82 FR 53532 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Its Fees for Physical Ports
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 220 (November 16, 2017)
Federal Register Volume 82, Issue 220 (November 16, 2017)
| Page Range | 53532-53534 | |
| FR Document | 2017-24782 |
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)] [Notices] [Pages 53532-53534] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24782] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82050; File No. SR-BatsBZX-2017-75] Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Its Fees for Physical Ports November 9, 2017. 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 November 2, 2017, Cboe BZX Exchange, Inc. (``BZX'' or the ``Exchange'') (formerly known as Bats BZX Exchange, Inc.) filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Exchange has designated the proposed rule change as one establishing or changing a member due, fee, or other charge imposed by the Exchange under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposed rule change effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ 15 U.S.C. 78s(b)(3)(A)(ii). \4\ 17 CFR 240.19b-4(f)(2). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange filed a proposal to amend the fee schedule applicable to Members \5\ and non-Members of the Exchange pursuant to BZX Rules 15.1(a) and (c). --------------------------------------------------------------------------- \5\ The term ``Member'' is defined as ``any registered broker or dealer that has been admitted to membership in the Exchange.'' See Exchange Rule 1.5(n). --------------------------------------------------------------------------- The text of the proposed rule change is available at the Exchange's Web site at www.markets.cboe.com, at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the [[Page 53533]] proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant parts of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose A physical port is utilized by a Member or non-Member to connect to the Exchange at the data centers where the Exchange's servers are located. The Exchange currently maintains a presence in two third-party data centers: (i) The primary data center where the Exchange's business is primarily conducted on a daily basis, and (ii) a secondary data center, which is predominantly maintained for business continuity purposes. The Exchange currently assesses the following physical connectivity fees for Members and non-Members on a monthly basis: $2,000 per physical port that connects to the System \6\ via 1 gigabyte circuit; and $6,000 per physical port that connects to the System via 10 gigabyte circuit. The Exchange proposes to increase the fee per physical port that connects to the System via a 10 gigabyte circuit from $6,000 per month to $7,000 per month in order to cover its increased infrastructure costs associated with establishing physical ports to connect to the Exchange's Systems and enable it to continue to maintain and improve its market technology and services.\7\ The Exchange does not propose to amend the fee for a 1 gigabyte circuit, which will remain $2,000 per month. The Exchange proposes to implement this amendment to its fee schedule on January 2, 2018. --------------------------------------------------------------------------- \6\ The term ``System'' is defined as ``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 Exchange Rule 1.5(aa). \7\ The Exchange also proposes two minor technical amendments to this section of its fee schedule. First is to change the word ``Connection'' to ``Connectivity'' in the section's title. The second is to change references to ``G'' for gigabyte to ``Gb''. --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the objectives of Section 6 of the Act,\8\ in general, and furthers the objectives of Section 6(b)(4),\9\ in particular, as it is designed to provide for the equitable allocation of reasonable dues, fees and other charges among its Members and other persons using its facilities. The Exchange also notes that it operates in a highly- competitive market in which market participants can readily direct order flow to competing venues if they deem fee levels at a particular venue to be excessive. The proposed rule change reflects a competitive pricing structure designed to incent market participants to direct their order flow to the Exchange. --------------------------------------------------------------------------- \8\ 15 U.S.C. 78f. \9\ 15 U.S.C. 78f(b)(4). --------------------------------------------------------------------------- The Exchange believes that the proposed rate is equitable and non- discriminatory in that it applies uniformly to all Members. Members and non-Members will continue to choose whether they want more than one physical port and choose the method of connectivity based on their specific needs. All Members that voluntarily select various service options will be charged the same amount for the same services. As is true of all physical connectivity, all Members and non-Members have the option to select any connectivity option, and there is no differentiation with regard to the fees charged for the service. The Exchange believes that the proposal represents an equitable allocation of reasonable dues, fees, and other charges as its fees for physical connectivity are reasonably constrained by competitive alternatives. If a particular exchange charges excessive fees for connectivity, affected Members and non-Members may opt to terminate their connectivity arrangements with that exchange, and adopt a possible range of alternative strategies, including routing to the applicable exchange through another participant or market center or taking that exchange's data indirectly. Accordingly, if the Exchange charges excessive fees, it would stand to lose not only connectivity revenues but also revenues associated with the execution of orders routed to it, and, to the extent applicable, market data revenues. The Exchange believes that this competitive dynamic imposes powerful restraints on the ability of any exchange to charge unreasonable fees for connectivity. Furthermore, the proposed rule change is also an equitable allocation of reasonable dues, fees, and other charges as the Exchange believes that the increased fees obtained will enable it to cover its increased infrastructure costs associated with establishing physical ports to connect to the Exchange's Systems. The additional revenue from the increased fee will also enable the Exchange to continue to maintain and improve its market technology and services. Lastly, the Exchange believes the fees and credits remain competitive with those charged by other venues and therefore continue to be reasonable and equitably allocated to Members. For instance, the proposed fees for a 10 gigabyte circuit of $7,000 per month is less than analogous fees charged by the Nasdaq Stock Market LLC (``Nasdaq'') and NYSE Arca, Inc. (``Arca''), which range from $10,000-$15,000 per month for 10 gigabyte circuits.\10\ --------------------------------------------------------------------------- \10\ See Nasdaq Rule 7034(b) and the NYSE Arca fee schedule available at https://www.nyse.com/publicdocs/nyse/markets/nyse-arca/NYSE_Arca_Marketplace_Fees.pdf (dated October 11, 2017). --------------------------------------------------------------------------- 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 not necessary or appropriate in furtherance of the purposes of the Act. As discussed above, the Exchange believes that fees for connectivity are constrained by the robust competition for order flow among exchanges and non-exchange markets. The Exchange does not believe that the proposed changes represent a significant departure from previous pricing offered by the Exchange or pricing offered by the Exchange's competitors. Additionally, Members may opt to disfavor the Exchange's pricing if they believe that alternatives offer them better value. Further, excessive fees for connectivity would serve to impair an exchange's ability to compete for order flow rather than burdening competition. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from Members or other interested parties. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act \11\ and paragraph (f) of Rule 19b-4 thereunder.\12\ 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 [[Page 53534]] investors, or otherwise in furtherance of the purposes of the Act. --------------------------------------------------------------------------- \11\ 15 U.S.C. 78s(b)(3)(A). \12\ 17 CFR 240.19b-4(f). --------------------------------------------------------------------------- IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-BatsBZX-2017-75 on the subject line. Paper Comments Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-BatsBZX-2017-75. 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 Web site (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 Web site 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 such 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-BatsBZX-2017-75, and should be submitted on or before December 7, 2017. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\13\ --------------------------------------------------------------------------- \13\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017-24782 Filed 11-15-17; 8:45 am] BILLING CODE 8011-01-P
![53532 Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices
671), as amended by the Antarctic Agreements in the Mail Classification SECURITIES AND EXCHANGE
Science, Tourism and Conservation Act Schedule’s Competitive Products List. COMMISSION
of 1996, has developed regulations for
the establishment of a permit system for DATES: Date of notice required under 39 [Release No. 34–82050; File No. SR–
U.S.C. 3642(d)(1): November 16, 2017. BatsBZX–2017–75]
various activities in Antarctica and
designation of certain animals and FOR FURTHER INFORMATION CONTACT: Self-Regulatory Organizations; Cboe
certain geographic areas a requiring Elizabeth A. Reed, 202–268–3179. BZX Exchange, Inc.; Notice of Filing
special protection. The regulations and Immediate Effectiveness of
establish such a permit system to SUPPLEMENTARY INFORMATION: The
Proposed Rule Change To Modify Its
designate Antarctic Specially Protected United States Postal Service® hereby Fees for Physical Ports
Areas. gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on November 9, November 9, 2017.
Application Details 2017, it filed with the Postal Regulatory Pursuant to Section 19(b)(1) of the
Permit Application: 2018–026 Commission a USPS Request to Add Securities Exchange Act of 1934
Priority Mail Contract 374 to (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
1. Applicant Kasey Stewart, 1241 notice is hereby given that on November
Johnson Ave. #246, San Luis Competitive Product List. Documents
are available at www.prc.gov, Docket 2, 2017, Cboe BZX Exchange, Inc.
Obispo, CA 93401. (‘‘BZX’’ or the ‘‘Exchange’’) (formerly
Nos. MC2018–23, CP2018–45.
Activity for Which Permit Is Requested known as Bats BZX Exchange, Inc.) filed
Elizabeth A. Reed, with the Securities and Exchange
Waste Management. The applicant
Attorney, Corporate and Postal Business Law. Commission (‘‘Commission’’) the
proposes to operate a small, battery-
[FR Doc. 2017–24764 Filed 11–15–17; 8:45 am] proposed rule change as described in
operated remotely piloted aircraft
Items I, II, and III below, which Items
system (RPAS) consisting, in part, of a BILLING CODE 7710–12–P
have been prepared by the Exchange.
quadcopter equipped with a camera to
The Exchange has designated the
collect footage for commercial purposes.
POSTAL SERVICE proposed rule change as one
The quadcopter would not be flown
establishing or changing a member due,
over concentrations of birds or
Product Change—Priority Mail fee, or other charge imposed by the
mammals, or over Antarctic Specially
Negotiated Service Agreement Exchange under Section 19(b)(3)(A)(ii)
Protected Areas or Historic Sites and
of the Act 3 and Rule 19b–4(f)(2)
Monuments. The RPAS would only be
AGENCY: Postal ServiceTM. thereunder,4 which renders the
operated by a pilot with adequate
proposed rule change effective upon
experience. Several measures would be ACTION: Notice. filing with the Commission. The
taken to prevent against loss of the
Commission is publishing this notice to
quadcopter including painting the them SUMMARY: The Postal Service gives solicit comments on the proposed rule
a highly visible color; only flying when notice of filing a request with the Postal change from interested persons.
the wind is calm; flying for only 15 Regulatory Commission to add a
minutes at a time to maintain adequate domestic shipping services contract to I. Self-Regulatory Organization’s
battery charge; having a flotation device the list of Negotiated Service Statement of the Terms of Substance of
for operations over water, and an ‘‘auto the Proposed Rule Change
Agreements in the Mail Classification
go home’’ feature in case of loss of The Exchange filed a proposal to
Schedule’s Competitive Products List.
control link or low battery; having an amend the fee schedule applicable to
observer on the lookout for wildlife, DATES: Date of notice required under 39 Members 5 and non-Members of the
people, and other hazards; and ensuring U.S.C. 3642(d)(1): November 16, 2017. Exchange pursuant to BZX Rules 15.1(a)
that the separation between the operator and (c).
FOR FURTHER INFORMATION CONTACT:
and quadcopter does not exceed a The text of the proposed rule change
maximum distance of 300 meters. Elizabeth A. Reed, 202–268–3179.
is available at the Exchange’s Web site
Location: Antarctic Peninsula region. SUPPLEMENTARY INFORMATION: The at www.markets.cboe.com, at the
Dates: December 15–22, 2017. United States Postal Service® hereby principal office of the Exchange, and at
Nadene G. Kennedy, gives notice that, pursuant to 39 U.S.C. the Commission’s Public Reference
Polar Coordination Specialist, Office of Polar 3642 and 3632(b)(3), on November 9, Room.
Programs. 2017, it filed with the Postal Regulatory II. Self-Regulatory Organization’s
[FR Doc. 2017–24808 Filed 11–15–17; 8:45 am] Commission a USPS Request to Add Statement of the Purpose of, and
BILLING CODE 7555–01–P Priority Mail Contract 373 to Statutory Basis for, the Proposed Rule
Competitive Product List. Documents Change
are available at www.prc.gov, Docket
In its filing with the Commission, the
POSTAL SERVICE Nos. MC2018–22, CP2018–44.
Exchange included statements
Elizabeth A. Reed, concerning the purpose of and basis for
Product Change—Priority Mail
Attorney, Corporate and Postal Business Law. the proposed rule change and discussed
Negotiated Service Agreement
asabaliauskas on DSKBBXCHB2PROD with NOTICES
[FR Doc. 2017–24763 Filed 11–15–17; 8:45 am] any comments it received on the
AGENCY: Postal ServiceTM. BILLING CODE 7710–12–P 1 15 U.S.C. 78s(b)(1).
ACTION: Notice.
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(ii).
SUMMARY: The Postal Service gives
4 17 CFR 240.19b–4(f)(2).
notice of filing a request with the Postal 5 The term ‘‘Member’’ is defined as ‘‘any
Regulatory Commission to add a registered broker or dealer that has been admitted
domestic shipping services contract to to membership in the Exchange.’’ See Exchange
the list of Negotiated Service Rule 1.5(n).
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![53534 Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices
investors, or otherwise in furtherance of For the Commission, by the Division of II. Self-Regulatory Organization’s
the purposes of the Act. Trading and Markets, pursuant to delegated Statement of the Purpose of, and
authority.13 Statutory Basis for, the Proposed Rule
IV. Solicitation of Comments Eduardo A. Aleman, Change
Assistant Secretary.
Interested persons are invited to In its filing with the Commission, the
[FR Doc. 2017–24782 Filed 11–15–17; 8:45 am] Exchange included statements
submit written data, views, and
arguments concerning the foregoing, BILLING CODE 8011–01–P concerning the purpose of and basis for
including whether the proposed rule the proposed rule change and discussed
change is consistent with the Act. any comments it received on the
SECURITIES AND EXCHANGE proposed rule change. The text of these
Comments may be submitted by any of
COMMISSION statements may be examined at the
the following methods:
[Release No. 34–82048; File No. SR– places specified in Item IV below. The
Electronic Comments BatsBYX–2017–29] Exchange has prepared summaries, set
forth in Sections A, B, and C below, of
• Use the Commission’s Internet Self-Regulatory Organizations; Cboe the most significant parts of such
comment form (http://www.sec.gov/ BYX Exchange, Inc.; Notice of Filing statements.
rules/sro.shtml); or and Immediate Effectiveness of a
• Send an email to rule-comments@ Proposed Rule Change Related to Fees (A) Self-Regulatory Organization’s
sec.gov. Please include File Number SR– for Use on Cboe BYX Exchange, Inc. Statement of the Purpose of, and
BatsBZX–2017–75 on the subject line. Statutory Basis for, the Proposed Rule
November 9, 2017. Change
Paper Comments Pursuant to Section 19(b)(1) of the
1. Purpose
Securities Exchange Act of 1934 (the
• Send paper comments in triplicate ‘‘Act’’),1 and Rule 19b–4 thereunder,2 The Exchange proposes to amend its
to Brent J. Fields, Secretary, Securities notice is hereby given that on October fee schedule to amend Tier 7 under
and Exchange Commission, 100 F Street 31, 2017, Cboe BYX Exchange, Inc. (the footnote 1, Add/Remove Volume Tiers.
NE., Washington, DC 20549–1090. ‘‘Exchange’’ or ‘‘BYX’’) (formerly known The Exchange currently offers eight tiers
as Bats BYX Exchange, Inc.) filed with under footnote 1 that offer reduced fees
All submissions should refer to File
the Securities and Exchange for displayed orders that yield fee codes
Number SR–BatsBZX–2017–75. This file
Commission (‘‘Commission’’) the B,6 V 7 and Y,8 and an enhanced rebate
number should be included on the
proposed rule change as described in for orders that remove liquidity yielding
subject line if email is used. To help the fee codes BB,9 N 10 and W.11 The
Commission process and review your Items I, II and III below, which Items
have been prepared by the Exchange. Exchange proposes to amend Tier 7
comments more efficiently, please use under footnote 1, under which a
only one method. The Commission will The Exchange has designated the
proposed rule change as one Member currently receives an enhanced
post all comments on the Commission’s rebate of $0.0015 per share on orders
Internet Web site (http://www.sec.gov/ establishing or changing a member due,
fee, or other charge imposed by the that yield fee codes BB, N or W, where
rules/sro.shtml). Copies of the that Member has an ADV 12 equal to or
submission, all subsequent Exchange under Section 19(b)(3)(A)(ii)
of the Act 3 and Rule 19b–4(f)(2) greater than 0.05%of the TCV.13 The
amendments, all written statements Exchange proposes to increase the tier’s
with respect to the proposed rule thereunder,4 which renders the
proposed rule change effective upon criteria by also requiring that the
change that are filed with the Member have an ADAV 14 equal to or
Commission, and all written filing with the Commission. The
communications relating to the Commission is publishing this notice to 6 Fee code B is appended to displayed orders that
proposed rule change between the solicit comments on the proposed rule add liquidity to BYX (Tape B) and is assessed a fee
Commission and any person, other than change from interested persons. of $0.0018 per share. See the Exchange’s fee
schedule available at http://www.bats.com/us/
those that may be withheld from the I. Self-Regulatory Organization’s equities/membership/fee_schedule/byx/.
public in accordance with the Statement of the Terms of Substance of 7 Fee code V is appended to displayed orders that
provisions of 5 U.S.C. 552, will be the Proposed Rule Change add liquidity to BYX (Tape A) and is assessed a fee
available for Web site viewing and of $0.0018 per share. Id.
The Exchange filed a proposal to 8 Fee code Y is appended to displayed orders that
printing in the Commission’s Public amend the fee schedule applicable to add liquidity to BYX (Tape C) and is assessed a fee
Reference Room, 100 F Street NE., Members 5 and non-Members of the of $0.0018 per share. Id.
Washington, DC 20549 on official Exchange pursuant to BYX Rules 15.1(a)
9 Fee code BB is appended to orders that remove
business days between the hours of and (c).
liquidity from BYX (Tape B) and is assessed a
rebate of $0.0010 [sic] per share. Id.
10:00 a.m. and 3:00 p.m. Copies of such The text of the proposed rule change 10 Fee code N is appended to orders that remove
filing also will be available for is available at the Exchange’s Web site liquidity from BYX (Tape C) and is assessed a
inspection and copying at the principal at www.markets.cboe.com, at the rebate of $0.0010 [sic] per share. Id.
office of the Exchange. All comments principal office of the Exchange, and at
11 Fee code W is appended to orders that remove
received will be posted without change. liquidity from BYX (Tape A) and is assessed a
the Commission’s Public Reference rebate of $0.0010 [sic] per share. See the Exchange’s
Persons submitting comments are Room. fee schedule available at http://www.bats.com/us/
cautioned that we do not redact or edit
asabaliauskas on DSKBBXCHB2PROD with NOTICES
equities/membership/fee_schedule/byx/.
personal identifying information from 13 17 CFR 200.30–3(a)(12).
12 ADV is defined as average daily volume
comment submissions. You should 1 15
calculated as the number of shares added or
U.S.C. 78s(b)(1). removed, combined, per day. Id.
submit only information that you wish 2 17 CFR 240.19b–4.
13 TCV is defined as the total consolidated
to make available publicly. All 3 15 U.S.C. 78s(b)(3)(A)(ii).
volume calculated as the volume reported by all
submissions should refer to File 4 17 CFR 240.19b–4(f)(2).
exchanges and trade reporting facilities to a
Number SR–BatsBZX–2017–75, and 5 The term ‘‘Member’’ is defined as ‘‘any consolidated transaction reporting plan for the
registered broker or dealer that has been admitted month for which the fees apply. Id.
should be submitted on or before to membership in the Exchange.’’ See Exchange 14 ADAV is defined as the average daily volume
December 7, 2017. Rule 1.5(n). calculated as the number of shares added per day.
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Document Created: 2017-11-16 03:52:59
Document Modified: 2017-11-16 03:52:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 82 FR 53532 |
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