82_FR_53767 82 FR 53547 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Its Fees for Physical Ports as They Apply to the Exchange's Equity Options Platform

82 FR 53547 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Its Fees for Physical Ports as They Apply to the Exchange's Equity Options Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 220 (November 16, 2017)

Page Range53547-53549
FR Document2017-24777

Federal Register, Volume 82 Issue 220 (Thursday, November 16, 2017)
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Notices]
[Pages 53547-53549]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24777]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82052; File No. SR-BatsBZX-2017-76]


Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Modify 
Its Fees for Physical Ports as They Apply to the Exchange's Equity 
Options Platform

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.
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    \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).
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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) to modify its fees for physical ports as they apply to 
the Exchange's equity options platform (``BZX Options'').
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    \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).
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    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 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;

[[Page 53548]]

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.
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    \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).
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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 
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 Comments

     Use 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-2017-76 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-2017-76. 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/

[[Page 53549]]

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-2017-76, 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\
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    \13\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-24777 Filed 11-15-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices                                                      53547

                                                    that each portfolio on average mails two                of information unless it displays a                    solicit comments on the proposed rule
                                                    statements per year to meet the                         currently valid control number.                        change from interested persons.
                                                    requirements of the rule.4 The staff                      The public may view the background
                                                                                                            documentation for this information                     I. Self-Regulatory Organization’s
                                                    further estimates that the time needed to
                                                                                                            collection at the following Web site,                  Statement of the Terms of Substance of
                                                    make the determinations required by the
                                                                                                            www.reginfo.gov. Comments should be                    the Proposed Rule Change
                                                    rule and to prepare the statement
                                                    required under the rule is                              directed to: (i) Desk Officer for the                     The Exchange filed a proposal to
                                                    approximately 1 hour per statement.                     Securities and Exchange Commission,                    amend the fee schedule applicable to
                                                    The total annual burden for all                         Office of Information and Regulatory                   Members 5 and non-Members of the
                                                    portfolios therefore is estimated to be                 Affairs, Office of Management and                      Exchange pursuant to BZX Rules 15.1(a)
                                                    approximately 23,636 burden hours.5                     Budget, Room 10102, New Executive                      and (c) to modify its fees for physical
                                                       The staff estimates that approximately               Office Building, Washington, DC 20503,                 ports as they apply to the Exchange’s
                                                    one-third of the total annual burden                    or by sending an email to: Shagufta_                   equity options platform (‘‘BZX
                                                    (7,879 hours) would be incurred by a                    Ahmed@omb.eop.gov; and (ii) Pamela                     Options’’).
                                                    paralegal with an average hourly wage                   Dyson, Director/Chief Information                         The text of the proposed rule change
                                                    rate of approximately $205 per hour,6                   Officer, Securities and Exchange                       is available at the Exchange’s Web site
                                                    and approximately two-thirds of the                     Commission, c/o Remi Pavlik-Simon,                     at www.markets.cboe.com, at the
                                                    annual burden (15,757 hours) would be                   100 F Street NE., Washington, DC 20549                 principal office of the Exchange, and at
                                                    incurred by a compliance clerk with an                  or send an email to: PRA_Mailbox@                      the Commission’s Public Reference
                                                    average hourly wage rate of $66 per                     sec.gov. Comments must be submitted to                 Room.
                                                    hour.7 The staff therefore estimates that               OMB within 30 days of this notice.
                                                                                                                                                                   II. Self-Regulatory Organization’s
                                                    the aggregate annual cost of complying                    Dated: November 9, 2017.                             Statement of the Purpose of, and
                                                    with the paperwork requirements of the                  Eduardo A. Aleman,                                     Statutory Basis for, the Proposed Rule
                                                    rule is approximately $2,655,157 ((7,879                Assistant Secretary.                                   Change
                                                    hours × $205 = $1,615,195) + (15,757                    [FR Doc. 2017–24749 Filed 11–15–17; 8:45 am]              In its filing with the Commission, the
                                                    hours × $66 = $1,039,962)).                             BILLING CODE P                                         Exchange included statements
                                                       To comply with state law, many
                                                                                                                                                                   concerning the purpose of and basis for
                                                    investment companies already must
                                                                                                                                                                   the proposed rule change and discussed
                                                    distinguish the different sources from                  SECURITIES AND EXCHANGE                                any comments it received on the
                                                    which a shareholder distribution is paid                COMMISSION                                             proposed rule change. The text of these
                                                    and disclose that information to
                                                                                                            [Release No. 34–82052; File No. SR-                    statements may be examined at the
                                                    shareholders. Thus, many investment
                                                                                                            BatsBZX–2017–76]                                       places specified in Item IV below. The
                                                    companies would be required to
                                                                                                                                                                   Exchange has prepared summaries, set
                                                    distinguish the sources of shareholder                  Self-Regulatory Organizations; Cboe                    forth in Sections A, B, and C below, of
                                                    dividends whether or not the                            BZX Exchange, Inc.; Notice of Filing                   the most significant parts of such
                                                    Commission required them to do so                       and Immediate Effectiveness of                         statements.
                                                    under rule 19a–1.                                       Proposed Rule Change To Modify Its
                                                       The estimate of average burden hours                 Fees for Physical Ports as They Apply                  A. Self-Regulatory Organization’s
                                                    is made solely for the purposes of the                  to the Exchange’s Equity Options                       Statement of the Purpose of, and the
                                                    Paperwork Reduction Act, and is not                     Platform                                               Statutory Basis for, the Proposed Rule
                                                    derived from a comprehensive or even                                                                           Change
                                                    a representative survey or study of the                 November 9, 2017.
                                                                                                               Pursuant to Section 19(b)(1) of the                 1. Purpose
                                                    costs of Commission rules. Compliance
                                                    with the collection of information                      Securities Exchange Act of 1934                           A physical port is utilized by a
                                                    required by rule 19a–1 is mandatory for                 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                Member or non-Member to connect to
                                                    management companies that make                          notice is hereby given that on November                the Exchange at the data centers where
                                                    statements to shareholders pursuant to                  2, 2017, Cboe BZX Exchange, Inc.                       the Exchange’s servers are located. The
                                                    section 19(a) of the Act. An agency may                 (‘‘BZX’’ or the ‘‘Exchange’’) (formerly                Exchange currently maintains a
                                                    not conduct or sponsor, and a person is                 known as Bats BZX Exchange, Inc.) filed                presence in two third-party data centers:
                                                    not required to respond to, a collection                with the Securities and Exchange                       (i) The primary data center where the
                                                                                                            Commission (‘‘Commission’’) the                        Exchange’s business is primarily
                                                       4 A few portfolios make monthly distributions        proposed rule change as described in                   conducted on a daily basis, and (ii) a
                                                    from sources other than net income, so the rule         Items I, II, and III below, which Items                secondary data center, which is
                                                    requires them to send out a statement 12 times a        have been prepared by the Exchange.                    predominantly maintained for business
                                                    year. Other portfolios never make such
                                                    distributions.
                                                                                                            The Exchange has designated the                        continuity purposes. The Exchange
                                                       5 This estimate is based on the following            proposed rule change as one                            currently assesses the following
                                                    calculation: 11,818 management investment               establishing or changing a member due,                 physical connectivity fees for Members
                                                    company portfolios × 2 statements per year × 1 hour     fee, or other charge imposed by the                    and non-Members on a monthly basis:
                                                    per statement = 23,636 burden hours.                    Exchange under Section 19(b)(3)(A)(ii)
                                                       6 Hourly rates are derived from the Securities
                                                                                                                                                                   $2,000 per physical port that connects
                                                                                                            of the Act 3 and Rule 19b–4(f)(2)                      to the System 6 via 1 gigabyte circuit;
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Industry and Financial Markets Association
                                                    (‘‘SIFMA’’), Management and Professional Earnings       thereunder,4 which renders the
                                                    in the Securities Industry 2013, modified to account    proposed rule change effective upon                      5 The term ‘‘Member’’ is defined as ‘‘any

                                                    for an 1800-hour work-year and inflation, and           filing with the Commission. The                        registered broker or dealer that has been admitted
                                                    multiplied by 5.35 to account for bonuses, firm size,   Commission is publishing this notice to                to membership in the Exchange.’’ See Exchange
                                                    employee benefits, and overhead.                                                                               Rule 1.5(n).
                                                       7 Hourly rates are derived from SIFMA’s Office                                                                6 The term ‘‘System’’ is defined as ‘‘the electronic
                                                                                                              1 15 U.S.C. 78s(b)(1).
                                                    Salaries in the Securities Industry 2013, modified                                                             communications and trading facility designated by
                                                                                                              2 17 CFR 240.19b–4.
                                                    to account for an 1800-hour work-year and                                                                      the Board through which securities orders of Users
                                                                                                              3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                    multiplied by 2.93 to account for bonuses, firm size,                                                          are consolidated for ranking, execution and, when
                                                    employee benefits and overhead.                           4 17 CFR 240.19b–4(f)(2).                                                                         Continued




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                                                    53548                       Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices

                                                    and $6,000 per physical port that                          connectivity are reasonably constrained              Additionally, Members may opt to
                                                    connects to the System via 10 gigabyte                     by competitive alternatives. If a                    disfavor the Exchange’s pricing if they
                                                    circuit. The Exchange proposes to                          particular exchange charges excessive                believe that alternatives offer them
                                                    increase the fee per physical port that                    fees for connectivity, affected Members              better value. Further, excessive fees for
                                                    connects to the System via a 10 gigabyte                   and non-Members may opt to terminate                 connectivity would serve to impair an
                                                    circuit from $6,000 per month to $7,000                    their connectivity arrangements with                 exchange’s ability to compete for order
                                                    per month in order to cover its                            that exchange, and adopt a possible                  flow rather than burdening competition.
                                                    increased infrastructure costs associated                  range of alternative strategies, including
                                                    with establishing physical ports to                                                                             C. Self-Regulatory Organization’s
                                                                                                               routing to the applicable exchange
                                                    connect to the Exchange’s Systems and                                                                           Statement on Comments on the
                                                                                                               through another participant or market
                                                    enable it to continue to maintain and                                                                           Proposed Rule Change Received From
                                                                                                               center or taking that exchange’s data
                                                    improve its market technology and                                                                               Members, Participants, or Others
                                                                                                               indirectly. Accordingly, if the Exchange
                                                    services.7 The Exchange does not                           charges excessive fees, it would stand to              The Exchange has not solicited, and
                                                    propose to amend the fee for a 1                           lose not only connectivity revenues but              does not intend to solicit, comments on
                                                    gigabyte circuit, which will remain                        also revenues associated with the                    this proposed rule change. The
                                                    $2,000 per month. The Exchange                             execution of orders routed to it, and, to            Exchange has not received any
                                                    proposes to implement this amendment                       the extent applicable, market data                   unsolicited written comments from
                                                    to its fee schedule on January 2, 2018.                    revenues. The Exchange believes that                 Members or other interested parties.
                                                    2. Statutory Basis                                         this competitive dynamic imposes                     III. Date of Effectiveness of the
                                                                                                               powerful restraints on the ability of any            Proposed Rule Change and Timing for
                                                       The Exchange believes that the                          exchange to charge unreasonable fees
                                                    proposed rule change is consistent with                                                                         Commission Action
                                                                                                               for connectivity.
                                                    the objectives of Section 6 of the Act,8                     Furthermore, the proposed rule                        The foregoing rule change has become
                                                    in general, and furthers the objectives of                 change is also an equitable allocation of            effective pursuant to Section 19(b)(3)(A)
                                                    Section 6(b)(4),9 in particular, as it is                  reasonable dues, fees, and other charges             of the Act 11 and paragraph (f) of Rule
                                                    designed to provide for the equitable                      as the Exchange believes that the                    19b–4 thereunder.12 At any time within
                                                    allocation of reasonable dues, fees and                    increased fees obtained will enable it to            60 days of the filing of the proposed rule
                                                    other charges among its Members and                        cover its increased infrastructure costs             change, the Commission summarily may
                                                    other persons using its facilities. The                    associated with establishing physical                temporarily suspend such rule change if
                                                    Exchange also notes that it operates in                    ports to connect to the Exchange’s                   it appears to the Commission that such
                                                    a highly-competitive market in which                       Systems. The additional revenue from                 action is necessary or appropriate in the
                                                    market participants can readily direct                     the increased fee will also enable the               public interest, for the protection of
                                                    order flow to competing venues if they                     Exchange to continue to maintain and                 investors, or otherwise in furtherance of
                                                    deem fee levels at a particular venue to                   improve its market technology and                    the purposes of the Act.
                                                    be excessive. The proposed rule change                     services.                                            IV. Solicitation of Comments
                                                    reflects a competitive pricing structure                     Lastly, the Exchange believes the fees
                                                    designed to incent market participants                     and credits remain competitive with                    Interested persons are invited to
                                                    to direct their order flow to the                          those charged by other venues and                    submit written data, views, and
                                                    Exchange.                                                  therefore continue to be reasonable and              arguments concerning the foregoing,
                                                       The Exchange believes that the                          equitably allocated to Members. For                  including whether the proposed rule
                                                    proposed rate is equitable and non-                        instance, the proposed fees for a 10                 change is consistent with the Act.
                                                    discriminatory in that it applies                          gigabyte circuit of $7,000 per month is              Comments may be submitted by any of
                                                    uniformly to all Members. Members and                      less than analogous fees charged by the              the following methods:
                                                    non-Members will continue to choose                        Nasdaq Stock Market LLC (‘‘Nasdaq’’)                 Electronic Comments
                                                    whether they want more than one                            and NYSE Arca, Inc. (‘‘Arca’’), which
                                                    physical port and choose the method of                                                                            • Use the Commission’s Internet
                                                                                                               range from $10,000—$15,000 per month                 comment form (http://www.sec.gov/
                                                    connectivity based on their specific                       for 10 gigabyte circuits.10
                                                    needs. All Members that voluntarily                                                                             rules/sro.shtml); or
                                                    select various service options will be                     B. Self-Regulatory Organization’s                      • Send an email to rule-comments@
                                                    charged the same amount for the same                       Statement on Burden on Competition                   sec.gov. Please include File Number SR-
                                                    services. As is true of all physical                                                                            BatsBZX–2017–76 on the subject line.
                                                                                                                 The Exchange does not believe that
                                                    connectivity, all Members and non-                         the proposed rule change will impose                 Paper Comments
                                                    Members have the option to select any                      any burden on competition not
                                                    connectivity option, and there is no                                                                              • Send paper comments in triplicate
                                                                                                               necessary or appropriate in furtherance              to Brent J. Fields, Secretary, Securities
                                                    differentiation with regard to the fees                    of the purposes of the Act. As discussed
                                                    charged for the service.                                                                                        and Exchange Commission, 100 F Street
                                                                                                               above, the Exchange believes that fees               NE., Washington, DC 20549–1090.
                                                       The Exchange believes that the                          for connectivity are constrained by the
                                                    proposal represents an equitable                                                                                All submissions should refer to File
                                                                                                               robust competition for order flow among              Number SR–BatsBZX–2017–76. This file
                                                    allocation of reasonable dues, fees, and                   exchanges and non-exchange markets.
                                                    other charges as its fees for physical                                                                          number should be included on the
                                                                                                               The Exchange does not believe that the
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                    subject line if email is used. To help the
                                                                                                               proposed changes represent a significant             Commission process and review your
                                                    applicable, routing away.’’ See Exchange Rule
                                                    1.5(aa).
                                                                                                               departure from previous pricing offered              comments more efficiently, please use
                                                       7 The Exchange also proposes two minor                  by the Exchange or pricing offered by                only one method. The Commission will
                                                    technical amendments to this section of its fee            the Exchange’s competitors.                          post all comments on the Commission’s
                                                    schedule. First is to change the word ‘‘Connection’’
                                                    to ‘‘Connectivity’’ in the section’s title. The second       10 See Nasdaq Rule 7034(b) and the NYSE Arca
                                                                                                                                                                    Internet Web site (http://www.sec.gov/
                                                    is to change references to ‘‘G’’ for gigabyte to ‘‘Gb’’.   fee schedule available at https://www.nyse.com/
                                                       8 15 U.S.C. 78f.                                                                                               11 15   U.S.C. 78s(b)(3)(A).
                                                                                                               publicdocs/nyse/markets/nyse-arca/NYSE_Arca_
                                                       9 15 U.S.C. 78f(b)(4).                                  Marketplace_Fees.pdf (dated October 11, 2017).         12 17   CFR 240.19b–4(f).



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                                                                                Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices                                                     53549

                                                    rules/sro.shtml). Copies of the                           SECURITIES AND EXCHANGE                                2017,8 May 16, 2017,9 and May 23,
                                                    submission, all subsequent                                COMMISSION                                             2017,10 Bats BYX Exchange, Inc. (‘‘Bats
                                                    amendments, all written statements                                                                               BYX’’) (n/k/a Cboe BYX Exchange,
                                                    with respect to the proposed rule                         [Release No. 34–82049; File Nos. SR–                   Inc.),11 Bats BZX Exchange, Inc. (‘‘Bats
                                                    change that are filed with the                            BatsBYX–2017–11; SR–BatsBZX–2017–38;                   BZX’’) (n/k/a Cboe BZX Exchange,
                                                    Commission, and all written                               SR–BatsEDGA–2017–13; SR–BatsEDGX–                      Inc.),12 Bats EDGA Exchange, Inc. (‘‘Bats
                                                    communications relating to the                            2017–22; SR–BOX–2017–16; SR–BX–2017–                   EDGA’’) (n/k/a Cboe EDGA Exchange,
                                                    proposed rule change between the                          023; SR–C2–2017–017; SR–CBOE–2017–                     Inc.),13 Bats EDGX Exchange, Inc. (‘‘Bats
                                                    Commission and any person, other than                     040; SR–CHX–2017–08; SR–FINRA–2017–                    EDGX’’) (n/k/a Cboe EDGX Exchange,
                                                    those that may be withheld from the                       011; SR–GEMX–2017–17; SR–IEX–2017–16;                  Inc.),14 BOX Options Exchange LLC
                                                                                                              SR–ISE–2017–45; SR–MIAX–2017–18; SR–
                                                    public in accordance with the                                                                                    (‘‘BOX’’), C2 Options Exchange,
                                                                                                              MRX–2017–04; SR–NASDAQ–2017–046;
                                                    provisions of 5 U.S.C. 552, will be                       SR–NYSE–2017–22; SR–NYSEArca–2017–                     Incorporated (‘‘C2’’) (n/k/a Cboe C2
                                                    available for Web site viewing and                        52; SR–NYSEMKT–2017–26; SR–PEARL–                      Options Exchange, Inc.),15 Chicago
                                                    printing in the Commission’s Public                       2017–20; SR–PHLX–2017–37]                              Board Options Exchange, Incorporated
                                                    Reference Room, 100 F Street NE.,                                                                                (‘‘CBOE’’) (n/k/a Cboe Exchange, Inc.),16
                                                    Washington, DC 20549 on official                          Self-Regulatory Organizations; Bats                    Chicago Stock Exchange, Inc. (‘‘CHX’’),
                                                    business days between the hours of                        BYX Exchange, Inc.; Bats BZX                           Financial Industry Regulatory
                                                    10:00 a.m. and 3:00 p.m. Copies of such                   Exchange, Inc.; Bats EDGA Exchange,                    Authority, Inc. (‘‘FINRA’’), Investors
                                                    filing also will be available for                         Inc.; Bats EDGX Exchange, Inc.; BOX                    Exchange LLC (‘‘IEX’’), Nasdaq ISE, LLC
                                                    inspection and copying at the principal                   Options Exchange LLC; C2 Options                       (‘‘ISE’’), Miami International Securities
                                                    office of the Exchange. All comments                      Exchange, Incorporated; Chicago                        Exchange, LLC (‘‘MIAX’’), MIAX
                                                    received will be posted without change.                   Board Options Exchange,                                PEARL, LLC (‘‘PEARL’’), Nasdaq BX,
                                                    Persons submitting comments are                           Incorporated; Chicago Stock                            Inc. (‘‘BX’’), Nasdaq GEMX, LLC
                                                    cautioned that we do not redact or edit                   Exchange, Inc.; Financial Industry                     (‘‘GEMX’’), Nasdaq MRX, LLC (‘‘MRX’’),
                                                    personal identifying information from                     Regulatory Authority, Inc.; Investors                  Nasdaq PHLX LLC (‘‘Phlx’’), The
                                                                                                              Exchange LLC; Miami International                      Nasdaq Stock Market LLC (‘‘Nasdaq’’),
                                                    comment submissions. You should
                                                                                                              Securities Exchange, LLC; MIAX
                                                    submit only information that you wish                                                                            New York Stock Exchange LLC
                                                                                                              PEARL LLC; Nasdaq BX, Inc.; Nasdaq
                                                    to make available publicly. All                                                                                  (‘‘NYSE’’), NYSE Arca, Inc. (‘‘NYSE
                                                                                                              GEMX, LLC; Nasdaq ISE, LLC; Nasdaq
                                                    submissions should refer to File                          MRX, LLC; Nasdaq PHLX LLC; The                         Arca’’) and NYSE MKT LLC (‘‘NYSE
                                                    Number SR–BatsBZX–2017–76, and                            Nasdaq Stock Market LLC; New York
                                                    should be submitted on or before                          Stock Exchange LLC; NYSE Arca, Inc.
                                                                                                                                                                        8 BOX Options Exchange LLC originally filed its

                                                    December 7, 2017.                                                                                                proposed rule change on May 11, 2017 under File
                                                                                                              and NYSE MKT LLC; Notice of                            No. SR–BOX–2017–15, and subsequently withdrew
                                                      For the Commission, by the Division of                  Designation of Longer Period for                       that filing and filed a proposed rule change on May
                                                    Trading and Markets, pursuant to delegated                Commission Action on Proceedings To                    15, 2017.
                                                                                                                                                                        9 Bats BYX Exchange, Inc., C2 Options Exchange,
                                                    authority.13                                              Determine Whether To Approve or
                                                                                                              Disapprove Proposed Rule Changes                       Incorporated and Chicago Board Options Exchange,
                                                    Eduardo A. Aleman,                                                                                               Incorporated filed their proposed rule changes on
                                                    Assistant Secretary.                                      To Establish Fees for Industry                         May 16, 2017. Bats EDGA Exchange, Inc. originally
                                                                                                              Members To Fund the Consolidated                       filed its proposed rule change on May 5, 2017 under
                                                    [FR Doc. 2017–24777 Filed 11–15–17; 8:45 am]
                                                                                                              Audit Trail                                            File No. SR–BatsEDGA–2017–11, and subsequently
                                                    BILLING CODE 8011–01–P                                                                                           withdrew that filing on May 11, 2017 and filed a
                                                                                                                                                                     proposed rule change on May 16, 2017.
                                                                                                              November 9, 2017.                                         10 Bats BZX Exchange, Inc. filed its proposed rule

                                                                                                                                                                     changes on May 23, 2017. Bats EDGX Exchange,
                                                                                                                 On May 1, 2017,1 May 2, 2017,2 May                  Inc. originally filed its proposed rule change on
                                                                                                              3, 2017,3 May 8, 2017,4 May 9, 2017,5                  May 5, 2017 under File No. SR–BatsEDGX–2017–
                                                                                                              May 10, 2017,6 May 12, 2017,7 May 15,                  20, and subsequently withdrew that filing on May
                                                                                                                                                                     10, 2017 and filed a proposed rule change on May
                                                                                                                 1 Miami International Securities Exchange, LLC      23, 2017.
                                                                                                                                                                        11 See Securities Exchange Act Release No. 81952
                                                                                                              and MIAX PEARL LLC filed their proposed rule
                                                                                                              changes on May 1, 2017.                                (October 26, 2017), 82 FR 50725 (November 1,
                                                                                                                 2 The Nasdaq Stock Market LLC and Nasdaq BX,        2017). The name change was not yet effective when
                                                                                                              Inc. filed their proposed rule changes on May 2,       Bats BYX filed SR–BatsBYX–2017–11.
                                                                                                                                                                        12 See Securities Exchange Act Release No. 81962
                                                                                                              2017.
                                                                                                                 3 Chicago Stock Exchange, Inc. filed its proposed   (October 26, 2017), 82 FR 50711 (November 1,
                                                                                                              rule change on May 3, 2017.                            2017). The name change was not yet effective when
                                                                                                                 4 Financial Industry Regulatory Authority, Inc.     Bats BZX filed SR–BatsBZX–2017–38.
                                                                                                                                                                        13 See Securities Exchange Act Release No. 81957
                                                                                                              filed its proposed rule change on May 8, 2017.
                                                                                                                 5 Investors Exchange LLC originally filed its       (October 26, 2017), 82 FR 50716 (November 1,
                                                                                                              proposed rule change on May 3, 2017 under File         2017). The name change was not yet effective when
                                                                                                              No. SR–IEX–2017–13, and subsequently withdrew          Bats EDGA filed SR–BatsEDGA–2017–13.
                                                                                                                                                                        14 See Securities Exchange Act Release No. 81963
                                                                                                              that filing and filed a proposed rule change on May
                                                                                                              9, 2017.                                               (October 26, 2017), 82 FR 50697 (November 1,
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                 6 The New York Stock Exchange LLC, NYSE Arca,       2017). The name change was not yet effective when
                                                                                                              Inc. and NYSE MKT LLC filed their proposed rule        Bats EDGX filed SR–BatsEDGX–2017–22.
                                                                                                                                                                        15 See Securities Exchange Act Release No. 81979
                                                                                                              changes on May 10, 2017.
                                                                                                                 7 Nasdaq GEMX LLC, Nasdaq ISE, LLC, Nasdaq          (October 30, 2017), 82 FR 51317 (November 3,
                                                                                                              MRX, LLC and Nasdaq PHLX LLC originally filed          2017). The name change was not yet effective when
                                                                                                              their proposed rule changes on May 3, 2017 under       C2 filed SR–C2–2017–017.
                                                                                                              File Nos. SR–GEMX–2017–11, SR–ISE–2017–40,                16 See Securities Exchange Act Release No. 81981

                                                                                                              SR–MRX–2017–03, and SR–PHLX–2017–35, and               (October 30, 2017), 82 FR 51309 (November 3,
                                                                                                              subsequently withdrew those filings and filed          2017). The name change was not yet effective when
                                                      13 17   CFR 200.30–3(a)(12).                            proposed rule changes on May 12, 2017.                 CBOE filed SR–CBOE–2017–040.



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Document Created: 2017-11-16 03:53:27
Document Modified: 2017-11-16 03:53:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 53547 

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