83_FR_16480 83 FR 16407 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on the Exchange's Equity Options Platform

83 FR 16407 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on the Exchange's Equity Options Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 73 (April 16, 2018)

Page Range16407-16409
FR Document2018-07808

Federal Register, Volume 83 Issue 73 (Monday, April 16, 2018)
[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Notices]
[Pages 16407-16409]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07808]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83026; File No. SR-CboeEDGX-2018-013]


Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change Related 
to Fees for Use on the Exchange's Equity Options Platform

April 10, 2018.
    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 April 2, 2018, Cboe EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') 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 modify its fee schedule with 
respect to Market Maker Fees on its equity options platform.
    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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its fee schedule for its equity 
options platform (``EDGX Options'') to (i) increase the standard rate 
for Market-Maker orders in Penny-Pilot and Non-Penny Pilot Securities 
that add liquidity, (ii) modify criteria necessary to achieve Market 
Maker Volume Tiers (``Volume Tiers'') 1, 4, 7 and 8, (iii) increase 
rates for Volume Tiers 1, 3, 5, 6, 7, 8 and (iv) eliminate Volume Tier 
2.
    By way of background, fee codes PM and NM are currently appended to 
all Market Maker orders in Penny Pilot Securities and Non-Penny Pilot 
Securities that add liquidity, and result in a standard fee of $0.19 
per contract. The Exchange determines reduced fees or enhanced rebates 
using a tiered pricing structure under the Volume Tiers. Specifically, 
the Volume Tiers in footnote 2 of the Fee Schedule consist of eight 
separate tiers, each providing a reduced fee or rebate to a Member's 
Market Maker order that yields fee codes PM or NM upon satisfying the 
monthly volume criteria required by the respective tier.
Market Maker Standard Fee Increase
    The Exchange first proposes to increase the standard fee of $0.19 
per contract for Market Maker orders in Penny Pilot and Non-Penny Pilot 
Securities that add liquidity to $0.20 per contract. The Exchange notes 
that this increase is in line with the amounts assessed by other 
exchanges for similar transactions.\5\
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    \5\ See e.g., Nasdaq PHLX LLC Pricing Schedule, Section II, 
Multiply Listed Options Fees.
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Market Maker Volume Tier Criteria Modifications
    Pursuant to Volume Tier 1, the lowest volume tier, a Member will 
pay a reduced fee (currently $0.16 per contract) if the Member has an 
ADV \6\ in Market Maker orders equal to or greater than 0.05% of 
average OCV.\7\ Pursuant

[[Page 16408]]

to Volume Tier 4, a Member will pay a reduced fee (currently $0.07 per 
contract) if the Member has an ADV in Market Maker orders equal to or 
greater than 0.40% of average OCV. The Exchange proposes to modify the 
criteria necessary to achieve Volume Tiers 1 and 4 by increasing the 
ADV requirement from 0.05% of average OCV to 0.10% of average OCV and 
from 0.40% to 0.50%, respectively.
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    \6\ ``ADV'' means average daily volume calculated as the number 
of contracts added or removed, combined, per day.
    \7\ ``OCV'' means, the total equity and ETF options volume that 
clears in the Customer range at the Options Clearing Corporation 
(``OCC'') for the month for which the fees apply, excluding volume 
on any day that the Exchange experiences an Exchange System 
Disruption and on any day with a scheduled early market close.
---------------------------------------------------------------------------

    Pursuant to Volume Tier 7, a Member will currently be charged a 
reduced fee of $0.04 [sic] per contract where the Member has an ADV in: 
(i) Customer orders equal to or greater than 0.15% of average OCV and 
(ii) Customer or Market Maker orders equal to or greater than 0.35% of 
average OCV. The Exchange proposes to amend prongs 1 and 2, as well as 
add new prongs 3 and 4. Particularly, the Exchange proposes to increase 
the ADV requirement in the first prong from greater or equal to 0.15% 
of average OCV to 0.30% of average OCV. The Exchange also proposes to 
increase the threshold in the second prong from greater or equal to 
0.35% of average OCV to 0.50% of average OCV. The Exchange proposes to 
add a third prong which requires that the member have an ADV in BAM 
Agency Orders \8\ equal to or greater than 0.15% of average OCV. 
Lastly, the Exchange proposes to add a fourth prong that requires the 
member to have an ADV in complex Customer orders (yielding fee codes 
ZA, ZB, ZC, or ZD) greater or equal to 5,000 contracts. The Exchange 
notes that the third and fourth prongs are similar to prongs already 
established for Volume Tier 8.
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    \8\ BAM Agency Orders (yielding fee codes BC and BA) are orders 
represented as agent by a Member on behalf of another party and 
submitted to BAM for potential price improvement pursuant to Rule 
21.19. See the Exchange's Fee Schedule available at: https://markets.cboe.com/us/options/membership/fee_schedule/edgx/.
---------------------------------------------------------------------------

    Pursuant to Volume Tier 8, a Member will currently be charged a 
reduced fee of $0.02 per contract where the Member has an ADV in: (i) 
Customer orders equal to or greater than 0.30% of average OCV; (ii) 
Customer or Market Maker orders equal to or greater than 0.50% of 
average OCV; (iii) BAM Agency Orders equal to or greater than 25,000 
contracts; and (iv) complex Customer orders (yielding fee codes ZA, ZB, 
ZC, or ZD) equal to or greater than 5,000 contracts. The Exchange 
proposes to modify each of these criteria as follows: Increase the ADV 
requirement of the first prong to 0.70% of average OCV, increase the 
ADV requirement of the second prong to 1.10% of average OCV; change the 
ADV requirement of the third prong to 0.15% of average OCV; and change 
the ADV requirement of the fourth prong to 0.20% of average OCV. The 
Exchange believes the proposed changes described above will encourage 
the entry of additional orders to the Exchange.
Volume Tier Rate Increases
    The Exchange next proposes to increase the rates set forth in 
Volume Tiers 1, 3, 5, 6, 7, and 8. Specifically, Volume Tier 1 will 
increase from $0.16 per contract to $0.17 per contract; Volume Tier 3 
will increase from $0.10 per contract to $0.13 per contract; Volume 
Tier 5 will increase from $0.02 per contract to $0.03 per contract; 
Volume Tier 6 will increase from a rebate of $0.01 per contract to a 
fee of $0.01 per contract; Volume Tier 7 will increase from $0.03 per 
contract to $0.04 per contract; and Volume Tier 8 will increase from 
$0.02 per contract to $0.03 per contract. The Exchange notes that the 
proposed rates still provide a discount from the standard Market Maker 
PM and NM rate and will continue to provide an incremental incentive 
for Members to strive for the higher tier levels, which provides 
increasingly higher discounts.
Volume Tier 2
    Lastly, the Exchange proposes to eliminate Volume Tier 2 in its 
entirety and renumber the following Volume Tiers accordingly. The 
Exchange is eliminating Volume Tier 2 because it is increasing the ADV 
requirement in Volume Tier 1 and does not believe it's necessary to 
maintain a Tier that is only slightly incrementally higher.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder that are applicable to a national securities exchange, and, 
in particular, with the requirements of Section 6 of the Act.\9\ 
Specifically, the Exchange believes that the proposed rule change is 
consistent with Section 6(b)(4) of the Act,\10\ in that it provides for 
the equitable allocation of reasonable dues, fees and other charges 
among members and other persons using any facility or system which the 
Exchange operates or controls.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes the proposal to increase the standard fee of 
$0.19 per contract to $0.20 per contract for Market Maker orders in 
Penny Pilot and Non-Penny Pilot Securities that add liquidity is 
reasonable because it is only a $0.01 per contract increase and because 
it is still in line with what other exchanges assess for similar 
transactions.\11\ With respect to the proposed increases to the rates 
in Volume Tiers 1, 3, 5, 6, 7 and 8, the proposed changes are 
reasonable because Market Makers still have the opportunity to receive 
a lower Market Maker fee that the standard rate (albeit less of a 
discount than before). The Exchange also believes the rates will 
continue to provide an incremental incentive for Members to strive for 
higher tier level, which provides increasingly higher discounts. The 
Exchange believes the proposed changes are equitable and 
nondiscriminatory because the proposed changes apply uniformly to all 
Market Makers.
---------------------------------------------------------------------------

    \11\ See e.g., Nasdaq PHLX LLC Pricing Schedule, Section II, 
Multiply Listed Options Fees.
---------------------------------------------------------------------------

    The Exchange next notes that volume-based discounts such as those 
currently maintained on the Exchange have been widely adopted by 
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 of 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 into the price and volume 
discovery processes. While the proposed modifications to the existing 
Volume Tiers make such tiers more difficult to attain, each is intended 
to incentivize Members to send additional Customer and/or Market Maker 
orders to the Exchange, and in the case of Market Maker Volume Tiers 7 
and 8, also to encourage the submission of BAM Agency Orders and 
complex orders to the Exchange in an effort to qualify or continue to 
qualify for the lower fees made available by the tiers. The Exchange 
notes that increased volume on the Exchange provides greater trading 
opportunities for all market participants.
    Lastly, the Exchange believes it's reasonable to eliminate Volume 
Tier 2 because it is increasing the ADV requirement in Volume Tier 1 
and does not believe it's necessary to maintain a Tier that is only 
slightly incrementally higher. Additionally, the Exchange notes that it 
will still provide opportunities for Market Makers to receive lower 
fees as it is keeping the remaining tiers.

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

    The Exchange believes the proposed amendments to its fee schedule 
would

[[Page 16409]]

not impose any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. 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. Members may opt to disfavor the 
Exchange's pricing if they believe that alternatives offer them better 
value. Accordingly, the Exchange does not believe that the proposed 
change will impair the ability of Members or competing venues to 
maintain their competitive standing in the financial markets.

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 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 \12\ and paragraph (f) of Rule 19b-4 
thereunder.\13\ 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.
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f).
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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 rule-comments@sec.gov. Please include 
File Number SR-CboeEDGX-2018-013 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeEDGX-2018-013. 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-2018-013, and should be 
submitted on or before May 7, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-07808 Filed 4-13-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices                                                     16407

                                                  • Send an email to rule-comments@                       SECURITIES AND EXCHANGE                               the most significant parts of such
                                                sec.gov. Please include File Number SR–                   COMMISSION                                            statements.
                                                BOX–2018–11 on the subject line.                                                                                A. Self-Regulatory Organization’s
                                                                                                          [Release No. 34–83026; File No. SR–                   Statement of the Purpose of, and the
                                                Paper Comments                                            CboeEDGX–2018–013]                                    Statutory Basis for, the Proposed Rule
                                                  • Send paper comments in triplicate                                                                           Change
                                                                                                          Self-Regulatory Organizations; Cboe
                                                to Secretary, Securities and Exchange
                                                                                                          EDGX Exchange, Inc.; Notice of Filing                 1. Purpose
                                                Commission, 100 F Street NE,                              and Immediate Effectiveness of a
                                                Washington, DC 20549–1090.                                                                                         The Exchange proposes to amend its
                                                                                                          Proposed Rule Change Related to Fees
                                                                                                                                                                fee schedule for its equity options
                                                All submissions should refer to File                      for Use on the Exchange’s Equity
                                                                                                                                                                platform (‘‘EDGX Options’’) to (i)
                                                Number SR–BOX–2018–11. This file                          Options Platform
                                                                                                                                                                increase the standard rate for Market-
                                                number should be included on the                          April 10, 2018.                                       Maker orders in Penny-Pilot and Non-
                                                subject line if email is used. To help the                                                                      Penny Pilot Securities that add
                                                                                                             Pursuant to Section 19(b)(1) of the
                                                Commission process and review your                        Securities Exchange Act of 1934 (the                  liquidity, (ii) modify criteria necessary
                                                comments more efficiently, please use                     ‘‘Act’’),1 and Rule 19b–4 thereunder,2                to achieve Market Maker Volume Tiers
                                                only one method. The Commission will                      notice is hereby given that on April 2,               (‘‘Volume Tiers’’) 1, 4, 7 and 8, (iii)
                                                post all comments on the Commission’s                     2018, Cboe EDGX Exchange, Inc. (the                   increase rates for Volume Tiers 1, 3, 5,
                                                internet website (http://www.sec.gov/                     ‘‘Exchange’’ or ‘‘EDGX’’) filed with the              6, 7, 8 and (iv) eliminate Volume Tier
                                                rules/sro.shtml). Copies of the                           Securities and Exchange Commission                    2.
                                                submission, all subsequent                                (‘‘Commission’’) the proposed rule                       By way of background, fee codes PM
                                                amendments, all written statements                        change as described in Items I, II and III            and NM are currently appended to all
                                                with respect to the proposed rule                         below, which Items have been prepared                 Market Maker orders in Penny Pilot
                                                change that are filed with the                            by the Exchange. The Exchange has                     Securities and Non-Penny Pilot
                                                Commission, and all written                               designated the proposed rule change as                Securities that add liquidity, and result
                                                communications relating to the                            one establishing or changing a member                 in a standard fee of $0.19 per contract.
                                                proposed rule change between the                          due, fee, or other charge imposed by the              The Exchange determines reduced fees
                                                Commission and any person, other than                     Exchange under Section 19(b)(3)(A)(ii)                or enhanced rebates using a tiered
                                                those that may be withheld from the                       of the Act 3 and Rule 19b–4(f)(2)                     pricing structure under the Volume
                                                public in accordance with the                             thereunder,4 which renders the                        Tiers. Specifically, the Volume Tiers in
                                                provisions of 5 U.S.C. 552, will be                       proposed rule change effective upon                   footnote 2 of the Fee Schedule consist
                                                                                                          filing with the Commission. The                       of eight separate tiers, each providing a
                                                available for website viewing and
                                                                                                          Commission is publishing this notice to               reduced fee or rebate to a Member’s
                                                printing in the Commission’s Public
                                                                                                          solicit comments on the proposed rule                 Market Maker order that yields fee
                                                Reference Room, 100 F Street NE,                                                                                codes PM or NM upon satisfying the
                                                Washington, DC 20549 on official                          change from interested persons.
                                                                                                                                                                monthly volume criteria required by the
                                                business days between the hours of                        I. Self-Regulatory Organization’s                     respective tier.
                                                10:00 a.m. and 3:00 p.m. Copies of such                   Statement of the Terms of Substance of
                                                filing also will be available for                         the Proposed Rule Change                              Market Maker Standard Fee Increase
                                                inspection and copying at the principal                      The Exchange filed a proposal to                      The Exchange first proposes to
                                                office of the Exchange. All comments                      modify its fee schedule with respect to               increase the standard fee of $0.19 per
                                                received will be posted without change.                   Market Maker Fees on its equity options               contract for Market Maker orders in
                                                Persons submitting comments are                           platform.                                             Penny Pilot and Non-Penny Pilot
                                                cautioned that we do not redact or edit                      The text of the proposed rule change               Securities that add liquidity to $0.20 per
                                                personal identifying information from                     is available at the Exchange’s website at             contract. The Exchange notes that this
                                                comment submissions. You should                           www.markets.cboe.com, at the principal                increase is in line with the amounts
                                                submit only information that you wish                     office of the Exchange, and at the                    assessed by other exchanges for similar
                                                to make available publicly. All                           Commission’s Public Reference Room.                   transactions.5
                                                submissions should refer to File                                                                                Market Maker Volume Tier Criteria
                                                                                                          II. Self-Regulatory Organization’s
                                                Number SR–BOX–2018–11, and should                         Statement of the Purpose of, and                      Modifications
                                                be submitted on or before May 7, 2018.                    Statutory Basis for, the Proposed Rule                  Pursuant to Volume Tier 1, the lowest
                                                  For the Commission, by the Division of                  Change                                                volume tier, a Member will pay a
                                                Trading and Markets, pursuant to delegated                                                                      reduced fee (currently $0.16 per
                                                                                                            In its filing with the Commission, the
                                                authority.9                                                                                                     contract) if the Member has an ADV 6 in
                                                                                                          Exchange included statements
                                                Eduardo A. Aleman,                                        concerning the purpose of and basis for               Market Maker orders equal to or greater
                                                Assistant Secretary.                                      the proposed rule change and discussed                than 0.05% of average OCV.7 Pursuant
                                                [FR Doc. 2018–07810 Filed 4–13–18; 8:45 am]               any comments it received on the
                                                                                                                                                                   5 See e.g., Nasdaq PHLX LLC Pricing Schedule,
                                                BILLING CODE 8011–01–P                                    proposed rule change. The text of these
                                                                                                                                                                Section II, Multiply Listed Options Fees.
                                                                                                          statements may be examined at the                        6 ‘‘ADV’’ means average daily volume calculated
                                                                                                          places specified in Item IV below. The
srobinson on DSK3G9T082PROD with NOTICES




                                                                                                                                                                as the number of contracts added or removed,
                                                                                                          Exchange has prepared summaries, set                  combined, per day.
                                                                                                          forth in Sections A, B, and C below, of                  7 ‘‘OCV’’ means, the total equity and ETF options

                                                                                                                                                                volume that clears in the Customer range at the
                                                                                                            1 15
                                                                                                                                                                Options Clearing Corporation (‘‘OCC’’) for the
                                                                                                                 U.S.C. 78s(b)(1).                              month for which the fees apply, excluding volume
                                                                                                            2 17 CFR 240.19b–4.                                 on any day that the Exchange experiences an
                                                                                                            3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                                                                                Exchange System Disruption and on any day with
                                                  9 17   CFR 200.30–3(a)(12).                               4 17 CFR 240.19b–4(f)(2).                           a scheduled early market close.



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                                                16408                          Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices

                                                to Volume Tier 4, a Member will pay a                   OCV; and change the ADV requirement                    per contract increase and because it is
                                                reduced fee (currently $0.07 per                        of the fourth prong to 0.20% of average                still in line with what other exchanges
                                                contract) if the Member has an ADV in                   OCV. The Exchange believes the                         assess for similar transactions.11 With
                                                Market Maker orders equal to or greater                 proposed changes described above will                  respect to the proposed increases to the
                                                than 0.40% of average OCV. The                          encourage the entry of additional orders               rates in Volume Tiers 1, 3, 5, 6, 7 and
                                                Exchange proposes to modify the                         to the Exchange.                                       8, the proposed changes are reasonable
                                                criteria necessary to achieve Volume                                                                           because Market Makers still have the
                                                Tiers 1 and 4 by increasing the ADV                     Volume Tier Rate Increases                             opportunity to receive a lower Market
                                                requirement from 0.05% of average OCV                     The Exchange next proposes to                        Maker fee that the standard rate (albeit
                                                to 0.10% of average OCV and from                        increase the rates set forth in Volume                 less of a discount than before). The
                                                0.40% to 0.50%, respectively.                           Tiers 1, 3, 5, 6, 7, and 8. Specifically,              Exchange also believes the rates will
                                                   Pursuant to Volume Tier 7, a Member                  Volume Tier 1 will increase from $0.16                 continue to provide an incremental
                                                will currently be charged a reduced fee                 per contract to $0.17 per contract;                    incentive for Members to strive for
                                                of $0.04 [sic] per contract where the                   Volume Tier 3 will increase from $0.10                 higher tier level, which provides
                                                Member has an ADV in: (i) Customer                      per contract to $0.13 per contract;                    increasingly higher discounts. The
                                                orders equal to or greater than 0.15% of                Volume Tier 5 will increase from $0.02                 Exchange believes the proposed changes
                                                average OCV and (ii) Customer or                        per contract to $0.03 per contract;                    are equitable and nondiscriminatory
                                                Market Maker orders equal to or greater                 Volume Tier 6 will increase from a                     because the proposed changes apply
                                                than 0.35% of average OCV. The                          rebate of $0.01 per contract to a fee of               uniformly to all Market Makers.
                                                Exchange proposes to amend prongs 1                     $0.01 per contract; Volume Tier 7 will                    The Exchange next notes that volume-
                                                and 2, as well as add new prongs 3 and                  increase from $0.03 per contract to                    based discounts such as those currently
                                                4. Particularly, the Exchange proposes                  $0.04 per contract; and Volume Tier 8                  maintained on the Exchange have been
                                                to increase the ADV requirement in the                  will increase from $0.02 per contract to               widely adopted by options exchanges
                                                first prong from greater or equal to                    $0.03 per contract. The Exchange notes                 and are equitable because they are open
                                                0.15% of average OCV to 0.30% of                        that the proposed rates still provide a                to all Members on an equal basis and
                                                average OCV. The Exchange also                          discount from the standard Market                      provide additional benefits or discounts
                                                proposes to increase the threshold in the               Maker PM and NM rate and will                          that are reasonably related to the value
                                                second prong from greater or equal to                   continue to provide an incremental                     of an exchange’s market quality
                                                0.35% of average OCV to 0.50% of                        incentive for Members to strive for the                associated with higher levels of market
                                                average OCV. The Exchange proposes to                   higher tier levels, which provides                     activity, such as higher levels of
                                                add a third prong which requires that                   increasingly higher discounts.                         liquidity provision and/or growth
                                                the member have an ADV in BAM                                                                                  patterns, and introduction of higher
                                                Agency Orders 8 equal to or greater than                Volume Tier 2                                          volumes of orders into the price and
                                                0.15% of average OCV. Lastly, the                          Lastly, the Exchange proposes to                    volume discovery processes. While the
                                                Exchange proposes to add a fourth                       eliminate Volume Tier 2 in its entirety                proposed modifications to the existing
                                                prong that requires the member to have                  and renumber the following Volume                      Volume Tiers make such tiers more
                                                an ADV in complex Customer orders                       Tiers accordingly. The Exchange is                     difficult to attain, each is intended to
                                                (yielding fee codes ZA, ZB, ZC, or ZD)                  eliminating Volume Tier 2 because it is                incentivize Members to send additional
                                                greater or equal to 5,000 contracts. The                increasing the ADV requirement in                      Customer and/or Market Maker orders
                                                Exchange notes that the third and fourth                Volume Tier 1 and does not believe it’s                to the Exchange, and in the case of
                                                prongs are similar to prongs already                    necessary to maintain a Tier that is only              Market Maker Volume Tiers 7 and 8,
                                                established for Volume Tier 8.                          slightly incrementally higher.                         also to encourage the submission of
                                                   Pursuant to Volume Tier 8, a Member                                                                         BAM Agency Orders and complex
                                                will currently be charged a reduced fee                 2. Statutory Basis
                                                                                                                                                               orders to the Exchange in an effort to
                                                of $0.02 per contract where the Member                     The Exchange believes that the                      qualify or continue to qualify for the
                                                has an ADV in: (i) Customer orders                      proposed rule change is consistent with                lower fees made available by the tiers.
                                                equal to or greater than 0.30% of                       the requirements of the Act and the                    The Exchange notes that increased
                                                average OCV; (ii) Customer or Market                    rules and regulations thereunder that                  volume on the Exchange provides
                                                Maker orders equal to or greater than                   are applicable to a national securities                greater trading opportunities for all
                                                0.50% of average OCV; (iii) BAM                         exchange, and, in particular, with the                 market participants.
                                                Agency Orders equal to or greater than                  requirements of Section 6 of the Act.9                    Lastly, the Exchange believes it’s
                                                25,000 contracts; and (iv) complex                      Specifically, the Exchange believes that               reasonable to eliminate Volume Tier 2
                                                Customer orders (yielding fee codes ZA,                 the proposed rule change is consistent                 because it is increasing the ADV
                                                ZB, ZC, or ZD) equal to or greater than                 with Section 6(b)(4) of the Act,10 in that             requirement in Volume Tier 1 and does
                                                5,000 contracts. The Exchange proposes                  it provides for the equitable allocation               not believe it’s necessary to maintain a
                                                to modify each of these criteria as                     of reasonable dues, fees and other                     Tier that is only slightly incrementally
                                                follows: Increase the ADV requirement                   charges among members and other                        higher. Additionally, the Exchange
                                                of the first prong to 0.70% of average                  persons using any facility or system                   notes that it will still provide
                                                OCV, increase the ADV requirement of                    which the Exchange operates or                         opportunities for Market Makers to
                                                the second prong to 1.10% of average                    controls.                                              receive lower fees as it is keeping the
                                                OCV; change the ADV requirement of                         The Exchange believes the proposal to               remaining tiers.
                                                                                                        increase the standard fee of $0.19 per
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                                                the third prong to 0.15% of average
                                                                                                        contract to $0.20 per contract for Market              B. Self-Regulatory Organization’s
                                                  8 BAM    Agency Orders (yielding fee codes BC and     Maker orders in Penny Pilot and Non-                   Statement on Burden on Competition
                                                BA) are orders represented as agent by a Member         Penny Pilot Securities that add liquidity                The Exchange believes the proposed
                                                on behalf of another party and submitted to BAM
                                                for potential price improvement pursuant to Rule
                                                                                                        is reasonable because it is only a $0.01               amendments to its fee schedule would
                                                21.19. See the Exchange’s Fee Schedule available
                                                                                                          9 15   U.S.C. 78f.
                                                at: https://markets.cboe.com/us/options/                                                                         11 See e.g., Nasdaq PHLX LLC Pricing Schedule,

                                                membership/fee_schedule/edgx/.                            10 15   U.S.C. 78f(b)(4).                            Section II, Multiply Listed Options Fees.



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                                                                                  Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices                                                  16409

                                                not impose any burden on competition                       All submissions should refer to File                  (44 U.S.C. 3501 et seq.), the Securities
                                                that is not necessary or appropriate in                    Number SR–CboeEDGX–2018–013. This                     and Exchange Commission
                                                furtherance of the purposes of the Act.                    file number should be included on the                 (‘‘Commission’’) is soliciting comments
                                                The Exchange does not believe that the                     subject line if email is used. To help the            on the collection of information
                                                proposed changes represent a significant                   Commission process and review your                    summarized below. The Commission
                                                departure from previous pricing offered                    comments more efficiently, please use                 plans to submit this existing collection
                                                by the Exchange or pricing offered by                      only one method. The Commission will                  of information to the Office of
                                                the Exchange’s competitors. Members                        post all comments on the Commission’s                 Management and Budget for extension
                                                may opt to disfavor the Exchange’s                         internet website (http://www.sec.gov/                 and approval.
                                                pricing if they believe that alternatives                  rules/sro.shtml). Copies of the                          Form 20–F (17 CFR 249.220f) is used
                                                offer them better value. Accordingly, the                  submission, all subsequent                            to register securities of foreign private
                                                Exchange does not believe that the                         amendments, all written statements                    issuers pursuant to Section 12 of the
                                                proposed change will impair the ability                    with respect to the proposed rule                     Securities Exchange Act of 1934
                                                of Members or competing venues to                          change that are filed with the                        (‘‘Exchange Act’’) (15 U.S.C. 78l) or as
                                                maintain their competitive standing in                     Commission, and all written                           annual and transitional reports pursuant
                                                the financial markets.                                     communications relating to the                        to Sections 13 and 15(d) of the Exchange
                                                C. Self-Regulatory Organization’s                          proposed rule change between the                      Act (15 U.S.C. 78m(a) and 78o(d)). The
                                                Statement on Comments on the                               Commission and any person, other than                 information required in the Form 20–F
                                                Proposed Rule Change Received From                         those that may be withheld from the                   is used by investors in making
                                                Members, Participants, or Others                           public in accordance with the                         investment decisions with respect to the
                                                                                                           provisions of 5 U.S.C. 552, will be                   securities of such foreign private
                                                  The Exchange has not solicited, and                      available for website viewing and
                                                does not intend to solicit, comments on                                                                          issuers. We estimate that Form 20–F
                                                                                                           printing in the Commission’s Public                   takes approximately 2,645.52 hours per
                                                this proposed rule change. The                             Reference Room, 100 F Street NE,
                                                Exchange has not received any written                                                                            response and is filed by approximately
                                                                                                           Washington, DC 20549, on official                     680 respondents. We estimate that 25%
                                                comments from members or other                             business days between the hours of
                                                interested parties.                                                                                              of the 2,645.52 hours per response
                                                                                                           10:00 a.m. and 3:00 p.m. Copies of the                (661.38 hours) is prepared by the issuer
                                                III. Date of Effectiveness of the                          filing also will be available for                     for a total reporting burden of 449,738
                                                Proposed Rule Change and Timing for                        inspection and copying at the principal               (661.38 hours per response × 680
                                                Commission Action                                          office of the Exchange. All comments                  responses).
                                                   The foregoing rule change has become                    received will be posted without change.
                                                                                                           Persons submitting comments are                          Written comments are invited on: (a)
                                                effective pursuant to Section 19(b)(3)(A)                                                                        Whether the proposed collection of
                                                of the Act 12 and paragraph (f) of Rule                    cautioned that we do not redact or edit
                                                                                                           personal identifying information from                 information is necessary for the proper
                                                19b–4 thereunder.13 At any time within                                                                           performance of the functions of the
                                                60 days of the filing of the proposed rule                 comment submissions. You should
                                                                                                           submit only information that you wish                 agency, including whether the
                                                change, the Commission summarily may                                                                             information will have practical utility;
                                                temporarily suspend such rule change if                    to make available publicly. All
                                                                                                           submissions should refer to File                      (b) the accuracy of the agency’s estimate
                                                it appears to the Commission that such                                                                           of the burden imposed by the collection
                                                action is necessary or appropriate in the                  Number SR–CboeEDGX–2018–013, and
                                                                                                           should be submitted on or before May                  of information; (c) ways to enhance the
                                                public interest, for the protection of                                                                           quality, utility, and clarity of the
                                                investors, or otherwise in furtherance of                  7, 2018.
                                                                                                                                                                 information collected; and (d) ways to
                                                the purposes of the Act.                                     For the Commission, by the Division of              minimize the burden of the collection of
                                                                                                           Trading and Markets, pursuant to delegated
                                                IV. Solicitation of Comments                                                                                     information on respondents, including
                                                                                                           authority.14
                                                  Interested persons are invited to                                                                              through the use of automated collection
                                                                                                           Eduardo A. Aleman,
                                                submit written data, views, and                                                                                  techniques or other forms of information
                                                                                                           Assistant Secretary.                                  technology. Consideration will be given
                                                arguments concerning the foregoing,                        [FR Doc. 2018–07808 Filed 4–13–18; 8:45 am]
                                                including whether the proposed rule                                                                              to comments and suggestions submitted
                                                change is consistent with the Act.
                                                                                                           BILLING CODE 8011–01–P                                in writing within 60 days of this
                                                Comments may be submitted by any of                                                                              publication.
                                                the following methods:                                     SECURITIES AND EXCHANGE                                  An agency may not conduct or
                                                                                                           COMMISSION                                            sponsor, and a person is not required to
                                                Electronic Comments
                                                                                                                                                                 respond to, a collection of information
                                                   • Use the Commission’s internet                         Proposed Collection; Comment                          unless it displays a currently valid
                                                comment form (http://www.sec.gov/                          Request                                               control number.
                                                rules/sro.shtml); or
                                                   • Send an email to rule-comments@                                                                                Please direct your written comment to
                                                                                                           Upon Written Request Copies Available
                                                sec.gov. Please include File Number SR–                                                                          Pamela Dyson, Director/Chief
                                                                                                            From: Securities and Exchange
                                                CboeEDGX–2018–013 on the subject                                                                                 Information Officer, Securities and
                                                                                                            Commission, Office of FOIA Services,
                                                line.                                                                                                            Exchange Commission, c/o Remi Pavlik-
                                                                                                            100 F Street NE, Washington, DC
                                                                                                                                                                 Simon, 100 F Street NE, Washington,
                                                Paper Comments                                              20549–2736.
                                                                                                                                                                 DC 20549 or send an email to: PRA_
srobinson on DSK3G9T082PROD with NOTICES




                                                                                                           Extension:
                                                  • Send paper comments in triplicate                                                                            Mailbox@sec.gov.
                                                                                                             Form 20–F, SEC File No. 270–156, OMB
                                                to Secretary, Securities and Exchange                          Control No. 3235–0288.                              Dated: April 9, 2018.
                                                Commission, 100 F Street NE,                                                                                     Eduardo A. Aleman,
                                                Washington, DC 20549–1090.                                   Notice is hereby given that, pursuant
                                                                                                           to the Paperwork Reduction Act of 1995                Assistant Secretary.
                                                  12 15   U.S.C. 78s(b)(3)(A).                                                                                   [FR Doc. 2018–07791 Filed 4–13–18; 8:45 am]
                                                  13 17   CFR 240.19b–4(f).                                  14 17   CFR 200.30–3(a)(12).                        BILLING CODE 8011–01–P




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Document Created: 2018-04-14 02:19:40
Document Modified: 2018-04-14 02:19:40
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 Citation83 FR 16407 

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