, Entry and Display Orders
    The Exchange proposes to amend Chapter VI, Section 7 titled ``Entry
and Display Orders.'' The Exchange proposes to retitle this rule,
``Entry and Display of Orders.'' Similar to Chapter VI, Section 6 for
quotes, the Exchange proposes this new rule to describe the current
requirements and conditions for entering orders. The Exchange notes
that the requirements provided for within this rule represent the
current practice. The purpose of Chapter VI, Section 7 is to
memorialize this information within a single rule.
    The Exchange proposes to amend Chapter VI, Section 7(a) to remove
the title, ``Entry of Orders- ''. The Exchange proposes to memorialize
the manner in which orders may be submitted to the System to add more
detail to its rules. The Exchange proposes to amend Chapter VI, Section
7(a)(1) to remove and unnecessary ``a'' and also to remove the sentence
which provides, ``Each order shall indicate the amount of Reserve Size
(if applicable).'' No order type on BX has a Reserve Size.\8\ BX no
longer has any order types with non-displayed interest; previously, BX
offered Discretionary Orders and Reserve Orders on BX, but both have
been eliminated. The Exchange proposes to adopt a new Chapter VI,
Section 7(a)(2) which provides, ``The System accepts orders beginning
at a time specified by the Exchange and communicated on the Exchange's
website.'' \9\ The Exchange proposes to renumber current Chapter VI,
Section 7(a)(2) as (a)(3). The Exchange proposes to renumber current
Chapter VI, Section 7(a)(3) as (a)(4) and amend the rule which
provides, ``Orders can be entered into the System (or previously
entered orders cancelled) from the time prior to market open specified
by the Exchange on its website until market close'' to ``Orders
submitted to the System are subject to minimum increments

provided for in Chapter VI, Section 5, risk protections within Chapter
VI, Section 18 and the restrictions of order types within Chapter VI,
Section 21(b). Orders may execute at multiple prices.'' The Exchange is
proposing to conform order entry rules across its Nasdaq Affiliated
markets, where applicable. The Exchange proposed the time during which
the System accepts orders within Chapter VI, Section 7(a)(2) and
therefore this rule text is not necessary as the proposed rule
describes time for accepting orders elsewhere. All orders must adhere
to other rule requirements such as minimum increments, risk protection
rules and order types. Similar to the rule text for quotes, orders are
currently subject to the minimum increment requirements in Chapter VI,
Section 5, the risk protections for orders which are listed within
current Chapter VI, Section 18 as well as the restrictions of order
types within Chapter VI, Section 21(b). This rule provides a list of
other requirements which may impact the execution of an order. Finally,
orders may execute at multiple prices. This rule provides a list of
other requirements which may impact the execution of an order.
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    \8\ See Securities Exchange Act Release No. 65873 (December 2,
2011), 76 FR 76786 (December 8, 2011) (SR-NASDAQ-2011-164).
    \9\ See note 4 above.
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    The Exchange proposes to add new rule at Chapter VI, Section
7(a)(5) which states, ``Nullification by Mutual Agreement. Trades may
be nullified if all parties participating in the trade agree to the
nullification. In such case, one party must notify the Exchange and the
Exchange promptly will disseminate the nullification to OPRA. It is
considered conduct inconsistent with just and equitable principles of
trade for a party to use the mutual adjustment process to circumvent
any applicable Exchange rule, the Act or any of the rules and
regulations thereunder.'' The rule text of new Chapter VI, Section
7(a)(5) is similar to Nasdaq ISE, LLC (``ISE''), Nasdaq GEMX, LLC
(``GEMX'') and Nasdaq MRX, LLC (``MRX'') Options 3, Section 4(b).
Trades may be nullified today by agreement of the parties. The Exchange
believes that it is consistent with the Act to permit parties to agree
to a nullification provided the nullification does not violate other
exchange rules. The Exchange notes that parties may not agree to a
mutual agreement for purposes that would cause another rule to be
violated. The Exchange believes that it is consistent with the Act and
protection of investors and general public to make clear the expected
behavior with respect to nullifications.
    The Exchange proposes to adopt new rule text at Chapter VI, Section
7(b) is similar to rule text at to ISE, GEMX and MRX Options 3, Section
15(a). This proposed rule provides,
    NBBO Price Protection. Orders, other than Intermarket Sweep Orders
(as defined in Rule Chapter XII, Section 1(9)) will not be
automatically executed by the System at prices inferior to the NBBO (as
defined in Chapter XII, Section 1(11)). There is no NBBO price
protection with respect to any other market whose quotations are Non-
Firm (as defined in Chapter XII, Section 1(12)).
    The Exchange believes that although BX Rules \10\ make clear that
orders may not execute at prices inferior to the NBBO, this rule text
will provide that limitation in this proposed list of limitations for
ease of reference. The Exchange notes that this NBBO Protection applies
to orders and therefore is being discussed within proposed Chapter VI,
Section 7 which applies to all Options Participants. In contrast,
Chapter VI, Section 6, which applies to quotes entered by Market
Makers, describes the Firm Quote protections and the interplay of NBBO
with respect to quotes. Trade-Through is described in both Chapter VI,
Section 6 and 7.
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    \10\ Intermarket Sweep Orders (as defined in Rule Chapter XII,
Section 1(9)) will not be automatically executed by the System at
prices inferior to the NBBO (as defined in Chapter XII, Section
1(11)).
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    The Exchange proposes to state at Chapter VI, Section 7(c), ``The
System automatically executes eligible orders using the Exchange's
displayed best bid and offer (``BBO'').'' This rule seeks to define the
Exchange's best bid and offer as the ``BBO.'' On BX, eligible orders
will execute at the best price available, the BBO. The Exchange
believes that this information will provide Options Participants with
additional information as some markets have non-displayed order types
and BX has no non-displayed order types.
    The Exchange proposes to relocate BX Chapter VI, Section 7(b)(3)(C)
to Chapter VI, Section 7(d).
    The Exchange proposes to add a sentence at Chapter VI, Section 7(e)
which provides, ``Orders will be displayed in the System as described
in Chapter VI, Section 19.'' Chapter VI, Section 19 contains
information on data feeds and the information that is provided. This
provision is similar to Chapter VI, Section 6(c).
    The Exchange proposes to delete current Chapter VI, Section
7(b)(1)-(3) which provides,
    (1) System Book Feed--displayed orders resident in the System
available for execution will be displayed via the System Book Feed.
    (2) Best Priced Order Display--For each System Security, the
aggregate size of all Orders at the best price to buy and sell resident
in the System will be transmitted for display to the appropriate
network processor.
    (3) Exceptions--The following exceptions shall apply to the display
parameters set forth in paragraphs (1) and (2) above:
    The display of orders as well as the text relating to System Book
Feed are being deleted because data feeds are described in other
rules.\11\ The Exchange believes this information is unnecessary as the
data feeds are specific as to the content of the displayed information.
The Exchange is also proposing to remove the rule text related to Best
Priced Order Display as this information is described within Chapter
XII, Options Order Protection and Locked and Crossed Markets.
Specifically, BX Chapter XII, Section 1(18) which describes a Protected
Bid and Offer and the manner in which they are disseminated to the OPRA
Plan. The Exchange proposes to delete Chapter VI, Section 7(b)(3) as
well as subsections (A), which is currently reserved. Current BX
Chapter VI, Section 7(b)(3) notes exceptions to the display parameters.
As noted (A) is reserved and as mentioned herein (B) and (C) are
relocated within Section 7.
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    \11\ See BX Chapter VI, Section 19, ``Data Feeds and Trade
Information.''
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    The Exchange's proposal to adopt a new Chapter VI, Section 7,
``Entry and Display of Orders'' and describe the current requirements
and conditions for entering orders, similar to proposed changes to
Chapter VI, Section 6 for quotes is consistent with the Act because it
will provide transparency as to manner in which orders may be submitted
to the System. The Exchange's new rule reflects the current
requirements for submitting orders into the System. Similar to proposed
Chapter VI, Section 6, the Exchange proposes to memorialize
requirements and limitations within one rule for ease of reference.
Chapter VI, Section 10, Book Processing
    As noted above, the Exchange is relocating rule text from current
Chapter VI, Section 6(a)(3) and 6(b) to Chapter VI, Section 10(5) and
(6). The Exchange also proposes to renumber current Chapter VI, Section
10(5) as ``(7)''.
Chapter VI, Section 21, Order and Quote Protocols
    The Exchange proposes to amend Chapter VI, Section 21(a)(i)(B) to
add the following sentence to Specialized

Quote Feed (``SQF''), ``Market Makers may only enter interest into SQF
in their assigned options series.'' The Exchange notes that today
Market Makers may utilize SQF to quote only in their assigned options
series.\12\ This proposed rule text is consistent with the Act because
it will add greater clarity to the current rule for the protection of
investors and the public interest.
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    \12\ See BX Chapter VII, Section 2.
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Chapter VII, Section 5, Obligations of Market Makers
    The Exchange proposes to add a new Chapter VII, Section 5(d) to
describe the manner in which Market Makers may enter orders on BX.
There is no rule currently describing order entry by Market Makers. The
Exchange proposes to memorialize the current practice by providing
``Market Makers may enter all order types defined in Chapter VI,
Section 1(e) in the options classes to which they are appointed and
non-appointed.'' This rule will provide Market Makers with information
as to the types of orders that may entered on BX.
Chapter VII, Section 12, Order Exposure Requirements
    The Exchange proposes to amend current Chapter VII, Section 12,
titled ``Order Exposure Requirements.'' The Exchange proposes to amend
the title to ``Limitations on Order Entry'' to conform the rule to
other Nasdaq affiliate market rules.\13\
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    \13\ See note 7 above.
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    The Exchange proposes to amend Chapter VII, Section 12(a) to add
the title ``Limitations on Principal Transactions.'' This change is not
substantive. The Exchange proposes to amend Chapter VII, Section 12(b)
to re-number it as (1) and replace the words ``Section 12'' with ``This
Rule.'' The Exchange proposes to add a new Chapter VII, Section 12(b)
similar to Phlx Rule 1097(a). The rule text would provide,
    Limit Orders. Options Participants shall not enter Public Customer
limit orders into the System in the same options series, for the
account or accounts of the same or related beneficial owners, in such a
manner that the beneficial owner(s) effectively is operating as a
market maker by holding itself out as willing to buy and sell such
options contract on a regular or continuous basis. In determining
whether a beneficial owner effectively is operating as a market maker,
the Exchange will consider, among other things: the simultaneous or
near-simultaneous entry of limit orders to buy and sell the same
options contract and the entry of multiple limit orders at different
prices in the same options series.
    This Rule prohibits Public Customers from entering limit orders
into the Order Book in the same option series in a manner where the
public customer is effectively operating as a market maker by holding
itself out as willing to buy and sell such options contract on a
regular or continuous basis. This rule would limit the ability of
Options Participants that are not Market Makers to compete on
preferential terms, including Public Customers who are provided with
certain benefits, such as priority of bids and offers. Restrictions on
the entry of Professional or broker-dealer orders are not imposed
because the same priority does not exist. As noted herein, Market
Makers are required to register with the Exchange.\14\ Market Makers
are afforded preferential pricing.\15\ The Exchange believes that
Public Customers that desire to make markets on BX should register with
the Exchange. The Exchange's proposal to adopt this new rule text
within Chapter VII, Section 12(b) will bring greater clarity to current
limitations that exist when entering orders. Section 12 is consistent
with the Act and will 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 because it will continue to make
clear the requirement to expose orders as well as present more specific
limitations on order entry which would violate BX Rules. Providing
members with more information as to the type of behavior that is
violative with respect to order exposure will prevent inadvertent
violations of Exchange rules and ensure that orders are subject to
appropriate price discovery.
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    \14\ See BX Chapter VII, Section 2.
    \15\ See BX's Pricing Schedule at Options 7.
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    The Exchange proposes to amend Chapter VII, Section 12(c) by adding
a new titled ``Limitations on Solicitation Orders.'' The Exchange also
proposes to amend the rule text to more closely align with ISE, GEMX
and MRX Rules at Options 3, Section 22. The amendments to the rule text
is not substantive and simply reiterates the same exception for BX
PRISM that is currently contained within Chapter VII, Section 12(a) for
completeness.
    The Exchange proposes to amend Chapter VII, Section 12(d) to add
rule text that specifically notes that ``for purposes of violating
Chapter VII, Section 12'' at the end of the rule text. This phrase will
make clear that the violation is specific to this rule.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\16\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\17\ 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 as provided for within the purpose section.
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    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
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Chapter VI, Section 6, Acceptance of Quotes and Orders
    The Exchange's proposal to add a new section (b) to Chapter VI,
Section 6 to describe the current requirements and conditions for
submitting quotes is consistent with the Act. The Exchange proposes
within Chapter VI, Section 6 to create a list of all the requirements
and conditions for submitting quotes on BX within one rule is
consistent with the Act because it will provide greater transparency to
market participants of the applicable requirements. The Exchange's
proposal is intended to provide greater information with respect to
Firm Quote within new Section 6(b)(5) and regarding trade-through and
locked and crossed markets Section 6(b)(6).
    The additional rule text is consistent with the Act because it adds
detail regarding the method in which orders which are firm or locked
and crossed will be handled in the System. The notifications for Firm
Quote are made clear with the proposed rule text. The Exchange believes
that it is consistent with the Act to specify when quotes are firm and
the handling of such quotes by the System for the protection of
investors and the general public. The clarity is designed to promote
just and equitable principles of trade by notifying all participants
engaged in market making of potential outcomes. Today, quotations may
not be executed against at prices that trade-through an away market.
Also, quotations may not lock or cross an away market. The repricing of
quotations is consistent with the Act because repricing prevents the
Exchange from disseminating a price which locks or crosses another
market. BX is required to avoid displaying a quotation that would lock
or cross a quotation of another market center at the time it is
displayed. Preventing inferior prices from displaying perfects

the mechanism of a free and open market and a national market system,
and, in general protects investors and the public interest.
    BX is memorializing its current practice by reflecting the various
requirements and limitations for quote entry in one rule for ease of
reference and clarity. The Exchange proposes to conform this rule to
similar rules across other Nasdaq affiliated exchanges.\18\ Making
clear the manner in which Market Makers may generate and submit option
quotations will provide these market participants with clear guidance
within the rules. Chapter VII, Section 6(b)(1) makes clear that Market
Makers may submit quotes.\19\ Further, Chapter VI, Section 21 describes
the SQF interface.\20\ BX proposes to clarify that only one quote may
be submitted at a time for a series. The Exchange believes that
memorializing these restrictions will bring greater clarity to the
Exchange's rules.
---------------------------------------------------------------------------

    \18\ See note 7 above.
    \19\ Chapter VII, Section 2 describes the manner in which Market
Makers must register and Section 6(c) provides for firm quote.
    \20\ Chapter VI, Section 21(a)(i)(B) provides, ``Specialized
Quote Feed'' or ``SQF'' is an interface that allows Market Makers to
connect, send, and receive messages related to quotes, Immediate-or-
Cancel Orders, and auction responses into and from the Exchange.
Features include the following: (1) Options symbol directory
messages (e.g., underlying instruments); (2) system event messages
(e.g., start of trading hours messages and start of opening); (3)
trading action messages (e.g., halts and resumes); (4) execution
messages; (5) quote messages; (6) Immediate-or-Cancel Order
messages; (7) risk protection triggers and purge notifications; (8)
opening imbalance messages; (9) auction notifications; and (10)
auction responses. The SQF Purge Interface only receives and
notifies of purge request from the Market Maker.
---------------------------------------------------------------------------

    The relocations of both the Kill Switch and Detection of Loss of
Communication rules is consistent with the Act because these
relocations will bring greater transparency to these protection rules
because they will be easier to search by the title within the Rulebook.
The relocation of the zero-bid and routing information to Chapter VI,
Section 10(5) and (6) is intended to locate that information with rules
describing allocation.
    The Exchange's proposal to eliminate rule text within current
Chapter VI, Section 6(a)(1) and (2) is consistent with the Act because
these rules describe order types in general. The order types are
described today within Chapter VI, Section 1(e). All order types are
executable against marketable contra-side orders in the System. All
Time in Force designations noted in Chapter VI, Section 1(g) are
available to market participants entering orders on BX. The Exchange
believes that the information provided in Chapter VI, Section 6(a)(1)
and (2) is covered within Chapter VI, Section 1. The Exchange believes
that eliminating this rule is consistent with the Act because the rule
text does not add any new information.
Chapter VI, Section 7, Entry and Display Orders
    Similar to Chapter VI, Section 6, which describes requirements for
quotes, the Exchange proposes to adopt a new Chapter VI, Section 7,
``Entry and Display of Orders'' and describe the current requirements
and conditions for entering orders. The Exchange notes that the
requirements provided for within this rule represent the current
practice. The purpose of Chapter VI, Section 7 is to memorialize this
information within a single rule to provide a list of other
requirements which may impact the execution of an order. Trades may be
nullified today by agreement of the parties. The Exchange believes that
it is consistent with the Act to permit parties to agree to a
nullification provided the nullification does not violate other
exchange rules. The Exchange notes that parties may not agree to a
mutual agreement for purposes that would cause another rule to be
violated. The Exchange believes that it is consistent with the Act and
protection of investors and general public to make clear the expected
behavior with respect to nullifications.
    Today, orders may not be executed at a price that trades through an
away market. Also, orders may not lock or cross an away market.
Routable orders must comply with Trade-Through and Locked and Crossed
Markets restrictions. The repricing of orders is consistent with the
Act because repricing prevents the Exchange from disseminating a price
which locks or crosses another market. BX is required avoiding
displaying an order that would lock or cross a quotation of another
market center at the time it is displayed. Preventing inferior prices
from displaying perfects 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's proposal to adopt a new Chapter VI,
Section 7, ``Entry and Display of Orders'' and describe the current
requirements and conditions for entering orders, similar to proposed
changes to Chapter VI, Section 6 for quotes is consistent with the Act
because it will provide transparency as to manner in which orders may
be submitted to the System. The Exchange's new rule reflects the
current requirements for submitting orders into the System. Similar to
proposed Chapter VI, Section 6, the Exchange proposes to memorialize
requirements and limitations within one rule for ease of reference.
    The Exchange's proposal to adopt a new Chapter VI, Section 7 will
conform proposed Rule to other Nasdaq affiliated markets filing similar
rules.\21\ The Exchange's proposal to add rule text to describe
potential violations of this rule will bring greater clarity to current
limitations that exist when entering orders. Proposed Chapter VI,
Section 7 is consistent with the Act because it provides one rule for
ease of reference which lists the current limitations and some
additional limitations. The Exchange believes the proposed rule will
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 because it will continue to make clear the requirement to
expose orders as well as present more specific limitations on order
entry which would violate BX Rules. Providing members with more
information as to the type of behavior that is violative with respect
to order exposure will prevent inadvertent violations of Exchange rules
and ensure that orders are subject to appropriate price discovery.
---------------------------------------------------------------------------

    \21\ See note 7 above.
---------------------------------------------------------------------------

Chapter VI, Section 21, Order and Quote Protocols
    The Exchange's proposal to amend Chapter VI, Section 21(a)(i)(B) to
make clear that Market Makers may only enter interest into SQF in their
assigned options series is consistent with the Act. Chapter VII,
Section 2, Market Maker Registration, describes the manner in which
Market Makers are appointed in options series. This sentence simply
provides that SQF may only be utilized for quoting in assigned options
series.
Chapter VII, Section 5, Obligations of Market Makers
    Memorializing information related to order entry for Market Makers
within Chapter VII, Section 5 will bring greater clarity to the
Rulebook. Today, Market Makers may enter all order types defined in
Chapter VI, Section 1(e).
Chapter VII, Section 12, Order Exposure Requirements
    The Exchange's proposal to amend Chapter VII, Section 12 to provide
a specific rule for entering Public Customer is consistent with the
Act. Providing market participants with clear guidelines will protect
investors and the public interest by providing additional notice of
violative behavior when

entering orders. The proposed rule text is similar to current Nasdaq
Phlx LLC Rules.\22\ The Exchange believes that this proposed language
will provide more transparency as to the types of transactions that are
not permitted today on BX. With respect to limit orders, the Exchange
seeks to limit the ability of non-market makers to effectively make
markets on the Exchange using automated systems that place and cancel
orders in a manner that is similar to quoting. With respect to
principal transactions, the Exchange is making clear that a BX Options
Participant may not take both sides of a trade (the agency side and
also act as principal) on an execution without order exposure to
provide the agency order the opportunity for price improvement. This
rule is intended to ensure that customers receive fair executions. This
rule is consistent with the Act in that it promotes just and equitable
principles of trade and protects investors and the public interest. The
Exchange's proposal to describe exposure of agency orders mirrors
language already contained with Chapter VI, Section 12. The Exchange
also notes that current Chapter III, Section 4(d) would apply to the
types of violations noted with respect to new Chapter VII, Section 12
provisions.
---------------------------------------------------------------------------

    \22\ See Nasdaq Phlx LLC Rule 1097.
---------------------------------------------------------------------------

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
other options markets have similar rules with respect to order and
quote entry and the requirements to expose orders. The implementation
of such rules may vary across options markets. Despite the variation in
implementation, the Exchange does not believe this proposal creates an
undue burden on inter-market competition because the requirements for
order exposure are consistent with respect to all markets as well as
the ability to submit quotes and orders on all options markets.'
Chapter VI, Section 6, Acceptance of Quotes and Orders
    The Exchange's proposal to describe the current requirements and
conditions for submitting quotes does not impose an undue burden on
competition and all Market Makers are subject to these requirements
today. The Exchange is memorializing its current practice by reflecting
the various requirements and limitations for quote entry in one rule
for ease of reference and clarity. The Exchange is also proposing to
conform this rule to similar rules across other Nasdaq affiliated
exchanges.
Chapter VI, Section 7, Entry and Display Orders
    The Exchange's proposal to amend Chapter VI, Section 7, ``Entry and
Display Orders'' to describe the current requirements and conditions
for entering orders, similar to proposed changes to Chapter VI, Section
6 for quotes does not create an undue burden on competition because it
will apply uniformly to all market participants. The Exchange is
memorializing its current practice by reflecting the various
requirements and limitations for order entry in one rule for ease of
reference and clarity. The Exchange is also proposing to conform this
rule to similar rules across other Nasdaq affiliated exchanges. Making
clear the manner in which Options Participants may generate and submit
option orders will provide these market participants with clear
guidance within the rules.
Chapter VI, Section 21, Order and Quote Protocols
    The Exchange proposes to amend Chapter VI, Section 21(a)(i)(B) to
make clear that Market Makers may only enter interest into SQF in their
assigned options series does not impose an undue burden on competition,
rather it makes clear that SQF may only be utilized for quoting in
assigned options series. This rule is applicable to all Market Makers.
Chapter VII, Section 5, Obligations of Market Makers
    Memorializing information related to order entry for Market Makers
within Chapter VII, Section 5 does not impose an undue burden on
competition. Today, Market Makers may enter all order types defined in
Chapter VI, Section 1(e).
Chapter VII, Section 12, Order Exposure Requirements
    The Exchange's proposal to amend Chapter VII, Section 12 to provide
specific rules for limitations on entering limit orders, principal
transactions and agency orders does not impose an undue burden on
competition because these rules provide additional specificity as to
the manner in which orders may be entered on BX. The Exchange believes
that this proposed language will provide more transparency as to the
types of transactions that are not permitted today on BX and would
violate BX Chapter III, Section 4(f). These rules will apply uniformly
to all BX Options Participants.

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

    No written comments were either solicited or received.

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 \23\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\24\
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \24\ 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.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2019-033 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-BX-2019-033. 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-BX-2019-033 and should be submitted on
or before November 7, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-22588 Filed 10-16-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Notices]
[Page 60442]
[FR Doc No: 2012-24330]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0981]

Withdrawal of Approval of New Animal Drug Applications;
Butorphanol; Doxapram; Triamcinolone; Tylosin

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is withdrawing approval
of a new animal drug application (NADA) and three abbreviated new
animal drug applications (ANADAs) at the sponsors' request because the
products are no longer manufactured or marketed.

DATES: Withdrawal of approval is effective October 15, 2012.

FOR FURTHER INFORMATION CONTACT: David Alterman, Center for Veterinary
Medicine (HFV-212), Food and Drug Administration, 7519 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The following sponsors have requested that
FDA withdraw approval of the NADA and ANADAs listed in table 1 of this
document because the products are no longer manufactured or marketed.

   Table 1--NADA and ANADAs for Which Withdrawal of Approval Has Been
                                Requested
------------------------------------------------------------------------
       NADA/ANADA No.           Trade name (drug)         Applicant
------------------------------------------------------------------------
100-556.....................  Vigorena Feeds Hy-Ty  Springfield Milling
                               Premix (tylosin       Corp., Vigorena
                               phosphate).           Feeds, Springfield,
                                                     MN 56087.
200-435.....................  RESPIRAM (doxapram    Modern Veterinary
                               hydrochloride)        Therapeutics, LLC,
                               Injection.            18001 Old Cutler
                                                     Rd., Suite 317,
                                                     Miami, FL 33157.
200-446.....................  BUTORPHINE            Modern Veterinary
                               (butorphanol          Therapeutics, LLC,
                               tartrate) Injection.  18001 Old Cutler
                                                     Rd., Suite 317,
                                                     Miami, FL 33157.
200-459.....................  VETAZINE              Modern Veterinary
                               (triamcinolone)       Therapeutics, LLC,
                               Cream.                18001 Old Cutler
                                                     Rd., Suite 317,
                                                     Miami, FL 33157.
------------------------------------------------------------------------

    Therefore, under authority delegated to the Commissioner of Food
and Drugs and redelegated to the Center for Veterinary Medicine, and in
accordance with Sec.  514.116 Notice of withdrawal of approval of
application (21 CFR 514.116), notice is given that approval of NADA
100-556 and ANADAs 200-435, 200-446, and 200-459, and all supplements
and amendments thereto, is hereby withdrawn, effective October 15,
2012.
    Elsewhere in this issue of the Federal Register, FDA is amending
the animal drug regulations to reflect the voluntary withdrawal of
approval of these applications.

    Dated: September 27, 2012.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2012-24330 Filed 10-2-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Notices]
[Pages 29852-29856]
[FR Doc No: 2021-11609]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92051; File No. SR-C2-2021-009]

Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Align
the Exchange's Rulebook With the Rulebook of Its Affiliated Exchange,
Cboe Options, Inc. (``Cboe Options'') and Make Other Formatting Changes

May 27, 2021.
    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 May 19, 2021, Cboe C2 Exchange, Inc. (the ``Exchange'' or
``C2'') 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.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe C2 Exchange, Inc. (the ``Exchange'' or ``C2'') proposes to
align the Exchange's rulebook with the rulebook of its affiliated
Exchange, Cboe Options, Inc. (``Cboe Options'') and make other
formatting changes. 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 (http://markets.cboe.com/us/options/regulation/rule_filings/ctwo/), 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 align the numbers of its rules in the
Exchange's Rulebook with the numbers of the same (or substantially
similar) rules within the rulebook of its affiliated exchange, Cboe
Options.\3\ The Exchange believes aligning the numbers of its rules
with those of the same (or substantially similar) rules of Cboe Options
to the extent practicable \4\ will reduce potential confusion for
market participants. The below table sets forth the rules in the
Exchange's Rulebook, their current rule numbers, and the proposed rule
numbers. As noted in the table below, the proposed rule change deletes
certain reserved rule numbers and adds certain reserved rule numbers to
maintain number alignment with Cboe Options rule numbers.
---------------------------------------------------------------------------

    \3\ In separate rule filings, the Exchange intends to similarly
align the rule numbers of the Exchange's other affiliated options
exchanges, Cboe BZX Exchange, Inc. and Cboe EDGX Exchange, Inc. with
the rule numbers of Cboe Options and the Exchange.
    \4\ The Exchange notes that certain rules are applicable to it
and not Cboe Options, and vice versa.

------------------------------------------------------------------------
                                                       Proposed new rule
            Rule name              Current rule No.           No.
------------------------------------------------------------------------
Definitions.....................  1.1...............  No change.
Exchange Determinations.........  1.2...............  1.5.
Time............................  1.3...............  1.6.
Trading Permit Holder Fees......  2.1...............  No change.
Exchange's Costs of Defending     2.2...............  2.5.
 Legal Proceedings.
Regulatory Revenues.............  2.3...............  2.2.
Reserved........................  N/A...............  2.4.
Trading Permits.................  3.1 \5\...........  No change.

Denial of and Conditions to       3.2...............  No change.
 Being a Permit Holder or an
 Associated Person.
Persons Associated with Trading   3.3...............  No change.
 Permit Holder.
Reserved........................  3.4...............  No change.
Trading Permit Holders and        3.5...............  No change.
 Persons Associated with a
 Trading Permit Holder Who Are
 or Become Subject to a
 Statutory Disqualification.
Dissolution and Liquidation of    3.6...............  No change.
 Trading Permit Holders.
Obligations of Terminating        3.7...............  No change.
 Trading Permit Holders.
Responsible Person..............  3.8...............  No change.
Integrated Billing System.......  3.9...............  2.3.
Letters of Guarantee and          3.10..............  3.61.
 Authorization.
C2 Pledge.......................  3.11..............  3.9.
Maintaining Current Address.....  3.12..............  3.10.
Educational Classes.............  3.13..............  3.11.
Effectiveness of a Trading        3.14..............  3.12.
 Permit Holder.
Reserved........................  N/A...............  3.52 [sic]-3.59.
Sponsored Users.................  3.15..............  3.60.
Affiliation Between the Exchange  3.16..............  3.62.
 and a Trading Permit Holder.
Cboe Trading as Outbound Router.  3.17..............  3.63.
Cboe Trading as Inbound Router..  3.18..............  3.64.
Reserved........................  3.19..............  Deleted.
Options Listing.................  Chapter 4           No change.
                                   (incorporates by
                                   reference Cboe
                                   Options Chapter
                                   4).
Business Conduct................  Chapter 5           Chapter 8
                                   (incorporates by    (incorporates by
                                   reference Cboe      reference Cboe
                                   Options Chapter     Options Chapter
                                   8).                 8).
Days and Hours of Business......  6.1...............  5.1.
Unit of Trading.................  6.2...............  5.2.
Meaning of Premium Bids and       6.3...............  5.3.
 Offers.
Minimum Increments for Bids and   6.4...............  5.4.
 Offers.
System Access and Connectivity..  6.8...............  5.5.
Entry and Cancellation of Orders  6.9...............  5.7.
Reserved........................  N/A...............  5.8.
Availability of Orders..........  6.10..............  5.6.
Opening Auction Process.........  6.11..............  5.31.
Order and Quote Book Processing,  6.12..............  5.32.
 Display, Priority, and
 Execution.
Complex Orders..................  6.13..............  5.33.
Order and Quote Price Protection  6.14..............  5.34.
 Mechanisms and Risk Controls.
Reserved........................  N/A...............  5.35.
Order Routing...................  6.15..............  5.36.
Binding Transactions............  6.26..............  5.11.
Reserved........................  N/A...............  6.1.
Reporting of Matched Trades to    6.27..............  6.4.
 Clearing Corporation.
Transaction Reports; Users'       6.28..............  6.2.
 Identities.
Reserved........................  N/A...............  6.3.
Nullification and Adjustment of   6.29..............  6.5.
 Options Transactions Including
 Obvious Errors.
Give Up of a Clearing Trading     6.30..............  5.10.
 Permit Holder.
Clearing Editor.................  6.31..............  6.6.
Trading Halts...................  6.32..............  5.20.
Authority to Take Action Under    6.33..............  5.23.
 Emergency Conditions.
Disaster Recovery...............  6.34..............  5.24.
Message Traffic Mitigation......  6.35..............  5.25.
Equity Market Plan to Address     6.39..............  5.21.
 Extraordinary Market Volatility.
Disclaimers and Limitations.....  6.42..............  1.10.
Limitation on the Liability of    6.43..............  1.11.
 Index Licensors for Options on
 Units.
Legal Proceedings Against the     6.44..............  1.13.\6\
 Exchange.
Limitation on Liability of        6.45..............  1.12.
 Reporting Authorities for
 Indexes Underlying Options.
Order Exposure Requirements.....  6.50..............  5.9.
Trading on Knowledge of Imminent  6.51..............  5.13.\7\
 Undisclosed Solicited
 Transaction.
Intermarket Linkage.............  Chapter 6, Section  Chapter 5, Section
                                   E (incorporates     E (incorporates
                                   Cboe Options        Cboe Options
                                   Chapter 5,          Chapter 5,
                                   Section by          Section by
                                   reference).         reference).
Exercises and Deliveries........  Chapter 6, Section  Chapter 6, Section
                                   F (incorporates     B (incorporates
                                   Cboe Options        Cboe Options
                                   Chapter 6,          Chapter 6,
                                   Section B by        Section B by
                                   reference).         reference).
Prohibition on Transactions Off   6.60..............  5.12.
 the Exchange.
Off-Floor Transfers of Positions  6.61..............  6.7.
Off-Floor RWA Transfers.........  6.62..............  6.8.
In-Kind Exchange of Options       6.63..............  6.9.
 Positions and ETF Shares and
 UIT Interests.

Regulatory Records, Reports, and  Chapter 7, Section  No change.
 Audits--General.                  A (incorporates
                                   by reference Cboe
                                   Options Chapter
                                   7, Section A).
Consolidated Audit Trail (CAT)..  Chapter 7, Section  No change.
                                   B (incorporates
                                   by reference Cboe
                                   Options Chapter
                                   7, Section B).
Initial Market-Maker              8.1...............  3.52.
 Registration.
Market-Maker Class Appointments.  8.2...............  5.50.
Market-Maker Class Appointment    8.3...............  5.50(d).
 Costs.
Good Standing for Market-Makers.  8.4...............  5.53.
Obligations of Market-Makers....  8.5...............  5.51.
Market-Maker Quotes.............  8.6...............  5.52.
Securities Accounts and Orders    8.7...............  7.6.
 of Market-Makers.
Financial Requirements and        8.8...............  Delete (Chapter 11
 Arrangement for Market-Makers.                        already
                                                       incorporates an
                                                       identical Cboe
                                                       Options Rule by
                                                       reference).\8\
Doing Business with the Public..  Chapter 9           No change.
                                   (incorporates by
                                   reference Cboe
                                   Options Chapter
                                   9).
Margin Requirements.............  Chapter 10          No change.
                                   (incorporates by
                                   reference Cboe
                                   Options Chapter
                                   10).
Net Capital Requirements........  Chapter 11          No change.
                                   (incorporates by
                                   reference Cboe
                                   Options Chapter
                                   11).
Summary Suspension..............  Chapter 12          No change.
                                   (incorporates by
                                   reference Cboe
                                   Options Chapter
                                   12).
Discipline......................  Chapter 13          No change.\9\
                                   (incorporates by
                                   reference Cboe
                                   Options Chapter
                                   13).
Arbitration.....................  Chapter 14          No change.
                                   (incorporates by
                                   reference Cboe
                                   Options Chapter
                                   14).
Hearings and Review.............  Chapter 15          No change.
                                   (incorporates by
                                   reference Cboe
                                   Options Chapter
                                   15).
------------------------------------------------------------------------

    The proposed rule change also updates cross-references to reflect
the proposed changes in the above table and updates chapter and section
headings and to conform to those in the Cboe Options rulebook. The
proposed rule change also corrects certain cross-references that are
currently inaccurate, as follows:
---------------------------------------------------------------------------

    \5\ In separate rule filings, the Exchange intends to align the
membership rules included in Chapter 3 of the Exchange's Rulebook
with the membership rules included in Cboe Options' Rulebook.
    \6\ Proposed Rule 1.13 is the same as Cboe Options Rule 1.15. As
Cboe Options Rules 1.13 and 1.14 are applicable to Cboe Options but
not the Exchange, the Exchange expects Cboe Options to submit a
separate filing to renumber Cboe Options Rule 1.15 to Rule 1.13, and
then renumber current Cboe Options Rules 1.13 and 1.14 to Rules 1.14
and 1.15, respectively.
    \7\ The Exchange notes current Rule 6.51 (proposed Rule 5.13) is
the same as Cboe Options Rule 5.86(e). As Cboe Options Rule 5.86(e)
is inapplicable to C2, the proposed rule change moves current Rule
6.51 to Rule 5.13, which is a rule number not currently in the Cboe
Options rulebook. The Exchange and Cboe Options will consider
whether additional changes can be made to further align this and
other rule numbers.
    \8\ Chapter 11 of the Exchange's Rulebook incorporates by
reference Chapter 11 of the Cboe Options Rulebook, including Cboe
Options Rule 11.6, which is virtually identical to current C2 Rule
8.8. Therefore, current C2 Rule 8.8 is redundant.
    \9\ Currently, Chapter 13 of the Exchange Rulebook states that
any references in Cboe Options Rule 13.15 to Rule 2.3 are deemed to
refer to C2 Rule 3.9. Current Rule 3.9 and Cboe Options Rule 2.3 are
identical, and with the proposed move of C2 Rule 3.9 to Rule 2.3,
that sentence in Chapter 13 is no longer necessary. Therefore, the
proposed rule change deletes that sentence from Chapter 13.
Additionally, Rule 13.15(g)(19) currently includes a parenthetical
reference to Rule 6.34(b), which is also referenced in the body of
that rule. The other C2-specific provisions in Rule 13.15 do not
include such parenthetical reference in the rule provision heading,
so the proposed rule change deletes that reference for consistency
throughout the rule.

------------------------------------------------------------------------
  Rule location of current       Current cross-       Revised/accurate
 inaccurate cross-reference         reference          cross-reference
------------------------------------------------------------------------
1.1 (definition of            6.80 (incorrect Cboe  5.65 (Cboe Options
 ``Protected Quotation'').     Options rule number   rule number
                               (which should be      incorporated by
                               Cboe Options Rule     reference into
                               5.65) incorporated    proposed C2 Chapter
                               by reference into     5, Section E).
                               current C2 Chapter
                               6, Section E).
1.1 (definition of ``System   Chapters 5 and 24     Chapter 4
 Securities'').                (should be Chapter    (incorporates by
                               4).                   reference Cboe
                                                     Options Chapter 4).
1.1 (definition of ``Unit'')  Rule 5.3,             Rule 4.3,
                               Interpretation and    Interpretation and
                               Policy .06            Policy .06) (Cboe
                               (incorrect Cboe       Options rule number
                               Options rule number   incorporated by
                               (which should be      reference into C2
                               Cboe Options Rule     Chapter 4).
                               4.3, Interpretation
                               and Policy .06)
                               incorporated by
                               reference into
                               current C2 Chapter
                               4).
6.42(f) (proposed Rule        Chapter 19 (should    Chapter 15 (which
 1.10(f)).                     be Chapter 15,        incorporates by
                               which incorporates    reference Cboe
                               by reference Cboe     Options Chapter
                               Options Chapter 15).  15).

6.43(a) (proposed Rule 1.11)  Rule 5.3.06           Rule 4.3,
                               (incorrect Cboe       Interpretation and
                               Options rule number   Policy .06) (Cboe
                               (which should be      Options rule number
                               Cboe Options Rule     incorporated by
                               4.3, Interpretation   reference into C2
                               and Policy .06)       Chapter 4).
                               incorporated by
                               reference into
                               current C2 Chapter
                               4).
3.1(f)......................  Chapter 17 (should    Chapter 13 (which
                               be Chapter 13,        incorporates by
                               which incorporates    reference Cboe
                               by reference Cboe     Options Chapter
                               Options Chapter 13).  13).
3.2(e)......................  Chapter 19 (should    Chapter 15 (which
                               be Chapter 15,        incorporates by
                               which incorporates    reference Cboe
                               by reference Cboe     Options Chapter
                               Options Chapter 15).  15).
3.6.........................  Chapter 16 (should    Chapter 12 (which
                               be Chapter 12,        incorporates by
                               which incorporates    reference Cboe
                               by reference Cboe     Options Chapter
                               Options Chapter 12).  12).
3.13 (proposed Rule 3.11)...  Rule 17.50            Rule 13.15 and
                               (incorrect Cboe       Chapter 13 (which
                               Options rule          incorporates by
                               number, which         reference Cboe
                               should be Cboe        Options Rule 13.15
                               Options Rule 13.15    and Chapter 13,
                               (incorporated by      respectively).
                               reference into C2
                               Chapter 13) and
                               Chapter 17 (should
                               be Chapter 13,
                               which incorporates
                               by reference Cboe
                               Options Chapter 13).
6.3(b) (proposed 5.3(b))....  5.7 (should be        5.2.
                               current Rule 6.2,
                               which is proposed
                               Rule 5.2).
6.10(c) (definition of        5.66 (incorrect Cboe  5.66 (Cboe Options
 ``Cancel Back'').             Options rule, which   rule incorporated
                               should be Cboe        by reference into
                               Options Rule 5.66     proposed C2 Chapter
                               (incorporated by      5, Section E).
                               reference into C2
                               Chapter 6, Section
                               E (proposed C2
                               Chapter 5, Section
                               E).
6.30(h) (proposed 5.10(h))..  8.1 (correct Cboe     8.1 (Cboe Options
                               Options rule          rule incorporated
                               number, but is        by reference into
                               incorporated by       proposed C2 Chapter
                               reference into        8).
                               current C2 Chapter
                               5 (proposed C2
                               Chapter 8)).
6.51 (proposed 5.13)........  8.1 (correct Cboe     8.1 (Cboe Options
                               Options rule          rule incorporated
                               number, but is        by reference into
                               incorporated by       proposed C2 Chapter
                               reference into        8).
                               current C2 Chapter
                               5 (proposed C2
                               Chapter 8)).
6.32, Interpretation and      6.1 (should be        5.31.
 Policy .02(c) (proposed       current 6.11
 5.20, Interpretation and      (proposed 5.31).
 Policy .02(c)).
6.61(a)(1) (proposed          8.5 and 8.14          8.5 and 8.14 (Cboe
 6.7(a)(1)).                   (correct Cboe         Options rules
                               Options rule          incorporated by
                               numbers, but is       reference into
                               incorporated by       proposed C2 Chapter
                               reference into        8).
                               current C2 Chapter
                               5 (proposed C2
                               Chapter 8)).
Chapter 7, Section B........  Section F of Cboe     Section B of Cboe
                               Options Chapter VI    Options Chapter 6
                               (should be Section    [sic].
                               B of Cboe Options
                               Chapter 6).
------------------------------------------------------------------------

    The proposed rule change makes no substantive changes to any rule
text.
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.\10\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \11\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \12\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
    \12\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes the proposed rule change will
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 by aligning the numbers and format of
the Exchange's rules within its Rulebook with the rule numbers of the
same rules in the rulebook of Cboe Options, which is affiliated with
the Exchange.\13\ The Exchange believes consistent numbering (and
chapter and section headings) among rulebooks of affiliated exchanges
for rules (and chapter and section headings) that are the same (or
substantially similar) may simplify the rulebooks of the Exchange and
its affiliated exchanges as well as reduce confusion among participants
of the Exchange that are also participants on Cboe Options. The
Exchange believes this consistency will foster cooperation and
coordination with persons engaged in facilitating transactions in
securities.
---------------------------------------------------------------------------

    \13\ A significant portion of the Exchange's Rulebook
incorporates by reference Cboe Options rules and is already aligned
numerically with the Cboe Options rulebook. The proposed rule change
aligns the numbers of all rules and chapters in the Exchange's
Rulebook with those of the Cboe Options rulebook.
---------------------------------------------------------------------------

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 proposed rule change has
no competitive impact, as it merely changes the numbers of certain
rules (and updates cross-references, as appropriate) and chapter and
section heading names and font, but makes no substantive changes to any
rule text.

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 \14\ and paragraph (f) of Rule 19b-4 \15\
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.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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_ADDRESS>Please include
File Number SR-C2-2021-009 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-C2-2021-009. 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-C2-2021-009 and should be submitted on
or before June 24, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-11609 Filed 6-2-21; 8:45 am]
BILLING CODE 8011-01-P