82 FR 58996 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Transaction Fees for Exchange's Equity Trading Platform
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 239 (December 14, 2017)
Federal Register Volume 82, Issue 239 (December 14, 2017)
| Page Range | 58996-58998 | |
| FR Document | 2017-26911 |
[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)] [Notices] [Pages 58996-58998] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26911] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82240; File No. SR-CboeEDGX-2017-003] Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Transaction Fees for Exchange's Equity Trading Platform December 8, 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 30, 2017, Cboe EDGX Exchange, Inc. (``EDGX'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I, II and III below, which Items have been prepared by the Exchange. The Exchange has designated the proposed rule change as one establishing or changing a member due, fee, or other charge imposed by the Exchange under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposed rule change effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ 15 U.S.C. 78s(b)(3)(A)(ii). \4\ 17 CFR 240.19b-4(f)(2). --------------------------------------------------------------------------- [[Page 58997]] 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). --------------------------------------------------------------------------- \5\ The term ``Member'' is defined as ``any registered broker or dealer that has been admitted to membership in the Exchange.'' See Exchange Rule 1.5(n). --------------------------------------------------------------------------- The text of the proposed rule change is available at the Exchange's website 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 The Exchange proposes to amend its fee schedule to: (i) Reduce the rebate applicable to fee code ZA; and (ii) provide the enhanced rebate offered by the Investor Depth Tier under footnote 1 of the fee schedule to orders that yield fee code ZA where the Member satisfies the tier's required criteria. Currently, the Exchange determines the liquidity adding rebate that it will provide to Members using the Exchange's fee code and tiered pricing structure. Fee code ZA is appended to Retail Orders \6\ that add liquidity on the Exchange. Retail Orders which yield fee code ZA currently receive a rebate of $0.0034 per share in securities priced at or above $1.00 and a rebate of $0.00003 per share in securities priced below $1.00. The Exchange now proposes to reduce the rebate provided by fee code ZA from $0.0034 per share to $0.0032 per share for securities priced at or above $1.00. The Exchange does not proposes to amend the rebate provided by fee code ZA for securities priced below $1.00. --------------------------------------------------------------------------- \6\ ``Retail Orders'' are defined as ``an agency or riskless principal order that meets the criteria of FINRA Rule 5320.03 that originates from a natural person and is submitted to the Exchange by a Retail Member Organization, provided that no change is made to the terms of the order with respect to price or side of market and the order does not originate from a trading algorithm or any other computerized methodology.'' See Exchange Rule 11.21(a)(2). --------------------------------------------------------------------------- The Exchange offers additional rebates depending on the volume tiers for which such Member qualifies. As is the case with any rebate on the fee schedule, to the extent that a Member qualifies for higher rebates than those provided under a volume tier, the higher rebate shall apply. Footnote 1 offers volume tiered rebates ranging from $0.0025 to $0.0033 per share to orders yielding fee codes B,\7\ V, \8\ Y,\9\ 3 \10\ and 4.\11\ Under footnote 1's Investor Depth Tier, a Member will receive a rebate of $0.0033 per share where they: (i) add an ADV >= 0.12% of the TCV; (ii) have an ``added liquidity'' as a percentage of ``added plus removed liquidity'' >= 85%; and (iii) adds an ADV >= 400,000 shares as non-displayed orders that yield fee code HA,\12\ HI,\13\ and/or MM.\14\ The Exchange now proposes to also provide the rebate offered by the Investor Depth Tier to orders that yield fee code ZA where the Member satisfies the tier's required criteria. As such, Member's Retail Orders that yield fee code ZA would receive an enhanced rebate of $0.0033 per share where that Member satisfies the tier's required criteria. --------------------------------------------------------------------------- \7\ Fee code B is appended to displayed orders that add liquidity in Tape B securities and are provided a rebate of $0.0020 per share. See the Exchange's fee schedule available at http://markets.cboe.com/us/equities/membership/fee_schedule/edgx/. \8\ Fee code V is appended to displayed orders that add liquidity in Tape A securities and are provided a rebate of $0.0020 per share. Id. \9\ Fee code Y is appended to displayed orders that add liquidity in Tape C securities and are provided a rebate of $0.0020 per share. Id. \10\ Fee code 3 is appended to displayed orders that add liquidity in Tape A or C securities during the post-market or pre- market sessions and are provided a rebate of $0.0020 per share. Id. \11\ Fee code 4 is appended to displayed orders that add liquidity in Tape B securities during the post-market or pre-market sessions and are provided a rebate of $0.0020 per share. Id. \12\ Fee code HA is appended to non-displayed orders that add liquidity and are provided a rebate of $0.0015 per share. See the Exchange's fee schedule available at http://markets.cboe.com/us/equities/membership/fee_schedule/edgx/. \13\ Fee code HI is appended to non-displayed orders that add liquidity and receive price improvement and are executed free of charge. Id. \14\ Fee code MM is appended to non-displayed orders that add liquidity using the Mid-Point Peg order type. Id. --------------------------------------------------------------------------- Implementation Date The Exchange proposes to implement these amendments to its fee schedule as of December 1, 2017. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the objectives of Section 6 of the Act,\15\ in general, and furthers the objectives of Section 6(b)(4),\16\ 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. The Exchange believes the rates remain competitive with those charged by other venues and, therefore, reasonable and equitably allocated to Members. The Exchange further believes that the proposed amendments are non-discriminatory because they apply uniformly to all Members. --------------------------------------------------------------------------- \15\ 15 U.S.C. 78f. \16\ 15 U.S.C. 78f(b)(4). --------------------------------------------------------------------------- The Exchange believes it is equitable and reasonable to lower the rebate for Retail Orders that yield fee code ZA from $0.0034 to $0.0032 per share as the level of rebate is either equal to or greater than the rebate offered on another exchange.\17\ The Exchange further believes the proposed fee change is equitable and reasonable because it continues to enable Retail Orders that add liquidity to receive an enhanced rebate by qualifying for the Investor Depth Tier under footnote 1. Doing so should encourage market participants to direct more order flow to the Exchange in attempt to qualify for the Investor Depth tier and receive an enhanced rebate for their Retail Orders. Volume-based rebates and fees such as proposed herein have been widely adopted by equities and options exchanges and are equitable because they are open to all Members on an equal basis and provide additional benefits or discounts that are reasonably related to the value to an exchange's market quality associated with higher levels of market activity, such as higher levels of liquidity provision and/or growth patterns, and introduction of higher volumes of orders [[Page 58998]] into the price and volume discovery processes. --------------------------------------------------------------------------- \17\ NYSE Arca, Inc. (``NYSE Arca'') provides a standard rebate of $0.0030 per share for retail orders that add liquidity. See the NYSE Arca fee schedule available at https://www.nyse.com/publicdocs/nyse/markets/nyse-arca/NYSE_Arca_Marketplace_Fees.pdf. Cboe BZX Exchange, Inc. (``BZX'') provides a rebate of $0.0032 per share to retail orders that add liquidity. See the BZX fee schedule available at http://markets.cboe.com/us/equities/membership/fee_schedule/bzx/. --------------------------------------------------------------------------- (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. Similarly, the Exchange does not believe that the proposed change to the Exchange's tiered pricing structure burdens competition, but instead, enhances competition by modifying pricing incentives to attract order flow and incentivize participants to increase their participation on the Exchange. The Exchange 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 structures to be unreasonable or excessive. The Exchange does not believe the proposed amendments would burden intramarket competition as they would be available to all Members uniformly. (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 \18\ and paragraph (f) of Rule 19b-4 thereunder.\19\ 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. --------------------------------------------------------------------------- \18\ 15 U.S.C. 78s(b)(3)(A). \19\ 17 CFR 240.19b-4(f). --------------------------------------------------------------------------- IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-CboeEDGX-2017-003 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-CboeEDGX-2017-003. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CboeEDGX-2017-003 and should be submitted on or before January 4, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\20\ --------------------------------------------------------------------------- \20\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017-26911 Filed 12-13-17; 8:45 am] BILLING CODE 8011-01-P
![58996 Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Notices
Burden on Competition and Barriers to (a) Whether any of the national filing also will be available for
Entry securities exchanges or FINRA are inspection and copying at the principal
disadvantaged by the fees; and office of the Exchange. All comments
(12) Commenters’ views as to whether (b) If so, whether any such
the allocation of 75% of CAT costs to received will be posted without change.
disadvantages would be of a magnitude Persons submitting comments are
Industry Members (other than Execution that would alter the competitive
Venue ATSs) imposes any burdens on cautioned that we do not redact or edit
landscape. personal identifying information from
competition to Industry Members, (21) Commenters’ views on any
including views on what baseline comment submissions. You should
potential burden imposed by the fees on
competitive landscape the Commission submit only information that you wish
competitive quoting and other liquidity
should consider when analyzing the to make available publicly. All
provision in the market, including,
proposed allocation of CAT costs. specifically: submissions should refer to File
(13) Commenters’ views on the (a) Commenters’ views on the kinds of Number SR–NYSEARCA–2017–52 and
burdens on competition, including the disincentives that discourage liquidity should be submitted on or before
relevant markets and services and the provision and/or disincentives that the January 4, 2018.
impact of such burdens on the baseline Commission should consider in its For the Commission, by the Division of
competitive landscape in those relevant analysis; Trading and Markets, pursuant to delegated
markets and services. (b) Commenters’ views as to whether authority.101
(14) Commenters’ views on any the fees could disincentivize the Robert W. Errett,
potential burdens imposed by the fees provision of liquidity; and
(c) Commenters’ views as to whether Deputy Secretary.
on competition between and among
CAT Reporters, including views on the fees limit any disincentives to [FR Doc. 2017–27024 Filed 12–13–17; 8:45 am]
which baseline markets and services the provide liquidity. BILLING CODE 8011–01–P
fees could have competitive effects on (22) Commenters’ views as to whether
and whether the fees are designed to the amendment adequately responds to
minimize such effects. and/or addresses comments received on SECURITIES AND EXCHANGE
(15) Commenters’ general views on related filings. COMMISSION
the impact of the proposed fees on Electronic Comments
economies of scale and barriers to entry. [Release No. 34–82240; File No. SR–
(16) Commenters’ views on the • Use the Commission’s internet CboeEDGX–2017–003]
baseline economies of scale and barriers comment form (http://www.sec.gov/
to entry for Industry Members and rules/sro.shtml); or Self-Regulatory Organizations; Cboe
• Send an email to rule-comments@ EDGX Exchange, Inc.; Notice of Filing
Execution Venues and the relevant
sec.gov. Please include File Number SR– and Immediate Effectiveness of a
markets and services over which these
NYSEARCA–2017–52 on the subject Proposed Rule Change Related to
economies of scale and barriers to entry
line.
exist. Transaction Fees for Exchange’s
(17) Commenters’ views as to whether Paper Comments Equity Trading Platform
a tiered fee structure necessarily results • Send paper comments in triplicate December 8, 2017.
in less active tiers paying more per unit to Brent J. Fields, Secretary, Securities
than those in more active tiers, thus and Exchange Commission, 100 F Street Pursuant to Section 19(b)(1) of the
creating economies of scale, with NE, Washington, DC 20549–1090. Securities Exchange Act of 1934
supporting information if possible. All submissions should refer to File (‘‘Act’’),1 and Rule 19b–4 thereunder,2
(18) Commenters’ views as to how the Number SR–NYSEARCA–2017–52. This notice is hereby given that on November
level of the fees for the least active tiers file number should be included on the 30, 2017, Cboe EDGX Exchange, Inc.
would or would not affect barriers to subject line if email is used. To help the (‘‘EDGX’’ or ‘‘Exchange’’) filed with the
entry. Commission process and review your Securities and Exchange Commission
(19) Commenters’ views on whether comments more efficiently, please use (‘‘Commission’’) the proposed rule
the difference between the cost per unit only one method. The Commission will change as described in Items I, II and III
(messages or market share) in less active post all comments on the Commission’s below, which Items have been prepared
tiers compared to the cost per unit in internet website (http://www.sec.gov/ by the Exchange. The Exchange has
more active tiers creates regulatory rules/sro.shtml). Copies of the designated the proposed rule change as
economies of scale that favor larger submission, all subsequent one establishing or changing a member
competitors and, if so: amendments, all written statements due, fee, or other charge imposed by the
(a) How those economies of scale with respect to the proposed rule Exchange under Section 19(b)(3)(A)(ii)
compare to operational economies of change that are filed with the of the Act 3 and Rule 19b–4(f)(2)
scale; and Commission, and all written thereunder,4 which renders the
(b) Whether those economies of scale communications relating to the proposed rule change effective upon
reduce or increase the current proposed rule change between the filing with the Commission. The
advantages enjoyed by larger Commission and any person, other than Commission is publishing this notice to
competitors or otherwise alter the those that may be withheld from the
solicit comments on the proposed rule
competitive landscape. public in accordance with the
sradovich on DSK3GMQ082PROD with NOTICES
change from interested persons.
(20) Commenters’ views on whether provisions of 5 U.S.C. 552, will be
the fees could affect competition available for website viewing and
between and among national securities printing in the Commission’s Public 101 17CFR 200.30–3(a)(12).
exchanges and FINRA, in light of the Reference Room, 100 F Street NE, 1 15 U.S.C. 78s(b)(1).
fact that implementation of the fees does Washington, DC 20549 on official 2 17 CFR 240.19b–4.
not require the unanimous consent of all business days between the hours of 3 15 U.S.C. 78s(b)(3)(A)(ii).
such entities, and, specifically: 10:00 a.m. and 3:00 p.m. Copies of the 4 17 CFR 240.19b–4(f)(2).
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![58998 Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Notices
into the price and volume discovery Electronic Comments SECURITIES AND EXCHANGE
processes. COMMISSION
• Use the Commission’s internet
(B) Self-Regulatory Organization’s comment form (http://www.sec.gov/ [Release No. 34–82248; File No. SR–CFE–
Statement on Burden on Competition rules/sro.shtml); or 2017–003]
The Exchange does not believe that • Send an email to rule-comments@ Self-Regulatory Organizations; Cboe
the proposed rule change will impose sec.gov. Please include File Number SR– Futures Exchange, LLC; Notice of
any burden on competition not CboeEDGX–2017–003 on the subject Filing of Proposed Rule Change
necessary or appropriate in furtherance line. Regarding CFE’s New Trading System
of the purposes of the Act. Similarly, the
Paper Comments December 8, 2017.
Exchange does not believe that the
Pursuant to Section 19(b)(7) of the
proposed change to the Exchange’s • Send paper comments in triplicate Securities Exchange Act of 1934
tiered pricing structure burdens to Brent J. Fields, Secretary, Securities (‘‘Act’’),1 notice is hereby given that on
competition, but instead, enhances and Exchange Commission, 100 F Street November 29, 2017 Cboe Futures
competition by modifying pricing NE, Washington, DC 20549–1090. Exchange, LLC (‘‘CFE’’ or ‘‘Exchange’’)
incentives to attract order flow and
All submissions should refer to File filed with the Securities and Exchange
incentivize participants to increase their
Number SR–CboeEDGX–2017–003. This Commission (‘‘Commission’’) the
participation on the Exchange. The
file number should be included on the proposed rule change described in Items
Exchange notes that it operates in a
subject line if email is used. To help the I and II below, which Items have been
highly competitive market in which
prepared by CFE. The Commission is
market participants can readily direct Commission process and review your
publishing this notice to solicit
order flow to competing venues if they comments more efficiently, please use
comments on the proposed rule change
deem fee structures to be unreasonable only one method. The Commission will
from interested persons. CFE also has
or excessive. The Exchange does not post all comments on the Commission’s filed this proposed rule change with the
believe the proposed amendments internet website (http://www.sec.gov/ Commodity Futures Trading
would burden intramarket competition rules/sro.shtml). Copies of the Commission (‘‘CFTC’’). CFE filed a
as they would be available to all submission, all subsequent written certification with the CFTC
Members uniformly. amendments, all written statements under Section 5c(c) of the Commodity
(C) Self-Regulatory Organization’s with respect to the proposed rule Exchange Act (‘‘CEA’’) 2 on November
Statement on Comments on the change that are filed with the 29, 2017.
Proposed Rule Change Received From Commission, and all written
communications relating to the I. Self-Regulatory Organization’s
Members, Participants or Others Description of the Proposed Rule
proposed rule change between the
The Exchange has not solicited, and Commission and any person, other than Change
does not intend to solicit, comments on those that may be withheld from the The Exchange proposes to amend its
this proposed rule change. The public in accordance with the rules in connection with the
Exchange has not received any provisions of 5 U.S.C. 552, will be implementation of a new CFE trading
unsolicited written comments from available for website viewing and system. The scope of this filing is
Members or other interested parties. printing in the Commission’s Public limited solely to the application of the
Reference Room, 100 F Street NE, rule amendments to security futures
III. Date of Effectiveness of the traded on CFE. The only security futures
Proposed Rule Change and Timing for Washington, DC 20549, on official
business days between the hours of that have been offered for trading on
Commission Action CFE were traded under Chapter 16 of
10:00 a.m. and 3:00 p.m. Copies of the
The foregoing rule change has become filing also will be available for CFE’s Rulebook, which is applicable to
effective pursuant to Section 19(b)(3)(A) inspection and copying at the principal Individual Stock Based and Exchange-
of the Act 18 and paragraph (f) of Rule office of the Exchange. All comments Traded Fund Based Volatility Index
19b–4 thereunder.19 At any time within received will be posted without change. security futures. CFE does not currently
60 days of the filing of the proposed rule Persons submitting comments are list any security futures for trading. The
change, the Commission summarily may cautioned that we do not redact or edit text of the proposed rule change is
temporarily suspend such rule change if personal identifying information from attached as Exhibit 4 to the filing but is
it appears to the Commission that such comment submissions. You should not attached to the publication of this
action is necessary or appropriate in the notice.
submit only information that you wish
public interest, for the protection of to make available publicly. All II. Self-Regulatory Organization’s
investors, or otherwise in furtherance of submissions should refer to File Statement of the Purpose of, and
the purposes of the Act. Number SR–CboeEDGX–2017–003 and Statutory Basis for, the Proposed Rule
should be submitted on or before Change
IV. Solicitation of Comments
January 4, 2018. In its filing with the Commission, CFE
Interested persons are invited to For the Commission, by the Division of included statements concerning the
submit written data, views, and Trading and Markets, pursuant to delegated purpose of and basis for the proposed
arguments concerning the foregoing,
sradovich on DSK3GMQ082PROD with NOTICES
authority.20 rule change and discussed any
including whether the proposed rule Eduardo A. Aleman, comments it received on the proposed
change is consistent with the Act. rule change. The text of these statements
Comments may be submitted by any of Assistant Secretary.
may be examined at the places specified
the following methods: [FR Doc. 2017–26911 Filed 12–13–17; 8:45 am]
in Item IV below. CFE has prepared
BILLING CODE 8011–01–P
18 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(7).
19 17 CFR 240.19b–4(f). 20 17 CFR 200.30–3(a)(12). 27 U.S.C. 7a–2(c).
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Document Created: 2018-10-25 10:51:30
Document Modified: 2018-10-25 10:51:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 82 FR 58996 |
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