[Federal Register Volume 83, Number 249 (Monday, December 31, 2018)]
[Notices]
[Pages 67794-67801]
[FR Doc No: 2018-28396]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84928; File No. SR-CboeBZX-2018-092]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
To Adopt Definitions of Ports and Discontinue Bulk Order Functionality
and Implement Bulk Message Functionality

December 21, 2018.
    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 December 18, 2018, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
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 BZX Exchange, Inc. (the ``Exchange'' or ``BZX Options'')
proposes to adopt definitions of ports and discontinue bulk order
functionality and implement bulk message functionality. 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://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), 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
    In 2016, the Exchange's parent company, Cboe Global Markets, Inc.
(``Cboe Global''), which is the parent company of Cboe Exchange, Inc.
(``Cboe Options'') and Cboe C2 Exchange, Inc. (``C2''), acquired the
Exchange, Cboe EDGA Exchange, Inc. (``EDGA''), Cboe EDGX Exchange, Inc.
(``EDGX or EDGX Options''), and Cboe BYX Exchange, Inc. (``BYX'' and,
together with C2, Cboe Options, the Exchange, EDGA, and EDGX, the
``Cboe Affiliated Exchanges''). The Cboe Affiliated Exchanges are
working to align certain system functionality, retaining only intended
differences between the Cboe Affiliated Exchanges, in the context of a
technology migration. Cboe Options intends to migrate its technology to
the same trading platform used by the Exchange, C2, and EDGX Options in
the fourth quarter of 2019. The proposals set forth below are intended
to add certain functionality to the Exchange's System that is more
similar to functionality offered by Cboe Options in order to ultimately
provide a consistent technology offering for market participants who
interact with the Cboe Affiliated Exchanges, as well as codify certain
functionality. Although the Exchange intentionally offers certain
features that differ from those offered by its affiliates and will
continue to do so, the Exchange believes that offering similar
functionality to the extent practicable will reduce potential confusion
for Users.
Port Definitions
    The Exchange currently provides access to BZX Options to Users \3\
through various ports. These ports have been previously described in
multiple filings submitted by the Exchange \4\ and are referenced on
the Exchange's fee schedule. However, the Exchange has not previously
maintained any language in its Rules related to such ports. The
Exchange proposes to add language to Rule 21.1(l) to provide additional
clarity

in the Exchange's Rules and to conform to the Rules of other Cboe
Affiliated Exchanges that include definitions of ports.\5\
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    \3\ The term ``User'' means any Options Member or Sponsored
Participant who is authorized to obtain access to the Exchange's
System (as defined below) pursuant to Rule 11.3. See current Rule
16.1(a)(63) (proposed subparagraph (64)).
    \4\ See Securities Exchange Act Release Nos. 82052 (November 9,
2017), 82 FR 53547 (November 16, 2017) (SR-BatsBZX-2017-76)
(modifying fees for physical ports on an immediately effective
basis); and 61650 (March 4, 2010), 75 FR 11951 (March 12, 2010) (SR-
BATS-2010-005) (adopting initial fees for BZX Options, including
description of logical and physical ports).
    \5\ See C2 Rule 1.1 (definition of port); and EDGX Options Rule
21.1(j).
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    The Exchange proposes to define three different types of ports,
specifically, physical ports, logical ports, and bulk ports. Currently,
the Exchange also offers bulk order ports. However, as discussed below,
the Exchange intends to enhance those ports with bulk message
functionality and rename them as bulk ports, so the proposed rule
change does not define bulk order port.
    The Exchange proposes to define a ``physical port'' as a port that
provides a physical connection to the System. The Exchange also
proposes to note that a physical port may provide access to multiple
logical ports.\6\
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    \6\ See proposed Rule 21.1(l)(1).
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    The proposed rule change states that a ``logical port'' or
``logical session'' provides Users with the ability within the System
to accomplish a specific function through a connection, such as order
entry, data receipt, or access to information.\7\
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    \7\ See proposed Rule 21.1(l)(2).
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Bulk Message Functionality
    Cboe Options currently offers quoting functionality to Market-
Makers, which permits Market-Makers to update their electronic quotes
in block quantities.\8\ Quotes on Cboe Options do not route to other
exchanges,\9\ and Market-Makers generally enter new quotes at the
beginning of the trading day based on-then current market
conditions.\10\ The Exchange currently offers bulk order functionality,
which is intended to provide Users, and Market-Makers in particular,
with a way to submit orders that simulate quoting functionality.\11\
However, while bulk order functionality simulates quoting
functionality, bulk order functionality provides Users with a less
efficient way to update multiple bids and offers. To update multiple
bids and offers, a User must submit multiple messages at the same time,
compared to quoting functionality, which generally permits a market
participant to update multiple bids and offers in a single quote
message. Specifically, a bulk order port is a dedicated logical port
that provides Users with the ability to submit single and bulk order
messages to enter, modify, or cancel orders designated as Post Only
Orders \12\ with a Time-in-Force of Day \13\ or Good-til-Date (``GTD'')
\14\ with an expiration time on that trading day. Like quotes, bulk
order messages do not route to other exchanges because they include a
Post Only instruction.\15\ Use of the Day or GTD Time-in-Force is
consistent with Market-Maker's entry of new quotes at the beginning of
each trading day.\16\ Unlike current Cboe Options quoting
functionality, bulk order ports on the Exchange are available to all
Users, not just Market-Makers. The Exchange makes bulk order ports
available to all Users to encourage them to provide liquidity to the
Exchange's market.
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    \8\ See Cboe Options Rule 1.1(ppp).
    \9\ See Cboe Options Rule 6.14B (which describes how the
Exchange routes orders (specifically intermarket sweep orders) but
not quotes route to other exchanges); see also Nyse Arca, LLC
(``Arca'') Rule 6.37-O(a)(3)(D) (which states quotes do not route).
    \10\ The Exchange understands this is common practice by Market-
Makers throughout the industry, and is consistent with Cboe Options
functionality, which cancels all unexecuted resting Market-Maker
quotes at the close of each trading day. Additionally, it is
consistent with Market-Makers' obligation to update market
quotations in response to changed market conditions. See Rule
22.5(a)(5); see also Cboe Options Rule 8.7(b)(iii).
    \11\ See Technical Specifications for binary order entry (BOE)
available at http://markets.cboe.com/us/options/support/technical/.
For instance, when initially adopted by the Exchange for its
equities platform, bulk order entry was described as a ``bulk-
quoting interface'' and such functionality was limited to BZX market
makers. See Securities Exchange Act Release No. 65133 (August 15,
2011), 76 FR 52032 (August 19, 2011) (SR-BATS-2011-029). Bulk
quoting was shortly thereafter expanded to be available to all
participants on BZX Options but the focus remained on promoting
liquidity provision on the Exchange, even though the types of
messages permitted were not limited to liquidity providing orders.
See Securities Exchange Act Release No. 65307 (September 9, 2011),
76 FR 57092 (September 15, 2011) (SR-BATS-2011-034).
    \12\ See Rule 21.1(d)(8) for the definition of ``Post Only
Orders.''
    \13\ See Rule 21.1(f)(3) for the definition of the ``Day'' Time-
in-Force.
    \14\ See Rule 21.1(f)(1) for the definition of the ``GTD'' Time-
in-Force.
    \15\ See Rule 21.1(d)(8), which provides that an order with a
Post Only instruction may not route away to another exchange.
    \16\ See supra note 12.
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    The Exchange proposes to replace bulk order functionality with bulk
message functionality substantially similar to the quoting
functionality available on Cboe Options. The proposed bulk message
functionality is similar to but more efficient than currently available
bulk order functionality.\17\ A ``bulk port'' is a dedicated logical
port that, as proposed, would provide Users with the ability to submit:
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    \17\ See supra note 13.
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    (1) bulk messages,\18\ subject to the following:
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    \18\ Proposed Rule 16.1(a)(4) defines a bulk message as a bid or
offer included in a single electronic message a User submits to the
Exchange in which the User may enter, modify, or cancel up to an
Exchange-specified number of bids and offers (which number the
Exchange will announce via Exchange notice or publicly available
technical specifications). This is similar to Cboe Options Rule
1.1(ppp), which provides that electronic quotes may be updated in
block quantities. The limit on bids and offers per message is a
reasonable measure for the Exchange to use to manage message traffic
and activity to protect the integrity of the System. Proposed Rule
16.1(a)(4) also states that a User may submit a bulk message through
a bulk port as set forth in proposed Rule 21.1(l)(3), and that the
System handles a bulk messages in the same manner as it handles an
order or quote, unless the Rules specify otherwise. In other words,
a bulk message will be treated as an order (or quote if submitted by
a Market-Maker) pursuant to the Rules, including with respect to
priority and allocation. The proposed rule change identifies the
rule provisions pursuant to which bulk messages will be handled in a
different manner. The proposed rule change also amends the paragraph
numbering in Rule 16.1(a) to account for the addition of bulk
messages in subparagraph (a)(4).
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    (a) a bulk message has a Time-in-Force of Day;
    (b) a Market-Maker with an appointment in a series may designate a
bulk message for that series as Post Only or Book Only (which Post Only
or Book Only designation, as applicable, applies to all bulk message
bids and offers within a single message),\19\ and other Users must
designate a bulk message for that series as Post Only;
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    \19\ In other words, for example, a Market-Maker cannot
designate one bulk message bid within a single message as Post Only
and designate another bulk message bid within the same message as
Book Only.
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    (c) a User may establish a default Match Trade Prevention (``MTP'')
Modifier of MTP Cancel Newest (``MCN''), MTP Cancel Oldest (``MCO''),
or MTP Cancel Both (``MCB''), and a default value of Attributable or
Non-Attributable, for a bulk port, each of which applies to all bulk
messages submitted to the Exchange through that bulk port;
    (d) a User may designate a bulk message as ``Price Improving''
(which Price Improving designation applies to all bulk message bids and
offers within a single message); \20\ and
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    \20\ See proposed change to Rule 21.1(d)(6).
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    (e) a bulk message is subject to the display-price sliding process
in Rule 21.1(h) \21\; and
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    \21\ See proposed change to Rule 21.1(h), which provides that
the display-price sliding process applies to orders and all bulk
messages, except that a Post Only bulk message that locks or crosses
a Protected Quotation displayed by the Exchange (unlike a Post Only
order) upon entry will be cancelled, as further discussed below
(proposed Rule 21.1(l)(3)(A)(vi) states the System cancels or
rejects a Post Only bulk message bid (offer) with a price that locks
or crosses the Exchange best bid (offer) or ABO (ABB)).
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    (2) single orders in the same manner as Users may submit orders to
the Exchange through any type of port,\22\ including designated with
any Order

Type and any Time-in-Force in Rule 21.1(d) and (f), respectively.
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    \22\ This is consistent with how Users may submit single orders
to the Exchange through bulk order ports today, and thus the
proposed rule change is merely codifying this functionality.
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    Proposed Rule 21.1(l)(3)(A)(i) states that bulk messages have a
Time-in-Force of Day. As discussed above, this is consistent with
current Cboe Options quoting functionality, which cancels all resting
quotes at the close of the trading day.\23\ This is also consistent
with a Market-Maker's obligation to update its quotations in response
to changed market conditions in its appointed classes.\24\ Unlike
current bulk orders, the GTD Time-in-Force with an expiration time on
that trading day will not be available for bulk messages. Users will
continue to have the ability to manually cancel bulk messages at any
time during the trading day, they will just not be able to have bulk
messages automatically cancel at a specific time on that trading day.
Additionally, Users may apply the GTD Order Type to orders submitted
through a bulk port (as further discussed below) or other type of port.
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    \23\ See supra note 12.
    \24\ See Rule 22.5(a)(5).
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    Unlike Cboe Options quoting functionality, which is only available
to Cboe Options market-makers, the proposed bulk messages will be
available to all Users (as bulk orders are today). While all Users will
be able to use bulk messages (and may currently use bulk orders), the
primary purpose of bulk orders and the proposed bulk messages has
always been to encourage market-maker quoting on exchanges.\25\ The
proposed rule change provides that a Market-Maker with an appointment
in a series may designate a bulk message for that series as ``Post
Only'' or ``Book Only.'' This will provide Exchange Market-Makers with
functionality substantially similar to Cboe Options quoting
functionality currently available to Cboe Options market-makers, which
permits Market-Makers' incoming quotes to execute against resting
orders and quotes.\26\ The Exchange believes permitting Market-Makers
to use bulk messages to remove liquidity from the Book (if they so
elect) will put Exchange Market-Makers on an even playing field as
market-makers on other exchanges that offer quoting functionality.
Additionally, Market-Makers are subject to various obligations,
including obligations to provide two-sided quotes, to provide
continuous quotes, and to trade at least 75% of its contracts each
quarter in appointed classes. The Exchange believes providing Market-
Makers with flexibility to use the Post Only or Book Only instruction
with respect to bulk messages will provide Market-Makers with
additional tools to meet their obligations in a manner they deem
appropriate. The Exchange further believes this may encourage liquidity
providers to register as Market-Makers.
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    \25\ See supra note 13.
    \26\ Incoming market-maker quotes on some options exchanges may
execute against interest resting in the book (see, e.g., Arca Rule
6.37A-O(a)(3)), while on other options exchanges they may not (see,
e.g., Box Options Exchange, LLC (``BOX'') Rule 8050, IM-8050-3).
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    The proposed rule change provides that other Users (i.e., non-
Market-Makers or Market-Makers without an appointment in a series) must
designate a bulk message for that series as ``Post Only.'' This is
consistent with current bulk orders available to these Users, and will
continue to provide Users with flexibility to avoid incurring a take
fee if their intent is to add liquidity to the Book. The Exchange notes
these Users may apply the Book Only instruction to orders submitted to
the Exchange through bulk ports or other ports. The proposed rule
change also amends Rule 21.9 to make clear that bulk messages (like
current bulk orders) are not eligible for routing (which is consistent
with the Order Types of Post Only and Book Only, which do not route to
other options markets).\27\
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    \27\ See also Cboe Options Rule 6.14B; and Arca Rule 6.37A-
O(a)(3)(D).
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    The proposed rule change also permits Users to establish a default
MTP Modifier of MCN, MCO, or MCB that would apply to all bulk messages
submitted through a bulk port. Cboe Options currently offers a Market-
Maker Trade Prevention Order, which would be cancelled if it would
trade against a resting quote or order for the same Market-Maker, and
also cancel the resting order or quote.\28\ This is equivalent to the
MCB Modifier (except the MCB Modifier may be used by all Users rather
than just Market-Makers). The proposed rule change provides Users with
the ability to apply the same trade prevention designation that is
available for quotes on Cboe Options to bulk messages (MCB), as well as
two additional MTP options (MCN and MCO) (the Exchange notes there is
currently no trade prevention functionality equivalent to MCN or MCO
available on Cboe Options for quotes). Allowing three MTP designations
for bulk messages will provide Users with additional control over the
circumstances in which their bulk messages (and resting orders
(including bulk messages)) will interact with each other. The Exchange
does not believe there is demand by Users for the MDC and MCS modifies
(which are available on the Exchange for orders) for bulk messages (the
Exchange notes there is currently no trade prevention functionality
equivalent to MDC or MCS available on Cboe Options for quotes). The
Exchange notes all Users may continue to apply all MTP Modifiers to
orders submitted through a bulk port (as further discussed below) or
any other type of port.
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    \28\ See Cboe Options Rule 6.53(v).
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    The Exchange believes permitting Users to designate bulk messages
as Price Improving and subjecting bulk messages to the display-price
sliding process will encourage Users to submit aggressive bids and
offers and will provide market participants with additional
opportunities for execution and price improvement. Price Improving bulk
messages will function in the same manner as Price Improving
Orders,\29\ except all Price Improving bulk messages will be subject to
the display-price sliding process. With respect to the display-price
sliding process, bulk messages will be handled in the same manner as
orders, except a Post Only bulk message that locks or crosses a
Protected Quotation displayed by the Exchange upon entry will be
cancelled.\30\ This is unlike a Post Only Order, which, if it locks or
crosses a Protected Quotation displayed by the Exchange upon entry and
is subject to the display-price sliding process, will execute against
an order resting on the BZX Options Book if the value of price
improvement associated with such execution equals or exceeds the sum of
fees charged for such execution and the value of any rebate that would
be provided if the order posted to the BZX Options Book and
subsequently provided liquidity.\31\ The Exchange believes it is
reasonable to cancel a Post Only bulk message, which will be subject to
the display-price sliding process, rather than execute it if the price
improvement value would exceed a rebate, because it is consistent with
the purpose of a Post Only bulk message, which is to provide liquidity
to the BZX Options Book.
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    \29\ Users may enter an instruction to not subject Price
Improving Orders to the display-price sliding process. See Rule
21.1(d)(6).
    \30\ See proposed Rule 21.1(h)(4); see also proposed Rule
21.1(l)(3)(A)(vi).
    \31\ See Rule 21.1(d)(8).
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    Generally, the System will handle bulk messages in the same manner
as it handles orders with the same Order Types and Times-in-Force that
will be available for bulk messages, including prioritizing,
displaying, and executing them pursuant to Rule 21.8. Proposed Rule
21.1(l)(3)(A)(vi) and (vii) adds detail regarding how the System will
handle bulk messages. Specifically, proposed subparagraph (A)(vi)
states the

System will cancel or reject a Post Only bulk message bid (offer) with
a price that locks or crosses the Exchange best offer (bid) or the ABO
(ABB).\32\ This is consistent with how the System would handle a Post
Only order not subject to the Price Adjust process.\33\ Pursuant to the
Post Only instruction, an order (or bulk message as proposed) may not
remove liquidity from the Book or route away to another Exchange
(subject to certain exceptions).\34\ If a Post Only bulk message locked
or crossed the best contra-side interest on the Exchange, the System
would cancel it to prevent execution of the bulk message against the
interest on the Exchange in accordance with the User's instructions and
to prevent the Exchange from displaying a locked or crossed market.\35\
Similarly, if a Post Only bulk message locked or crossed an away
market, the System would cancel it since it cannot route in accordance
with the User's instructions and to prevent the Exchange's
dissemination of a locked or crossed market.\36\
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    \32\ ``ABBO'' means the best bid (offer) disseminated by other
exchanges.
    \33\ See Rule 21.1(i). Pursuant to the Price Adjust process, the
System ranks and displays a buy (sell) order that, at the time of
entry, would lock a Protected Quotation of the Exchange or another
Exchange at one minimum price increment below (above) the current
NBO (NBB). The System executes a Book Only order against orders and
quotes and cancels any unexecuted portion if displaying the order on
the Book would create violation of Rule 27.3, and the System rejects
a Post Only order that locks or crosses the opposite side Exchange
best bid or offer (``BBO'') or if displaying the order on the Book
would create a violation of Rule 27.3. Bulk messages will not be
eligible for the Price Adjust process, and thus will be handled
similar to an order not subject to the Price Adjust process. See
proposed Rule 21.1(i)(5) (which clarifies that the Price Adjust
Process will not apply to bulk messages).
    \34\ See Rule 21.1(d)(8).
    \35\ See Chapter XXVII of the Rules; see also Options Order
Protection and Locked/Crossed Market Plan (the ``Linkage Plan'').
    \36\ See id.
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    Similarly, proposed subparagraph (A)(vii) states the System will
execute a Book Only bulk message bid (offer) that locks or crosses the
ABO (ABB) against offers (bids) resting in the Book at prices the same
as or better than the ABO (ABB) and then cancels the unexecuted portion
of that bid (offer). This is consistent with how the System would
handle a Book Only order not subject to the Price Adjust process.
Pursuant to the Book Only instruction, an order (or bulk message as
proposed) may not route away to another Exchange. If a Book Only bulk
message locked or crossed an away market, the System would execute it
to the extent it could against contra-side interest on the Exchange and
then cancel it since it cannot route in accordance with the User's
instructions and to prevent the Exchange's dissemination of a locked or
crossed market.\37\ In addition to being similar to current Exchange
Rules regarding the handling of Post Only and Book Only Orders not
subject to the Price Adjust process, the Exchange notes that proposed
subparagraphs (A)(vi) and (vii) are substantially the same as another
exchange's handling rules applicable to quotes.\38\
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    \37\ See id.
    \38\ See Cboe Options Rule 6.14(b) (if Cboe Options is not at
the NBBO, the System rejects a quote back to a Market-Maker if the
quote locks or crosses the NBBO, which is the ABBO) and (c) (if the
Cboe Options System accepts a quote that locks or crosses the NBBO,
it executes the quote against quotes and orders in the Cboe Options
Book at the price(s) that is the same or better than the best price
disseminated by an away exchange(s) up to the size available on the
Exchange and cancels the remaining size if the quote's price locks
or crosses the ABBO or books any remaining size); see also Rule
6.37A-O(a)(3).
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    Proposed Rule 21.6(a) provides that a User may enter only one bid
and one offer for a series per Executing Firm ID (``EFID'') per bulk
port. The Exchange believes this will encourage Users to submit their
best bids and offers in series, and thus provide displayed liquidity to
the market and contribute to public price discovery. Note firms may
have multiple EFIDs and multiple bulk ports, and thus will have the
ability through separate ports or EFIDs to submit additional bids and
offers using bulk messages in the same series if they choose. This
provision is consistent with the rule interpretation of another
exchange.\39\
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    \39\ See Cboe Options Regulatory Circular RG18-008 (March 6,
2018), which provides that each market-maker acronym may only have
one quote (which is considered to be a two-sided quote) in each
series at a time. An EFID is comparable to an acronym. Under Cboe
Options rules, the term Market-Maker generally refers to an
individual (and thus a person with a specific acronym), except as
otherwise provided in the Rules. See, e.g., Cboe Options Rule
8.7(d)(ii)(B) (which provides that market-maker continuous
electronic quoting obligations may be satisfied by market-makers
either individually or collectively with market-makers of the same
TPH organization). The interpretation in the circular referenced
above is consistent with this term and a Market-Maker's obligations
set forth in Rule 8.7 (e.g. market-Makers must contribute to the
maintenance of a fair and orderly market, including by competing to
improve markets, update quotes in response to changed market
conditions, and price options contracts fairly).
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    In addition to permitting Users to submit bulk orders (which
functionality the Exchange will discontinue and replace with bulk
message functionality), current bulk order ports permit Users to submit
single orders to the Exchange. To encourage Users that may not have
quoting systems to provide liquidity to the Exchange, the proposed rule
change will permit Users to continue to submit single orders to the
Exchange through these ports in the same manner as they do today, which
are proposed to be renamed as bulk ports. Proposed Rule 21.1(l)(3)(B)
will permit Users to designate these orders in the same manner Users
may submit orders to the Exchange through any other type of port,
including designated with any Order Type and any Time-in-Force in Rule
21.1(d) and (f), respectively. This will provide Users with the same
functionality that is available for single orders submitted through
bulk ports today, and allow their liquidity to rest on the Exchange for
multiple trading days, if Users so choose. This will also provide Users
with additional control over the orders they use to provide liquidity
to the Exchange through bulk ports.
    While liquidity providers are most commonly registered market-
makers, other professional traders also provide liquidity to the
options market, which contributes to price discovery. As a result,
unlike other exchanges that restrict quoting functionality to market-
makers, the Exchange believes it is appropriate to make bulk messages
available to all Users to encourage them to provide liquidity, which is
critical to the Exchange's market. Additionally, permitting orders to
be submitted through bulk ports will continue to provide all liquidity
providers with this functionality that is available today, as well as
additional flexibility with respect to this functionality they may use
to provide liquidity to the Exchange.
    The proposed rule change adds a price protection mechanism for bulk
messages similar to the fat finger check the Exchange currently
provides for orders. Proposed Rule 21.17(f) states the System cancels
or rejects any bulk message bid (offer) above (below) the NBO (NBB) by
more than a specified amount determined by the Exchange. This is
similar to the fat finger check currently applicable to limit
orders.\40\ Bulk messages that cross the NBBO by more than a specified
amount are rejected as presumptively erroneous. This proposed check
will not apply to bulk messages submitted prior to the conclusion of
the Opening Process or when no NBBO is available. The Exchange believes
it is appropriate to have the ability to not apply this check during
the pre-open or opening rotation

so that the check does not impact the determination of the opening
price. The Exchange also believes it is appropriate to not apply this
check when there is no NBBO, as the Exchange believes that is the most
reliable measure against which to compare the price of the bulk message
to determine its reasonability. The proposed change is similar to a
quote price protection mechanism available at other options
exchanges.\41\
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    \40\ See Rule 21.17(b). Orders submitted through bulk ports will
be subject to the current order price protection mechanisms, such as
limit fat finger check in Rule 21.17. The proposed rule change
amends Rule 21.17(a) through (e) (and the introductory language to
that rule) to make clear that the price protections and risk
controls in those paragraphs will not be applicable to bulk
messages.
    \41\ See, e.g., Cboe Options Rule 6.14(a) and (b); Arca Rule
6.37A-O(a)(3).
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    Proposed Rule 21.17(g) states if, pursuant to the Rules, the System
cancels or rejects a bulk message bid (offer) to update a resting bulk
message bid (offer) submitted for the same EFID and bulk port, the
System also cancels the resting bulk message bid (offer). The Exchange
currently offers Users similar functionality for orders, which is
optional.\42\ Pursuant to the proposed rule change, the System will
always apply this protection to bulk messages. The Exchange believes
this will operate as an additional safeguard that causes liquidity
providers to re-evaluate their bids and offers in a series before
attempting to update them again. Additionally, when a User submits a
new bulk message, it is implicitly instructing the Exchange to cancel
any resting bulk message in the same series. Thus, even if the new bulk
message is rejected as a result of this proposed check, the implicit
instruction to cancel the resting bulk message remains valid
nonetheless. The proposed rule change is substantially similar to a
risk control applicable to quotes available at another options
exchange.\43\
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    \42\ See ``cancel on reject'' functionality in technical
specifications available at http://markets.cboe.com/us/options/support/technical/.
    \43\ See, e.g., Cboe Options Rule 6.14(b); Arca Rule 6.37A-
O(a)(3)(C).
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    The proposed rule change also amends Rule 21.1(d), (f), and (g) to
provide that eligible Order Types, Times in Force, and MTP Modifiers,
respectively, are subject to the proposed restrictions in Rule 21.1(l)
with respect to bulk messages submitted through bulk ports. The
proposed rule change also amends Rule 21.1(c), (d), (f), and (g) to
clarify which Orders, Order Types, Times in Force, and MTP Modifiers,
respectively, are available and not available for bulk messages, as
described above, in accordance with proposed Rule 21.1(l)(3)(A).
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.\44\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \45\ 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) \46\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \44\ 15 U.S.C. 78f(b).
    \45\ 15 U.S.C. 78f(b)(5).
    \46\ Id.
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    In particular, the Exchange is promoting transparency by adopting
definitions within Rule 21.1 to describe various ports used to access
the Exchange that are currently described on the Exchange's fee
schedule and in filings previously made by the Exchange.\47\ As noted
above, the rules of EDGX Options and C2 include similar rules. As such,
the proposed rule change would foster cooperation and coordination with
persons engaged in facilitating transactions in securities and would
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
---------------------------------------------------------------------------

    \47\ See supra note 13.
---------------------------------------------------------------------------

    The proposed rule change regarding bulk messages will remove
impediments to and perfect the mechanism of a free and open market
because it provides Users, including Market-Makers and other liquidity
providers, with enhanced functionality to allow them to provide
liquidity to the market and update bids and offers in response to
changed market conditions. While current bulk orders simulate quotes,
Users must submit multiple messages in bulk to update bids and offers
in multiple series. The proposed bulk messages will permit Users to
update multiple bids and offers in a single message, which will permit
them to update bids and offers (for example, in response to changing
market conditions) in a more efficient manner. The proposed ability to
update bids and offers in block quantities is similar to that available
on another options exchange.\48\
---------------------------------------------------------------------------

    \48\ See Cboe Options Rule 1.1(ppp), which provides that
electronic quotes may be updated in block quantities.
---------------------------------------------------------------------------

    With respect to all Users, the proposed bulk messages are
substantially similar to the current bulk orders available through bulk
order ports--Users will be able to submit bulk messages that are Day
and Post Only. However, the proposed rule change will permit them to do
so in a single bulk message rather than in multiple messages. While the
use of the GTD Time-in-Force will not be permitted for bulk messages as
it currently is for bulk orders, Users may achieve the same result as
GTD for their bulk messages by manually cancelling a bulk message at a
specified time during the trading day--the proposed rule change merely
does not provide a means for automatic cancellation of bulk messages at
a specific time during the trading day. Additionally, Users may
continue to apply GTD to orders submitted to the Exchange through bulk
ports and other ports.
    The Exchange believes the proposed rule change will permit
liquidity providers to more efficiently update their resting bids and
offers, which may help them manage their risk exposure when, for
example, updating their bids and offers in response to changing market
conditions. The Exchange believes this will continue to encourage all
Users to provide liquidity on the Exchange and avoid incurring a taker
fee if their intent is to submit bids and offers to add liquidity to
the Book. Additionally, subjecting bulk messages to display-price
sliding and permitting them to be designated as Price Improving may
encourage Users to submit more aggressive bids and offers. As a result,
this may increase liquidity, resulting in more trading opportunities
and tighter spreads, which benefits all investors. The Exchange notes
the proposed rule change provides Users with additional flexibility by
permitting certain MTP Modifiers to be applied to bulk messages to
prevent their orders and bulk messages from trading against each other.
The MTP Modifiers not available for bulk messages will continue to be
available for Users on orders submitted through bulk ports and other
ports. Unlike other options exchanges that limit the use of quoting
functionality to market-makers, the proposed rule change will permit
all Users to submit bulk messages. Additionally, the proposed rule
change to permit Users to continue to submit orders through bulk ports
will

encourage Users that may not have quoting systems to provide liquidity
to the Exchange by submitting single orders through bulk ports. This is
also consistent with current bulk orders, which permits Users to submit
both single and bulk orders through bulk order ports.
    The proposed rule change further removes impediments to and
perfects the mechanism of a free and open market and a national market
system by providing appointed Market-Makers with the ability to submit
Book Only bulk messages, because it will align functionality available
to appointed Market-Makers on the Exchange with the quoting
functionality available to market-makers on other options exchanges,
including Cboe Options, which permit quotes to both add and remove
liquidity.\49\ Market-Makers are critical to providing liquidity and
price discovery on the Exchange, and are subject to various
obligations, as discussed above. The Exchange notes all other Users may
continue to use the Book Only instruction (or other instructions that
permit execution against resting orders on the Book) on orders
submitted through bulk ports and other ports, as they may do today. The
Exchange believes providing Market-Makers with flexibility to use the
Post Only or Book Only instruction with respect to bulk messages will
provide them with additional tools to meet their obligations in a
manner they deem appropriate and is reasonable given the critical role
Market-Makers plan in the options market. The Exchange believes this
may also encourage liquidity providers to register as Market-Makers.
---------------------------------------------------------------------------

    \49\ Other options exchanges only permit market-makers to submit
quotes. See, e.g., Cboe Options Rules 1.1(ppp) and 8.3(c); Arca Rule
6.37A-O(a)(1).
---------------------------------------------------------------------------

    The proposed rule change provides Market-Makers with a combination
of functionality available to market-makers on other exchanges, as some
exchanges permit market-makers to remove liquidity and others only
permit market-makers to post liquidity using quotes.\50\ As a result,
the Exchange believes the proposed rule change will provide Market-
Makers with greater control over their interactions with contra-side
liquidity and would increase opportunities for such interaction. The
Exchange believes this will provide Market-Makers with a greater level
of determinism, in terms of managing their exposure, which may
encourage them to be more aggressive when providing liquidity. The
Exchange believes this may result in more trading opportunities and
tighter spreads, which contributes to price discovery. Ultimately, this
may improve overall market quality and enhance competition on the
Exchange, which benefits all investors.
---------------------------------------------------------------------------

    \50\ See id. and Box Options Exchange, LLC (``BOX'') Rule 8050,
IM-8050-3.
---------------------------------------------------------------------------

    The proposed handling of bulk messages to prevent the display of a
locked or crossed market will perfect the mechanism of a free and open
market and national market system, as it is consistent with the Linkage
Plan and the Exchange's handling of orders with similar instructions.
This proposed handling of bulk messages is also consistent with
handling of quotes on other options exchanges.\51\ The proposed risk
controls and price protection mechanisms that will apply to bulk
messages promote just and equitable principles of trade and will
protect investors by mitigating potential risks associated with Users
submitting bulk messages at clearly unintended prices and trading at
extreme and potentially erroneous prices. Additionally, the proposed
rule change to cancel a User's resting bulk message when the System
rejects a bulk message intended to update that resting bulk message
provides Users with an additional safeguard that causes Users to
reevaluate their bids and offers in the series before attempting to
update them again. Additionally, when a User submits a new bulk
message, it is implicitly instructing the Exchange to cancel any
resting bulk message. Thus, even if the new bulk message is rejected,
the Market-Maker's implicit instruction to cancel the resting bulk
message remains valid nonetheless.
---------------------------------------------------------------------------

    \51\ See Cboe Options Rule 6.14(b) and (c); see also Rule 6.37A-
O(a)(3).
---------------------------------------------------------------------------

    The options markets are quote driven markets and thus dependent on
liquidity providers, which are most commonly registered market-makers
but also other professional traders, for liquidity and price discovery.
The Exchange believes the proposed enhanced functionality, including
the additional flexibility for Market-Makers to manage their risk
exposure and provide additional control over interactions with contra-
side liquidity, for these liquidity providers to more efficiently enter
and update bids and offers. This may encourage the provision of more
aggressive liquidity, which may result in more trading opportunities
and tighter spreads, which contributes to price discovery. This may
improve overall market quality and enhance competition on the Exchange,
which benefits all investors.
    The proposed rule change is generally intended to align system
functionality currently offered by the Exchange with Cboe Options
functionality in order to provide a consistent technology offering for
the Cboe Affiliated Exchanges. A consistent technology offering, in
turn, will simplify the technology implementation, changes, and
maintenance by Users of the Exchange that are also participants on Cboe
Affiliated Exchanges. The proposed rule change would also provide Users
with access to functionality that is generally available on markets
other than the Cboe Affiliated Exchanges, which may result in the
efficient execution of quotes and orders and provide Users with
additional flexibility and increased functionality on the Exchange's
System.
    When Cboe Options migrates to the same technology as that of the
Exchange and other Cboe Affiliated Exchanges, Users of the Exchange and
other Cboe Affiliated Exchanges will have access to similar
functionality on all Cboe Affiliated Exchanges. As such, the proposed
rule change would foster cooperation and coordination with persons
engaged in facilitating transactions in securities and would remove
impediments to and perfect the mechanism of a free and open market and
a national market system.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe 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, as the proposed bulk messages, like the current
bulk orders, are optional for all Users. While only Market-Makers may
submit Book Only bulk messages, the Exchange believes this is
appropriate given the various obligations Market-Makers must satisfy
under the Rules and the unique and critical role Market-Makers play in
the options market, as discussed above. The Exchange believes providing
Market-Makers with flexibility to use the Post Only or Book Only
instruction with respect to bulk messages will provide Market-Makers
with additional tools to meet their obligations in a manner they deem
appropriate. The Exchange believes the proposed functionality for
Market-Makers adds value to market-making on the Exchange and provides
them with greater control over how their quotes interact with contra-
side liquidity both on the Exchange. The Exchange notes all other Users
may continue to use the

Book Only instruction on orders submitted to the Exchange through bulk
ports and other types of ports. The Post Only instruction for bulk
messages will be available to all Users, and is substantially similar
to the bulk orders currently available to all Users. Additionally, all
Users may submit single orders with all Times-in-Force and Order Types
not available for bulk messages through bulk ports, which may encourage
Users that may not have quoting systems to provide liquidity to the
Exchange.
    The proposed price protection mechanisms and risk controls
applicable to bulk messages will apply in the same manner to all bulk
messages submitted by market participants. The Exchange believes this
protection for bulk messages provides liquidity providers with
additional protection from anomalous or erroneous executions.
Generally, once bulk messages are resting on the Book, the System will
handle them no differently than resting orders--this includes how the
System prioritizes orders and quotes when executing them against
incoming orders or quotes. Bulk messages that are available to all
Users will work in the same manner for all Users, and the additional
bulk message functionality available to appointed Market-Makers will
work in the same manner for all such Market-Makers. The Exchange
believes it is reasonable to provide additional functionality to
Market-Makers given their unique and critical role in the options
market and the various obligations that Market-Makers must satisfy.
    The Exchange does not believe the propose rule change will impose
any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act, because it will
provide Market-Makers with bulk message functionality that is similar
to that quoting available to market-makers on other options exchanges.
The Exchange believes the proposed functionality will permit the
Exchange to operate on an even playing field relative to other
exchanges that have similar functionality. As discussed above, the
options markets are quote driven markets and thus dependent on
liquidity providers, which are most commonly registered market-makers
but also other professional traders, for liquidity and price discovery.
The Exchange believes the proposed enhanced functionality, including
the additional flexibility for Market-Makers to manage their risk
exposure and provide additional control over interactions with contra-
side liquidity, for these liquidity providers to more efficiently enter
and update bids and offers. This may encourage the provision of more
aggressive liquidity, which may result in more trading opportunities
and tighter spreads, which contributes to price discovery. This may
improve overall market quality and enhance competition on the Exchange,
which benefits all investors.
    The Exchange reiterates that the proposed rule change is being
proposed in the context of the technology integration of the Cboe
Affiliated Exchanges. Thus, the Exchange believes this proposed rule
change permits fair competition among national securities exchanges. In
addition, the Exchange believes the proposed rule change will benefit
Exchange participants in that it will provide a consistent technology
offering for Users by the Cboe Affiliated Exchanges.

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 after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \52\ and Rule 19b-4(f)(6) \53\
thereunder.
---------------------------------------------------------------------------

    \52\ 15 U.S.C. 78s(b)(3)(A).
    \53\ 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-CboeBZX-2018-092 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeBZX-2018-092.This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeBZX-2018-092 and should be submitted
on or before January 22, 2019.
---------------------------------------------------------------------------

    \54\ 17 CFR 200.30-3(a)(12).

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\54\
Brent J. Fields,
Secretary.
[FR Doc. 2018-28396 Filed 12-28-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: October 5, 2009 (Volume 74, Number 191)]
[Proposed Rules]
[Page 51099]
[DOCID:fr05oc09-11]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 4

[Docket No. FDA-2009-N-0435]

Current Good Manufacturing Practice Requirements for Combination
Products; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule; correction.

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

SUMMARY: The Food and Drug Administration (FDA) is correcting a
proposed rule that appeared in the Federal Register of September 23,
2009 (74 FR 48423). The document proposed to codify the current good
manufacturing practice requirements applicable to combination products.
The document published with an incorrect docket number. This document
corrects that error.

FOR FURTHER INFORMATION CONTACT: Joyce Strong, Office of Policy (HF-
27), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD
20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In FR Doc. E9-22850, appearing on page
48423, in the Federal Register of Wednesday, September 23, 2009, the
following corrections are made:
    1. On page 48423, in the third column, in the Docket No. heading,
``[Docket No. FDA-2008-D-0409]'' is corrected to read ``[Docket No.
FDA-2009-N-0435]''.
    2. On page 48423, in the third column, in the ADDRESSES section,
beginning in the second line, ``[Docket No. FDA-2008-D-0409] (formerly
Docket No. 2004D-0431)'' is corrected to read ``[Docket No. FDA-2009-N-
0435]''.

    Dated: September 28, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-23899 Filed 10-2-09; 8:45 am]

BILLING CODE 4160-01-S


Discussion with Gary Guzy and Nancy Sutley re: ozone

10/13/2010

Location: OMB will call x7404

External attendees are Gary Guzy and Nacy Sutley.