[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Notices]
[Pages 54356-54361]
[FR Doc No: 2023-17108]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98061; File No. SR-CboeEDGX-2023-048]

Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Enhance Its Drill-Through Protection Processes for Simple Orders and
Make Other Clarifying Changes

August 4, 2023.
    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 July 24, 2023, Cboe EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') 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

    Cboe EDGX Exchange, Inc. (the ``Exchange'' or ``EDGX'') proposes to
enhance its drill-through protection processes for simple orders and
make other clarifying 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/edgx/), 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 purpose of this rule filing is to amend Rule 21.17, Additional
Price Protection Mechanisms and Risk Controls, to enhance the drill-
through protection process for simple orders and make other clarifying
changes.
    Drill-through price protection is currently described in Exchange
Rule 21.17(a)(4). Under Rule 21.17(a)(4)(A), if a buy (sell) order
enters the EDGX Options Book \3\ at the conclusion of the opening
auction process or would execute or post to the EDGX Options Book at
the time of order entry, the System \4\ executes the order up to a
buffer amount (the Exchange determines the buffer amount on a class and
premium basis) above (below) the offer (bid) limit of the Opening
Collar or the National Best Offer (``NBO'') (National Best Bid
(``NBB'')) that existed at the time of order entry, respectively (the
``drill-through price'').\5\
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    \3\ ``EDGX Book'' means the System's electronic file of orders.
See Rule 1.5 (definition of, ``EDGX Book'').
    \4\ ``System'' means the electronic communications and trading
facility designated by the Board through which securities orders of
Users are consolidated for ranking, execution and, when applicable,
routing away. See Rule 1.5 (definition of, ``System'').
    \5\ See Rule 21.17(a)(4)(A).
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    Current Rule 21.17(a)(4)(B) (as amended, proposed Rule
21.17(a)(4)(C)) \6\ establishes an iterative drill-through process,
whereby the Exchange permits orders to rest in the Book for multiple
time periods and at more aggressive displayed prices during each time
period.\7\ Specifically, the System enters the order in the Book with a
displayed price equal to the drill-through price (unless the terms of
the order instruct otherwise).\8\ The order (or unexecuted portion)
will rest in the Book at the drill-through price for the duration of
consecutive time periods (the Exchange determines on a class-by-class
basis the length of the time period in milliseconds, which may not
exceed three seconds).\9\ Following the end of each period, the System
adds (if a buy order) or subtracts (if a sell order) one buffer amount
(the Exchange determines the buffer amount on a class-by-class basis)
to the drill-through price displayed during the immediately preceding
period (each new price becomes the ``drill-through price'').\10\ The
order (or unexecuted portion) rests in the Book at that new drill-
through price for the duration of the subsequent period. The System
applies a timestamp to the order (or unexecuted portion) based on the
time it enters or is re-priced in the Book for priority reasons. The
order continues through this iterative process until the earliest of
the following to occur: (a) the order fully executes; (b) the User \11\
cancels the order; and (c) the buy (sell) order's limit price equals or
is less (greater) than the drill-through price at any time during
application of the drill-through mechanism, in which case the order
rests in the Book at its limit price, subject to a User's instructions.
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    \6\ As part of the rule changes described herein, the Exchange
proposes to renumber current subparagraph (a)(4)(B) to be proposed
subparagraph (a)(4)(C), and to renumber current subparagraph
(a)(4)(C) to be proposed subparagraph (a)(4)(D).
    \7\ The Exchange will announce to Members the buffer amount and
the length of the time periods. The Exchange notes that each time
period will be the same length (as designated by the Exchange), and
the buffer amount applied for each time period will be the same.
    \8\ Currently, the drill through protections described under
current Rule 21.17(a)(4)(B) apply only to a limit order with a Time-
in-Force of Day, Good-til-Cancel (``GTC''), or Good-til-Day
(``GTD''). This rule proposal also seeks to clarify which orders are
subject to the drill-through protections, as describe herein.
    \9\ See current Rule 21.17(a)(4)(B)(i) (as amended, Rule
21.17(a)(4)(C)(i)). The proposed rule change defines this time
period as an ``iteration.''
    \10\ See current Rule 21.17(a)(4)(B)(ii) (as amended, Rule
21.17(a)(4)(C)(ii)).
    \11\ The term ``User'' shall mean any Member or Sponsored
Participant who is authorized to obtain access to the System
pursuant to Rule 11.3. See Rule 1.5.
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    Currently, the above-described iterative drill-through process does
not apply to market orders. Specifically, if a buy (sell) market order
would execute at the time of order entry, the System executes the order
up to the Exchange-determined buffer amount above (below) the NBO (NBB)
at the time of order entry and then rejects any remaining amount. For
example, suppose a market order to buy two contracts enters the System;
assume that the drill-through price buffer for a certain option series
is $0.90 and that the following quotes are in the Book: Quote 1 (NBBO):
1 @5.00 x 1 @7.00; Quote 2: 2 @4.00 x 1 @8.00. One contract in the
market order will execute against the 7.00 offer quote. The remaining
one contract of the market order is cancelled, because the next best
offer of 8.00 is 1.00 above the NBO, which is more than the 0.90 buffer
amount.
    The Exchange proposes for market orders with a Time-in-Force of Day
to go through the iterative drill-through process described above.\12\
The Exchange also proposes to amend proposed Rule 21.17(a)(4)(C) \13\
to clarify that limit orders with a Time-in-Force of Day, GTC, or GTD
also go through the iterative drill-through process. In the above
example, rather than cancel the remaining one contract, the System
would rest the one contract in the Book at the drill-through price of
7.90 (i.e. the NBO plus the buffer amount) for the Exchange-determined
time period. At the end of that time period, assuming the market has
not changed, the remaining one contract would execute against the 8.00
offer, which is within a buffer amount of the subsequent drill-through
price of 8.80. As a result, like super-aggressive limit orders (except
for those with Time-in-Force of Immediate-or-Cancel (``IOC'') or Fill-
or-Kill (``FOK'')) do today, market orders (except for those with Time-
in-Force of IOC) will have additional execution opportunities pursuant
to the drill-through process. As the proposed rule change only applies
to market orders with a Time-in-Force of Day, and the drill through
protections described under current Rule 21.17(a)(4)(C) continue to
apply only to those limit orders with a Time-in-Force of Day, GTC, or
GTD, the Exchange also proposes to adopt proposed Rule 21.17(a)(4)(B)
\14\ to specify that the System will cancel or reject any market order
with Time-in-Force of IOC (or unexecuted portion) or limit order with a
Time-in-Force of IOC or FOK (or unexecuted portion) not executed
pursuant to 21.17(a)(4)(A).\15\ The Exchange believes it is appropriate
to not have a market order with a Time-in-Force of IOC to go through
the iteration process, because the iteration process would be
inconsistent with the IOC instruction (and thus the user's intent).
Further, the Exchange proposes to amend Rule 21.17(a)(4)(A) to more

generally describe when applicable order types may become subject to
drill-through protection. Specifically, the Exchange proposes to
specify that the protections described in Rule 21.17(a)(4)(A) become
applicable if a buy (sell) order, to which Rule 21.17(a)(4)(A) would
apply, (i) enters the Book at the conclusion of opening auction
process, or (ii) would execute or post to the Book when it enters the
Book.\16\
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    \12\ See proposed Rule 21.17(a)(4)(C).
    \13\ See supra note 8.
    \14\ See supra note 8.
    \15\ There is no change to the handling of market orders with a
Time-in-Force of GTC or GTD as a result of this rule change; such
orders will continue to be rejected by the Exchange.
    \16\ This includes, for example, when a Stop (Stop-Loss) or
Stop-Limit order is elected.
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    The Exchange also proposes to amend Rule 21.17(a)(5)(A)(ii) to
exclude from the current protections for market orders in no-bid series
certain orders that would be otherwise subject to the drill-through
protection under the proposed rule changes. Currently, under Rule
21.17(a)(5)(A)(ii), if the System receives a sell market order in a
series after it is open for trading with an NBB of zero, and the NBO in
the series is greater than $0.50, the System cancels or rejects the
market order. The Exchange proposes amending this protection in the
event a drill-through process is in progress. Specifically, the
Exchange proposes to amend Rule 21.17(a)(5)(A)(ii) to note that in the
event the System receives a sell market order in a series after it is
open for trading with an NBB of zero and the NBO in the series is
greater than $0.50, if the drill-through process is in progress for
sell orders and the sell market order would be subject to drill-through
protection, then the order would join the on-going drill-through
process in the then-current iteration and at the then-current drill-
through price, regardless of NBBO. The Exchange believes it is not
optimal for these orders to be immediately booked at the minimum tick
increment, as under the proposed rule change, such orders would
instead, be subject to the drill-through protection mechanism described
under Rule 21.17(a)(4), which may allow opportunity for execution at a
more beneficial price level than the minimum tick increment.
    Further, the Exchange proposes to amend Rule 21.17(a)(1) to
specifically exclude orders that would be subject to drill-through
protection from the market order NBBO width protections described
therein. Currently, under Rule 21.17(a)(1), if a User submits a market
order to the System when the NBBO width is greater than x% of the
midpoint of the NBBO, subject to a minimum and maximum dollar amount
(as determined by the Exchange on a class-by-class basis), the System
cancels or rejects the market order. The Exchange proposes amending
Rule 21.17(a)(1) to exclude Stop Orders \17\ and Market-on-Close orders
from this protection. Such orders may intentionally be further away
from the NBBO at the time the order is entered, and the protection may
cause the orders to be inadvertently rejected pursuant to this check.
The Exchange believes it is not optimal for these orders to be subject
to the market order NBBO width protection, as the check may
inadvertently cause rejections for orders that may otherwise not have
an opportunity to execute if they are immediately cancelled due to
market width. Under the proposed rule change, such orders would
instead, upon entry into the Book (when elected in accordance with
their definitions), be subject to the drill-through protection
mechanism described under Rule 21.17(a)(4). The Exchange also proposes
a clarification to proposed Rule 21.17(a)(4)(D).\18\ Currently, under
Rule 21.17(a)(4)(D), if multiple Stop (Stop-Loss) or Stop-Limit \19\
orders to buy (sell) have the same stop price and are thus triggered by
the same trade price or NBBO, and would execute or post to the Book,
the System uses the contra-side NBBO that existed at the time the first
order in sequence was entered into the Book as the drill-through price
for all orders. The Exchange proposes to remove the conditional
language noting that such Stop (Stop-Loss) or Stop-Limit orders to buy
(sell) must have the same stop price, as it is possible that orders
with different stop prices may be triggered by the same trade price or
NBBO. Further, the Exchange proposes to add language stating that,
where multiple orders are simultaneously re-priced, the orders will be
prioritized under proposed Rule 21.17(a)(4)(C)(v) \20\ and will be
sequenced based on the original time each order was entered into the
Book.
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    \17\ A ``Stop Order'', or Stop (Stop-Loss) Order, is an order
that becomes a market order when the stop price is elected. A Stop
Order to buy is elected when the consolidated last sale in the
security occurs at, or above, the specified stop price. A Stop Order
to sell becomes a limit order when the consolidated last sale in the
security occurs at, or below, the specified stop price. See Rule
21.1(d)(11).
    \18\ See supra note 8.
    \19\ A ``Stop Limit Order'' is an order that becomes a limit
order when the stop price is elected. A Stop Order to buy is elected
when the consolidated last sale in the option occurs at or above, or
the NBB is equal to or higher than, the specified stop price. A Stop
Order to sell is elected when the consolidated last sale in the
option occurs at or below, or the NBO is equal to or lower than, the
specified stop price. See Rule 21.1(d)(12) (definition of ``Stop-
Limit'' order).
    \20\ See supra note 8.
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    For example, assume that the drill-through price buffer for a
certain option series is $0.90, and that the following quotes are in
the Book: Quote 1 (NBBO): 1 @5.00 x 1 @7.00; Quote 2: 2 @4.00 x 1
@8.00. Additionally, the following Stop orders are being held in the
System when Quote 2 is updated to 2 @4.00 x 1 @6.50 (the System
received these stop orders in the below sequence):
Order 1: Sell 1 @Market, Stop Price = $6.50
Order 2: Sell 1 @Market, Stop Price = $6.55
Order 3: Sell 1 @$3.95, Stop Price = $6.60

    Each of orders 1, 2 and 3 have a stop price less than the NBO, and
will therefore be triggered by the 6.50 quote and enter the Book for
execution or posting. A drill-through price for all three orders is set
at the contra-side NBB of 5.00. Per proposed Rule 21.17(a)(4)(C), the
orders will go through the drill-through process as follows:
    1. Order 1 will execute against Quote 1 @$5.00.
    2. Orders 2 and 3 are posted to sell at $4.10 for the Exchange-
determined time period.
    3. Drill-through process continues for orders 2 and 3 until they
are canceled or executed.
    As amended, under Rule 21.17(a)(4)(D), all Stop (Stop-Loss) and
Stop-Limit orders elected as a result of the same election trigger
(NBBO update or last sale price) will continue to use the same
reference price for drill-through (even though they may have different
stop prices).
    The Exchange proposes to amend Rule 21.17(a)(4)(C)(ii),\21\ to
specify that if at any time during the drill-through process, the NBO
(NBB) changes to be below (above) the current drill-through price, such
NBO (NBB) will become the new drill-through price and a new drill-
through will immediately begin. As a result, any improvements to the
market that occur while the drill-through is in process will be
incorporated, thereby providing Users with further opportunity to be
priced within the market while still being protected. Under the
proposed rule change, any limit order with a price that is less
aggressive than the new drill-through price would be entered in the
Book at its limit price.
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    \21\ See supra note 8.
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    The Exchange also proposes to add Rule 21.17(a)(4)(C)(iv) \22\ to
provide that if the System receives a market or limit

order that would be subject to the drill-through process while a drill-
through is in progress in the same series, the order joins the ongoing
drill-through process in the then-current iteration and at the then-
current drill-through price. Under the proposed rule, orders that come
in while a drill-through is in process receive the benefit of joining
the drill-through at the NBBO at the time of entry, as opposed to
immediately executing or being displayed at a more aggressive price
than the drill-through price. By way of illustration, consider the
following example:
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    \22\ As a result of the additional provisions described herein,
the proposed rule change renumbers current subparagraph (iv) to be
proposed subparagraph (vi) and current subparagraph (v) to be
proposed subparagraph (viii). See also supra note 8.
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    Assume that the drill-through price buffer for a certain option
series is $0.90, and that the following quotes are in the Book: Quote 1
(NBBO): 1 @5.00 x 1 @7.00; Quote 2: 2 @4.00 x 1 @8.00. The System
receives the following orders in the below sequence:

Order 1: Sell 1 @Market, Stop Price = $6.50
Order 2: Sell 1 @Market, Stop Price = $6.55
Order 3: Sell 1 @$3.95, Stop Price $6.60
Order 4: Sell 2 @Market, Stop Price = $4.50

    During this time, Quote 2 is updated to: 2 @4.00 x 1 @6.50. Orders
1, 2, and 3 are elected, and the drill-through reference price for all
three orders is set to contra-side NBB of 5.00.
    1. Order 1 executes Quote 1 @$5.00.
    2. Orders 2 and 3 are posted to sell @$4.10 (drill-through price)
for the Exchange-determined time period.
    3. Order 4 is elected due to updated best offer of $4.10, and joins
Orders 2 and 3 at the iterative drill-through price of $4.10. The offer
is updated to 4 @$4.10.
    4. Order 5 (Sell 10 @Market (Day)) and Order 6 (Sell 1 @$4.05 Limit
(Day)) enter the Book. Per proposed Rule 21.17(a)(4)(C)(iv), Orders 5
and 6 join the drill-through iteration at the drill-through reference
price of $4.10, and the best offer is updated to 15 @$4.10.
    5. The drill-through process continues for orders 2, 3, 4, 5, and 6
until the contracts are canceled or executed.
    Because the proposed rule change may result in multiple orders
going through the drill-through process at the same price and at the
same time, the proposed rule change also describes how these orders
will be prioritized and allocated when executing against resting
interest or incoming interest. Specifically, proposed Rule
21.17(a)(4)(C)(v) \23\ states the System prioritizes orders that are
part of the same drill-through iteration (A) based on the time the
System enters or reprices them in the Book (i.e., in time priority)
when, after an iteration, the new drill-through price makes the
order(s) marketable against resting orders and (B) in accordance with
the applicable base allocation algorithm when executing against any
incoming interest. The Exchange believes this is appropriate because
incoming marketable orders would ultimately execute in time priority
today. Additionally, having multiple orders execute in accordance with
the applicable base allocation algorithm when executing against
incoming interest is consistent with how resting orders execute against
incoming interest.
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    \23\ Id.
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    Continuing from the above example, assume the drill-through process
iterates to the next drill-through price, which would be $3.20. In
doing so, Order 6 posts at its limit price of $4.05, and the rest of
the orders are eligible to execute in time sequence against the resting
$4.00 bid. Per proposed Rule 21.17(a)(4)(C)(v), the orders will go
through the drill-through process as follows:
    1. Order 2 (Sell 1 @Market) will execute against Quote 2 @$4.00
    2. Order 3 (Sell 1 @$3.95) will execute against Quote 2 @$4.00
    3. The Quote 2 is exhausted, and the next best bid is Quote 1 for 5
@$3.00
    4. Remaining drill-through is Order 4 (Sell 2 @Market) and Order 5
(Sell 10 @Market). Market is now 5 @$3.00 x 12 @$3.20, and the drill-
through process continues until these contracts are executed or
cancelled.
    If, prior to the next drill-through iteration, Order 7 (buy 5
@$3.25) is entered and executes against Orders 4 and 5 at $3.20, the
allocation will depend on the allocation algorithm for the relevant
class, under the amended Rule.
    1. If pro-rata, Order 7 trades 1 contract against Order 4 and 4
contracts against Order 5.
    2. If price-time, Order 7 trades 2 contracts against Order 4 and 3
contracts against Order 5.
    3. Remaining size on Order 4 (if applicable) and Order 5 will
continue to drill-through as described in previous examples.
    The Exchange also proposes to amend Rule 21.17(a)(4)(C)(vi).\24\
Currently, the rule states that an order will continue through the
drill-through process until the earliest of the following to occur: (a)
the order fully executes; (b) the User cancels the order; and (c) the
buy (sell) order's limit price equals or is less (greater) than the
drill-through price at any time during application of the drill-through
mechanism, in which case the orders rests in the Book at its limit
price, subject to a User's instruction. The Exchange proposes to amend
part (c) to remove reference to when the order's limit price equals the
drill-through price, since under the drill-through process, if a buy
(sell) order's limit price equals the drill-through price during the
application of the drill-through mechanism it will remain part of the
drill-through process, until the order's limit price is less (greater)
than the drill-through price, at which point it will rest in the Book
at its limit price. The Exchange also proposes to remove reference to a
User's instruction, as there is no additional instruction that would
allow a User to choose a different order handling option once the buy
(sell) order limit price is less (greater) than the drill-through
price.
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    \24\ Id.
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    Finally, the Exchange proposes to add Rule 21.17(a)(4)(C)(vii) to
specify that the drill-through protection mechanism applies during all
trading sessions and to provide clarity as to what happens to orders
that are undergoing the drill-through process at the end of a trading
session. Under the proposed rule change, if an order(s) (or unexecuted
portion(s)) is undergoing the drill-through process at the end of a
Global Trading Hours (``GTH'') \25\ session, then the drill-through
process concludes and the order(s) (or unexecuted portions(s)) enters
the Regular Trading Hours (``RTH'') \26\ Queuing Book \27\ as a market
order or limit order (at its limits price) on that same trading day,
subject to a User's instructions. If an order(s) (or unexecuted
portion(s)) is undergoing the drill-through process at the end of its
last eligible trading session for that trading day (i.e., RTH), the
drill-through process concludes. Any order (or unexecuted portion) with
a Time-in-Force of (i) Day is canceled, and (ii) GTC or GTD enters the
Queuing Book for the next eligible trading session (i.e., GTH or RTH)
as a market order or limit order (at its limit price).
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    \25\ The Exchange does not currently operate a GTH session. In
the event the Exchange were to operate a GTH session, it would begin
at 8:30 a.m. and go until 9:15 a.m. ET on Monday through Friday.
    \26\ See Rule 1.5(y) for the definition of Regular Trading
Hours.
    \27\ See Rule 21.7 for the definition of Queuing Book.
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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.\28\ Specifically, the Exchange believes the
proposed rule change is consistent with the Section 6(b)(5) \29\
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) \30\ requirement that the rules of an exchange not be designed
to permit unfair discrimination between customers, issuers, brokers, or
dealers.
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    \28\ 15 U.S.C. 78f(b).
    \29\ 15 U.S.C. 78f(b)(5).
    \30\ Id.
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    In particular, the Exchange believes the proposed rule change to
enhance drill-through protections for simple orders and to make certain
market orders eligible for drill-through protection will remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, protect investors, because
it will provide these orders with additional and consistent execution
opportunities and protections. The primary purpose of the drill-through
price protection is to prevent orders from executing at prices ``too
far away'' from the market when they enter the Book for potential
execution. The Exchange believes the proposed rule change is consistent
with this purpose, because Users who submit market orders with a Time-
in-Force of Day will receive the same level of drill-through price
protection against execution at potentially erroneous prices that is
currently afforded to supermarketable limit orders while receiving the
same additional execution opportunities. Supermarketable limit orders
currently go through the drill-through process, and market orders with
a Time-in-Force of Day are functionally similar to supermarketable
limit orders. Therefore, the Exchange believes it is appropriate to
provide both types of orders with the same price protection.
    Further, the proposed rule change to provide that any new market
and limit orders that would be subject to drill-through protection will
join any in-progress drill-through iterations and display at the then-
current drill-through price (and the corresponding changes regarding
allocation and prioritization) allows new orders to receive the same
level of price protection as other orders undergoing the drill-through
process. The proposed rule change will allow all orders additional
execution opportunities while continuing to protect them against
execution at potentially erroneous prices. Similarly, the Exchange
believes the proposed change to consider changes to the NBO (NBB)
during drill-through and to update the drill-through price to such NBO
(NBB) should it be lower (higher) than the drill-through price will
further provide opportunity for execution at reasonable prices by
capturing any market moves that may result in more aggressive prices.
    The Exchange believes the proposal will enhance risk protections,
the individual firm benefits of which flow downstream to counterparties
both at the Exchange and at other options exchanges, which increases
systemic protections as well. The Exchange believes enhancing risk
protections will allow Users to enter orders and quotes with further
reduced fear of inadvertent exposure to excessive risk, which will
benefit investors through increased exposure to liquidity for the
execution of their orders.
    Additionally, the Exchange believes changes to specifically exclude
from market order NBBO width and market order in no-bid series
protections certain orders that would be subject to drill-through
protection will remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general,
protect investors. Specifically, the Exchange believes the changes to
exclude certain orders that would be subject to drill-through
protection from market order NBBO width protections may reduce
inadvertent rejection of such orders which may be purposely priced far
away from the NBBO at the time of entry and may otherwise miss an
opportunity for execution if immediately cancelled. The Exchange also
believes the changes to exclude certain orders that would be subject to
drill-through protection from market order in no-bid series protections
may allow opportunity for execution at a more beneficial price level
than if they were immediately booked at the minimum tick increment.
This proposed rule change may increase execution opportunities for
Users that submit such Stop (Stop-Loss) and Market-on-Close orders (in
the case of market order NBBO width protections) and sell market orders
with an NBB of zero when the NBO in the series is greater than $0.50
(in the case of market orders in no-bid series protections).
    The Exchange believes the proposed change to Rule 21.17(a)(4)(D)
will protect investors because it clarifies that if multiple Stop
(Stop-Loss) and Stop-Limit orders are triggered by the same trade price
or NBBO (even if the orders have different stop prices), and would
execute or post to the Book, the System uses the contra-side NBBO that
existed at the time the first order in sequence was entered into the
Book as the drill-through price for all orders. The Exchange believes
that the proposed rule change will bring greater transparency and
clarity to the rulebook, thus benefitting investors.
    Finally, the Exchange believes the proposed changes to clarify when
an order ceases to remain a part of the drill-through process and to
specify what happens to orders undergoing drill-through at the end of a
trading session will protect investors by adding transparency to the
rules regarding the drill-through functionality and provide greater
certainty as to the application of the drill-through process.

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 does not
believe that the proposed rule change will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because the enhanced drill-
through protection will apply to all marketable orders in the same
manner. Additionally, it will provide the same price protection and
execution opportunities to relevant market orders that are currently
provided to supermarketable limit orders, which function in a similar
manner.
    The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
enhancement to the drill-through protection is consistent with the
current protection and provides relevant market orders with improved
protection against execution at potentially erroneous prices through
drill-through price protection in accordance with User instructions.
Additionally, the proposed rule change relates specifically to a price
protection offered on the Exchange and how the System handles orders as
part of this price protection mechanism.

    The Exchange believes the proposed rule change would ultimately
provide all market participants with additional execution opportunities
when appropriate while providing protection from erroneous execution.
The Exchange believes the proposal will enhance risk protections, the
individual firm benefits of which flow downstream to counterparties
both at the Exchange and at other options exchanges, which increases
systemic protections as well. The Exchange believes enhancing risk
protections will allow Users to enter orders and quotes with further
reduced fear of inadvertent exposure to excessive risk, which will
benefit investors through increased exposure to liquidity for the
execution of their orders. Without adequate risk management tools,
Members could reduce the amount of order flow and liquidity they
provide. Such actions may undermine the quality of the markets
available to customers and other market participants. Accordingly, the
proposed rule change is designed to encourage Members to submit
additional order flow and liquidity to the Exchange. Accordingly, the
proposed rule change is designed to encourage Members to submit
additional order flow and liquidity to the Exchange. The proposed
flexibility may similarly provide additional execution opportunities,
which further benefits liquidity in potentially volatile markets. In
addition, providing Members with more tools for managing risk will
facilitate transactions in securities because, as noted above, Members
will have more confidence protections are in place that reduce the
risks from potential system errors and market events.
    Finally, the proposed clarifying changes are not intended to have
any impact on competition, but rather codify current functionality to
add transparency to the Rules.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \31\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\32\
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    \31\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \32\ 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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number
    SR-CboeEDGX-2023-048 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-CboeEDGX-2023-048. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-CboeEDGX-2023-048 and should
be submitted on or before August 31, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
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    \33\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-17108 Filed 8-9-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 131 (Tuesday, July 11, 2023)]
[Notices]
[Pages 44128-44129]
[FR Doc No: 2023-14589]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-11126-01-OW]

Meeting of the National Drinking Water Advisory Council

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of a public meeting.

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SUMMARY: The U.S. Environmental Protection Agency's (EPA) Office of
Ground Water and Drinking Water is announcing a virtual meeting of the
National Drinking Water Advisory Council (NDWAC or Council) as
authorized under the Safe Drinking Water Act (SDWA). The purpose of the
meeting is for EPA to update the Council on Safe Drinking Water Act
programs and to consult with the NDWAC as required by the SDWA on a
final National Primary Drinking Water Regulation (NPDWR) for per- and
polyfluoroalkyl substances (PFAS). On March 14, 2023, EPA announced the
proposed National Primary Drinking Water Regulation (NPDWR) for six
PFAS including perfluorooctanoic acid (PFOA), perfluorooctane sulfonic
acid (PFOS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide
dimer acid (HFPO-DA, commonly known as GenX Chemicals), perfluorohexane
sulfonic acid (PFHxS), and perfluorobutane sulfonic acid (PFBS). EPA
proposed regulating PFOA and PFOS as individual contaminants, and
PFHxS, PFNA, PFBS, and HFPO-DA (commonly referred to as GenX Chemicals)
as a PFAS mixture. Additional details including other topics for
discussion will be provided in the meeting agenda, which will be posted
on EPA's NDWAC website. See the SUPPLEMENTARY INFORMATION section of
this announcement for more information.

DATES: The meeting will be held on August 8, 2023, from 10:30 a.m. to 5
p.m., eastern time.

ADDRESSES: This will be a virtual meeting. There will be no in-person
gathering for this meeting. For more information about attending,
providing oral statements, and accessibility for the meeting, as well
as sending written comments, see the SUPPLEMENTARY INFORMATION section
of this announcement.

FOR FURTHER INFORMATION CONTACT: Elizabeth Corr, NDWAC Designated
Federal Officer, Office of Ground Water and Drinking Water (Mail Code
4601), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue
NW, Washington, DC 20460; telephone number:<PHONE_NUMBER>; email
address: [email protected].

SUPPLEMENTARY INFORMATION:
    Attending the Meeting: The meeting will be open to the general
public. The meeting agenda and information on how to register for and
attend the meeting online will be provided on EPA's website at: https://www.epa.gov/ndwac prior to the meeting.

    Oral Statements: EPA will allocate one hour for the public to
present oral comments during the meeting. Oral statements will be
limited to three minutes per person during the public comment period.
It is preferred that only one person present a statement on behalf of a
group or organization. Persons interested in presenting an oral
statement should send an email to [email protected] by noon, eastern time,
on August 1, 2023.
    Written Statements: Any person who wishes to file a written
statement can do so before or after the Council meeting. Send written
statements by email to [email protected] or see the FOR FURTHER INFORMATION
CONTACT section if sending statements by mail. Written statements
received by noon, eastern time, on August 1, 2023, will be distributed
to all members of the Council prior to the meeting. Statements received
after that time will become part of the permanent file for the meeting
and will be forwarded to the Council members after conclusion of the
meeting. Members of the public should be aware that their personal
contact information, if included in any written comments, may be posted
to the NDWAC website. Copyrighted material will not be posted without
the explicit permission of the copyright holder.
    Accessibility: For information on access or services for
individuals with disabilities, or to request accommodations for a
disability, please contact Elizabeth Corr by email at
[email protected], or by phone at<PHONE_NUMBER>, preferably at
least 10 days prior to the meeting to allow as much time as possible to
process your request.
    National Drinking Water Advisory Council: The NDWAC was created by
Congress on December 16, 1974, as part of the Safe Drinking Water Act
(SDWA) of 1974, Public Law 93-523, 42 U.S.C. 300j-5, and is operated in
accordance with the provisions of the Federal Advisory Committee Act
(FACA), 5 U.S.C. App. 2. The NDWAC was established to advise, consult
with, and make recommendations to the EPA Administrator on matters
relating to activities, functions, policies, and regulations under the
SDWA. General information concerning the NDWAC is available at: https://www.epa.gov/ndwac.

Jennifer L. McLain,
Director, Office of Ground Water and Drinking Water.
[FR Doc. 2023-14589 Filed 7-10-23; 8:45 am]
BILLING CODE 6560-50-P