82_FR_54663 82 FR 54442 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Modify Its Fees for Physical Ports as They Relate to the Exchange's Equity Options Platform

82 FR 54442 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Modify Its Fees for Physical Ports as They Relate to the Exchange's Equity Options Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 221 (November 17, 2017)

Page Range54442-54443
FR Document2017-24936

Federal Register, Volume 82 Issue 221 (Friday, November 17, 2017)
[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Notices]
[Pages 54442-54443]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24936]



[[Page 54442]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82064; File No. SR-BatsEDGX-2017-46]


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

November 13, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on November 2, 2017, Cboe EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') (formerly known as Bats EDGX 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 EDGX Rules 
15.1(a) and (c) to modify its fees for physical ports as they apply to 
the Exchange's equity options platform (``EDGX Options'').
---------------------------------------------------------------------------

    \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 
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(cc).
    \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

[[Page 54443]]

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 
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 No. SR-BatsEDGX-2017-46 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 No. SR-BatsEDGX-2017-46. 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 will also 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 No. SR-BatsEDGX-2017-46 and should be 
submitted on or before December 8, 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. 2017-24936 Filed 11-16-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                54442                       Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices

                                                SECURITIES AND EXCHANGE                                 II. Self-Regulatory Organization’s                         2. Statutory Basis
                                                COMMISSION                                              Statement of the Purpose of, and                              The Exchange believes that the
                                                                                                        Statutory Basis for, the Proposed Rule                     proposed rule change is consistent with
                                                [Release No. 34–82064; File No. SR–                     Change                                                     the objectives of Section 6 of the Act,8
                                                BatsEDGX–2017–46]                                         In its filing with the Commission, the                   in general, and furthers the objectives of
                                                                                                        Exchange included statements                               Section 6(b)(4),9 in particular, as it is
                                                Self-Regulatory Organizations; Cboe                     concerning the purpose of and basis for                    designed to provide for the equitable
                                                EDGX Exchange, Inc.; Notice of Filing                   the proposed rule change and discussed                     allocation of reasonable dues, fees and
                                                and Immediate Effectiveness of a                        any comments it received on the                            other charges among its Members and
                                                Proposed Rule Change To Modify Its                      proposed rule change. The text of these                    other persons using its facilities. The
                                                Fees for Physical Ports as They Relate                  statements may be examined at the                          Exchange also notes that it operates in
                                                to the Exchange’s Equity Options                        places specified in Item IV below. The                     a highly-competitive market in which
                                                Platform                                                Exchange has prepared summaries, set                       market participants can readily direct
                                                                                                        forth in Sections A, B, and C below, of                    order flow to competing venues if they
                                                November 13, 2017.                                      the most significant parts of such                         deem fee levels at a particular venue to
                                                   Pursuant to Section 19(b)(1) of the                  statements.                                                be excessive. The proposed rule change
                                                Securities Exchange Act of 1934 (the                                                                               reflects a competitive pricing structure
                                                                                                        (A) Self-Regulatory Organization’s                         designed to incent market participants
                                                ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  Statement of the Purpose of, and
                                                notice is hereby given that on November                                                                            to direct their order flow to the
                                                                                                        Statutory Basis for, the Proposed Rule                     Exchange.
                                                2, 2017, Cboe EDGX Exchange, Inc. (the                  Change
                                                ‘‘Exchange’’ or ‘‘EDGX’’) (formerly                                                                                   The Exchange believes that the
                                                known as Bats EDGX Exchange, Inc.)                      1. Purpose                                                 proposed rate is equitable and non-
                                                                                                                                                                   discriminatory in that it applies
                                                filed with the Securities and Exchange                     A physical port is utilized by a                        uniformly to all Members. Members and
                                                Commission (‘‘Commission’’) the                         Member or non-Member to connect to                         non-Members will continue to choose
                                                proposed rule change as described in                    the Exchange at the data centers where                     whether they want more than one
                                                Items I, II and III below, which Items                  the Exchange’s servers are located. The                    physical port and choose the method of
                                                have been prepared by the Exchange.                     Exchange currently maintains a                             connectivity based on their specific
                                                The Exchange has designated the                         presence in two third-party data centers:                  needs. All Members that voluntarily
                                                proposed rule change as one                             (i) The primary data center where the                      select various service options will be
                                                establishing or changing a member due,                  Exchange’s business is primarily                           charged the same amount for the same
                                                fee, or other charge imposed by the                     conducted on a daily basis, and (ii) a                     services. As is true of all physical
                                                Exchange under Section 19(b)(3)(A)(ii)                  secondary data center, which is                            connectivity, all Members and non-
                                                of the Act 3 and Rule 19b–4(f)(2)                       predominantly maintained for business                      Members have the option to select any
                                                thereunder,4 which renders the                          continuity purposes. The Exchange                          connectivity option, and there is no
                                                proposed rule change effective upon                     currently assesses the following                           differentiation with regard to the fees
                                                filing with the Commission. The                         physical connectivity fees for Members                     charged for the service.
                                                Commission is publishing this notice to                 and non-Members on a monthly basis:                           The Exchange believes that the
                                                                                                        $2,000 per physical port that connects                     proposal represents an equitable
                                                solicit comments on the proposed rule
                                                                                                        to the System 6 via 1 gigabyte circuit;                    allocation of reasonable dues, fees, and
                                                change from interested persons.
                                                                                                        and $6,000 per physical port that                          other charges as its fees for physical
                                                I. Self-Regulatory Organization’s                       connects to the System via 10 gigabyte                     connectivity are reasonably constrained
                                                Statement of the Terms of Substance of                  circuit. The Exchange proposes to                          by competitive alternatives. If a
                                                the Proposed Rule Change                                increase the fee per physical port that                    particular exchange charges excessive
                                                                                                        connects to the System via a 10 gigabyte                   fees for connectivity, affected Members
                                                   The Exchange filed a proposal to                     circuit from $6,000 per month to $7,000                    and non-Members may opt to terminate
                                                amend the fee schedule applicable to                    per month in order to cover its                            their connectivity arrangements with
                                                Members 5 and non-Members of the                        increased infrastructure costs associated                  that exchange, and adopt a possible
                                                Exchange pursuant to EDGX Rules                         with establishing physical ports to                        range of alternative strategies, including
                                                15.1(a) and (c) to modify its fees for                  connect to the Exchange’s Systems and                      routing to the applicable exchange
                                                physical ports as they apply to the                     enable it to continue to maintain and                      through another participant or market
                                                Exchange’s equity options platform                      improve its market technology and                          center or taking that exchange’s data
                                                (‘‘EDGX Options’’).                                     services.7 The Exchange does not                           indirectly. Accordingly, if the Exchange
                                                                                                        propose to amend the fee for a 1                           charges excessive fees, it would stand to
                                                   The text of the proposed rule change
                                                                                                        gigabyte circuit, which will remain                        lose not only connectivity revenues but
                                                is available at the Exchange’s Web site
                                                                                                        $2,000 per month. The Exchange                             also revenues associated with the
                                                at www.markets.cboe.com, at the                         proposes to implement this amendment
                                                principal office of the Exchange, and at                                                                           execution of orders routed to it, and, to
                                                                                                        to its fee schedule on January 2, 2018.                    the extent applicable, market data
                                                the Commission’s Public Reference
                                                Room.                                                                                                              revenues. The Exchange believes that
                                                                                                           6 The term ‘‘System’’ is defined as ‘‘the electronic
                                                                                                                                                                   this competitive dynamic imposes
                                                                                                        communications and trading facility designated by
sradovich on DSK3GMQ082PROD with NOTICES




                                                  1 15 U.S.C. 78s(b)(1).                                the Board through which securities orders of Users         powerful restraints on the ability of any
                                                  2 17 CFR 240.19b–4.                                   are consolidated for ranking, execution and, when          exchange to charge unreasonable fees
                                                  3 15 U.S.C. 78s(b)(3)(A)(ii).                         applicable, routing away.’’ See Exchange Rule              for connectivity.
                                                                                                        1.5(cc).                                                      Furthermore, the proposed rule
                                                  4 17 CFR 240.19b–4(f)(2).
                                                                                                           7 The Exchange also proposes two minor
                                                  5 The term ‘‘Member’’ is defined as ‘‘any
                                                                                                        technical amendments to this section of its fee
                                                                                                                                                                   change is also an equitable allocation of
                                                registered broker or dealer that has been admitted      schedule. First is to change the word ‘‘Connection’’
                                                to membership in the Exchange.’’ See Exchange                                                                       8 15   U.S.C. 78f.
                                                                                                        to ‘‘Connectivity’’ in the section’s title. The second
                                                Rule 1.5(n).                                            is to change references to ‘‘G’’ for gigabyte to ‘‘Gb’’.    9 15   U.S.C. 78f(b)(4).



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                                                                            Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices                                                    54443

                                                reasonable dues, fees, and other charges                of the Act 11 and paragraph (f) of Rule                   personal identifying information from
                                                as the Exchange believes that the                       19b–4 thereunder.12 At any time within                    comment submissions. You should
                                                increased fees obtained will enable it to               60 days of the filing of the proposed rule                submit only information that you wish
                                                cover its increased infrastructure costs                change, the Commission summarily may                      to make available publicly. All
                                                associated with establishing physical                   temporarily suspend such rule change if                   submissions should refer to File No.
                                                ports to connect to the Exchange’s                      it appears to the Commission that such                    SR–BatsEDGX–2017–46 and should be
                                                Systems. The additional revenue from                    action is necessary or appropriate in the                 submitted on or before December 8,
                                                the increased fee will also enable the                  public interest, for the protection of                    2017.
                                                Exchange to continue to maintain and                    investors, or otherwise in furtherance of                   For the Commission, by the Division of
                                                improve its market technology and                       the purposes of the Act.                                  Trading and Markets, pursuant to delegated
                                                services.                                               IV. Solicitation of Comments                              authority.13
                                                  Lastly, the Exchange believes the fees                                                                          Eduardo A. Aleman,
                                                and credits remain competitive with                       Interested persons are invited to
                                                                                                                                                                  Assistant Secretary.
                                                those charged by other venues and                       submit written data, views and
                                                                                                        arguments concerning the foregoing,                       [FR Doc. 2017–24936 Filed 11–16–17; 8:45 am]
                                                therefore continue to be reasonable and
                                                equitably allocated to Members. For                     including whether the proposed rule                       BILLING CODE 8011–01–P

                                                instance, the proposed fees for a 10                    change is consistent with the Act.
                                                gigabyte circuit of $7,000 per month is                 Comments may be submitted by any of
                                                                                                        the following methods:                                    SECURITIES AND EXCHANGE
                                                less than analogous fees charged by the                                                                           COMMISSION
                                                Nasdaq Stock Market LLC (‘‘Nasdaq’’)                    Electronic Comments
                                                and NYSE Arca, Inc. (‘‘Arca’’), which
                                                                                                          • Use the Commission’s Internet                         [Release No. 34–82057; File No. SR–
                                                range from $10,000–$15,000 per month                                                                              BatsEDGX–2017–48]
                                                                                                        comment form (http://www.sec.gov/
                                                for 10 gigabyte circuits.10
                                                                                                        rules/sro.shtml); or                                      Self-Regulatory Organizations; Cboe
                                                (B) Self-Regulatory Organization’s                        • Send an email to rule-comments@
                                                                                                                                                                  EDGX Exchange, Inc.; Notice of Filing
                                                Statement on Burden on Competition                      sec.gov. Please include File No. SR–
                                                                                                                                                                  and Immediate Effectiveness of a
                                                                                                        BatsEDGX–2017–46 on the subject line.
                                                   The Exchange does not believe that                                                                             Proposed Rule Change To Adopt Fees
                                                the proposed rule change will impose                    Paper Comments                                            for Its Recently Adopted Functionality
                                                any burden on competition not                              • Send paper comments in triplicate                    for the Handling of Complex Orders on
                                                necessary or appropriate in furtherance                 to Secretary, Securities and Exchange                     Its Equity Options Platform
                                                of the purposes of the Act. As discussed                Commission, 100 F Street NE.,                             November 13, 2017.
                                                above, the Exchange believes that fees                  Washington, DC 20549–1090.
                                                for connectivity are constrained by the                                                                              Pursuant to Section 19(b)(1) of the
                                                                                                        All submissions should refer to File No.                  Securities Exchange Act of 1934 (the
                                                robust competition for order flow among                 SR–BatsEDGX–2017–46. This file
                                                exchanges and non-exchange markets.                                                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                        number should be included on the                          notice is hereby given that on October
                                                The Exchange does not believe that the                  subject line if email is used. To help the
                                                proposed changes represent a significant                                                                          31, 2017, Cboe EDGX Exchange, Inc.
                                                                                                        Commission process and review your                        (formerly known as Bats EDGX
                                                departure from previous pricing offered                 comments more efficiently, please use
                                                by the Exchange or pricing offered by                                                                             Exchange, Inc.) (‘‘EDGX’’ or the
                                                                                                        only one method. The Commission will                      ‘‘Exchange’’) filed with the Securities
                                                the Exchange’s competitors.                             post all comments on the Commission’s
                                                Additionally, Members may opt to                                                                                  and Exchange Commission
                                                                                                        Internet Web site (http://www.sec.gov/                    (‘‘Commission’’) the proposed rule
                                                disfavor the Exchange’s pricing if they                 rules/sro.shtml). Copies of the
                                                believe that alternatives offer them                                                                              change as described in Items I, II, and
                                                                                                        submission, all subsequent                                III below, which Items have been
                                                better value. Further, excessive fees for               amendments, all written statements
                                                connectivity would serve to impair an                                                                             prepared by the Exchange. The
                                                                                                        with respect to the proposed rule                         Exchange has designated the proposed
                                                exchange’s ability to compete for order                 change that are filed with the
                                                flow rather than burdening competition.                                                                           rule change as one establishing or
                                                                                                        Commission, and all written                               changing a member due, fee, or other
                                                (C) Self-Regulatory Organization’s                      communications relating to the                            charge imposed by the Exchange under
                                                Statement on Comments on the                            proposed rule change between the                          Section 19(b)(3)(A)(ii) of the Act 3 and
                                                Proposed Rule Change Received From                      Commission and any person, other than                     Rule 19b–4(f)(2) thereunder,4 which
                                                Members, Participants or Others                         those that may be withheld from the                       renders the proposed rule change
                                                                                                        public in accordance with the                             effective upon filing with the
                                                  The Exchange has not solicited, and
                                                                                                        provisions of 5 U.S.C. 552, will be                       Commission. The Commission is
                                                does not intend to solicit, comments on
                                                                                                        available for Web site viewing and                        publishing this notice to solicit
                                                this proposed rule change. The
                                                                                                        printing in the Commission’s Public                       comments on the proposed rule change
                                                Exchange has not received any
                                                                                                        Reference Room, 100 F Street NE.,                         from interested persons.
                                                unsolicited written comments from
                                                                                                        Washington, DC 20549, on official
                                                Members or other interested parties.                                                                              I. Self-Regulatory Organization’s
                                                                                                        business days between the hours of
                                                III. Date of Effectiveness of the                       10:00 a.m. and 3:00 p.m. Copies of such                   Statement of the Terms of Substance of
                                                Proposed Rule Change and Timing for                     filing will also be available for                         the Proposed Rule Change
sradovich on DSK3GMQ082PROD with NOTICES




                                                Commission Action                                       inspection and copying at the principal                     The Exchange filed a proposal to
                                                   The foregoing rule change has become                 office of the Exchange. All comments                      amend the fee schedule applicable to
                                                effective pursuant to Section 19(b)(3)(A)               received will be posted without change.
                                                                                                        Persons submitting comments are                             13 17 CFR 200.30–3(a)(12).
                                                  10 SeeNasdaq Rule 7034(b) and the NYSE Arca
                                                                                                        cautioned that we do not redact or edit                     1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                    2 17 CFR 240.19b–4.
                                                fee schedule available at https://www.nyse.com/
                                                                                                          11 15   U.S.C. 78s(b)(3)(A).                              3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                publicdocs/nyse/markets/nyse-arca/NYSE_Arca_
                                                Marketplace_Fees.pdf (dated October 11, 2017).            12 17   CFR 240.19b–4(f).                                 4 17 CFR 240.19b–4(f)(2).




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Document Created: 2017-11-17 05:14:56
Document Modified: 2017-11-17 05:14:56
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 54442 

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