83_FR_2254 83 FR 2244 - Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Transaction Fees

83 FR 2244 - Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Transaction Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 10 (January 16, 2018)

Page Range2244-2246
FR Document2018-00534

Federal Register, Volume 83 Issue 10 (Tuesday, January 16, 2018)
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2244-2246]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00534]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82477; File No. SR-CboeBYX-2017-005]


Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Related to 
Transaction Fees

January 9, 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 December 27, 2017, Cboe BYX Exchange, Inc. (the ``Exchange'' or 
``BYX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated the proposed rule change as one establishing or 
changing a member due, fee, or other charge imposed by the Exchange 
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders the proposed rule change effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable 
to Members \5\ and non-Members of the Exchange pursuant to BYX Rules 
15.1(a) and (c).
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    \5\ The term ``Member'' is defined as ``any registered broker or 
dealer that has been admitted to membership in the Exchange.'' See 
Exchange Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's 
website at www.markets.cboe.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

[[Page 2245]]

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
    As further described below, the Exchange proposes to amend its fee 
schedule to: (i) Modify its standard rebate to remove liquidity 
yielding fee codes BB,\6\ N,\7\ and W; \8\ (ii) modify its standard fee 
to add liquidity yielding fee codes B,\9\ V \10\ and Y; \11\ and (iii) 
adopt a new tier under footnote 1, Add/Remove Volume Tiers.
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    \6\ Fee code BB is appended to orders that remove liquidity from 
BYX (Tape B). See the Exchange's fee schedule available at http://markets.cboe.com/us/equities/membership/fee_schedule/byx/.
    \7\ Fee code N is appended to orders that remove liquidity from 
BYX (Tape C). Id.
    \8\ Fee code W is appended to orders that remove liquidity from 
BYX (Tape A). Id.
    \9\ Fee code B is appended to displayed orders that add 
liquidity to BYX (Tape B). Id.
    \10\ Fee code V is appended to displayed orders that add 
liquidity to BYX (Tape A). Id.
    \11\ Fee code Y is appended to displayed orders that add 
liquidity to BYX (Tape C). Id.
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Standard Rebates to Remove Liquidity
    The Exchange currently provides a standard rebate of $0.0008 per 
share for orders that remove liquidity from the Exchange in securities 
priced at or above $1.00. The Exchange appends fee codes W, BB and N 
for orders removing liquidity in Tape A, Tape B, and Tape C securities, 
respectively. The Exchange proposes to reduce the standard rebate 
provided for orders yielding these fee codes to a rebate of $0.0005 per 
share. In connection with this change, the Exchange proposes to modify 
the Standard Rates chart contained on the fee schedule to reflect the 
new standard rebate of $0.0005 per share to remove liquidity.
Standard Fee To Add Liquidity
    The Exchange currently charges a standard fee of $0.0018 per share 
for orders that add liquidity to the Exchange in securities priced at 
or above $1.00. The Exchange appends fee codes V, B, and Y for orders 
adding liquidity in Tape A, Tape B, and Tape C securities, 
respectively. The Exchange proposes to increase the standard fee 
charged for orders yielding these fee codes to a fee of $0.0019 per 
share. In connection with this change, the Exchange proposes to modify 
the Standard Rates chart contained on the fee schedule to reflect the 
new standard fee of $0.0019 per share to add liquidity.
New Remove Volume Tier
    The Exchange currently offers six [sic] tiers under footnote 1 that 
offer reduced fees for displayed orders that add liquidity yielding fee 
codes B, V and Y, and an enhanced rebate for orders that remove 
liquidity yielding fee codes BB, N and W, as described above. The 
Exchange proposes to add a new tier under footnote 1, to be known as 
Tier 9, under which a Member would receive an enhanced rebate of 
$0.0017 per share on orders that yield fee codes BB, N and W, where a 
Member has: (i) A Step-Up Remove TCV\12\ from December 2017 equal to or 
greater than 0.075%; and (ii) an ADAV \13\ equal to or greater than 
0.10% of the TCV.\14\
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    \12\ ``Step-Up Remove TCV'' means remove ADV as a percentage of 
TCV in the relevant baseline month subtracted from current remove 
ADV as a percentage of TCV. See the Exchange's fee schedule 
available at http://markets.cboe.com/us/equities/membership/fee_schedule/byx/.
    \13\ ``ADAV'' means average daily volume calculated as the 
number of shares added per day and ``ADV'' means average daily 
volume calculated as the number of shares added or removed, 
combined, per day. ADAV and ADV are calculated on a monthly basis. 
Id.
    \14\ ``TCV'' means total consolidated volume calculated as the 
volume reported by all exchanges and trade reporting facilities to a 
consolidated transaction reporting plan for the month for which the 
fees apply. Id.
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Implementation Date
    The Exchange proposes to implement the above changes to its fee 
schedule on January 2, 2018.
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.
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    \15\ 15 U.S.C. 78f.
    \16\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that proposed changes to fee codes BB, N, and 
W represent an equitable allocation of reasonable dues, fees, and other 
charges because the Exchange's standard rebate for removing liquidity 
continues to be higher than that provided by other exchanges. For 
example, Nasdaq BX, Inc. (``Nasdaq BX'') provides a standard rebate of 
$0.0001 per share for orders that remove liquidity.\17\ The Exchange 
further believes that the standard rebate for fee codes BB, N, and W 
remains equitably allocated and not unreasonably discriminatory because 
such rebate is provided to all Members unless they qualify for enhanced 
rebates based on other factors.
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    \17\ See the Nasdaq BX fee schedule available at http://www.nasdaqtrader.com/Trader.aspx?id=bx_pricing.
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    The Exchange believes that proposed changes to fee codes B, V, and 
Y represent an equitable allocation of reasonable dues, fees, and other 
charges because the Exchange's standard fee for adding liquidity 
continues to be lower than that provided by other exchanges. For 
example, Nasdaq BX charges a standard fee of $0.0020 per share for 
orders that remove liquidity.\18\ The Exchange further believes that 
the standard fee for fee codes B, V, and Y remains equitably allocated 
and not unreasonably discriminatory because such fee is provided to all 
Members unless they qualify for reduced fees based on other factors.
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    \18\ Id.
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    The Exchange believes that the proposed Tier 9 to be added to 
footnote 1 is equitably allocated and reasonable because it will reward 
a Member's growth pattern on the Exchange and such increased volume 
will allow the Exchange to continue to provide and potentially expand 
its incentive programs. The Exchange further believes that the proposed 
tier is reasonable, fair and equitable because the liquidity from the 
proposed change would benefit all investors by deepening the Exchange's 
liquidity pool, offering additional flexibility for all investors to 
enjoy cost savings, supporting the quality of price discovery, 
promoting market transparency and improving investor protection. The 
Exchange also believes the proposed rebate of $0.0017 per share for 
Tier 9 is reasonable in that it is equivalent to the top tier rebate to 
remove liquidity provided by Nasdaq BX.\19\ The proposed pricing 
structure is also not unfairly discriminatory in that it is available 
to all Members.
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    \19\ Id.
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    In addition, volume-based fees such as that proposed herein have 
been widely adopted by exchanges and are equitable because they are 
open to all Members on an equal basis and provide

[[Page 2246]]

additional benefits or discounts that are reasonably related to: (i) 
The value to an exchange's market quality; (ii) associated higher 
levels of market activity, such as higher levels of liquidity provision 
and/or growth patterns; and (iii) the introduction of higher volumes of 
orders into the price and volume discovery processes. The Exchange 
believes that the proposed tier is a reasonable, fair and equitable, 
and not an unfairly discriminatory allocation of fees and rebates, 
because it will provide Members with an additional incentive to reach 
certain thresholds on the Exchange.

(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. The Exchange does not believe 
that this change represents a significant departure from previous 
pricing offered by the Exchange or from pricing offered by the 
Exchange's competitors. The proposed rates would apply uniformly to all 
Members, and 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 changes will impair the 
ability of Members or competing venues to maintain their competitive 
standing in the financial markets. Further, excessive fees would serve 
to impair an exchange's ability to compete for order flow and members 
rather than burdening competition. The Exchange believes that its 
proposal would not burden intramarket competition because the proposed 
rate would apply uniformly to all Members.

(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 \20\ and paragraph (f) of Rule 19b-4 
thereunder.\21\ 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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    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 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-CboeBYX-2017-005 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-CboeBYX-2017-005. 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-CboeBYX-2017-005 and should be submitted 
on or before February 6, 2018.
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    \22\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\22\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-00534 Filed 1-12-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               2244                          Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices

                                               Securities and Exchange Commission                        In addition, approximately 1,144                      Information Officer, Securities and
                                               (‘‘Commission’’) is soliciting comments                 broker-dealers 3 must comply with Rule                  Exchange Commission, c/o Remi Pavlik-
                                               on the existing collection of information               9b–1. Each of these respondents will                    Simon, 100 F Street NE, Washington,
                                               provided for in Rule 9b–1, Options                      process an average of 3 new customers                   DC 20549, or send an email to: PRA_
                                               Disclosure Document (17 CFR 240.9b–                     for options each week and, therefore,                   Mailbox@sec.gov.
                                               1), under the Securities Exchange Act of                will have to furnish approximately 156                    Dated: January 9, 2018.
                                               1934 (15 U.S.C. 78a et seq.). The                       ODDs per year. The postal mailing or
                                                                                                                                                               Eduardo A. Aleman,
                                               Commission plans to submit this                         electronic delivery of the ODD takes
                                                                                                                                                               Assistant Secretary.
                                               existing collection of information to the               respondents no more than 30 seconds to
                                                                                                       complete for an annual time burden for                  [FR Doc. 2018–00489 Filed 1–12–18; 8:45 am]
                                               Office of Management and Budget
                                               (‘‘OMB’’) for extension and approval.                   each of these respondents of 78 minutes                 BILLING CODE 8011–01–P
                                                                                                       or 1.3 hours. Thus, the total time burden
                                                  Rule 9b–1 (17 CFR 240.9b–1) sets
                                                                                                       per year for broker-dealers is 1,487
                                               forth the categories of information                     hours (1,144 broker-dealers × 1.3 hours).               SECURITIES AND EXCHANGE
                                               required to be disclosed in an options                  The estimated cost for a general clerk of               COMMISSION
                                               disclosure document (‘‘ODD’’) and                       a broker-dealer is $62 per hour,4                       [Release No. 34–82477; File No. SR–
                                               requires the options markets to file an                 resulting in a total internal cost of                   CboeBYX–2017–005]
                                               ODD with the Commission 60 days prior                   compliance for these respondents of
                                               to the date it is distributed to investors.             $92,194 per year (1,487 hours at $62 per                Self-Regulatory Organizations; Cboe
                                               In addition, Rule 9b–1 provides that the                hour).                                                  BYX Exchange, Inc.; Notice of Filing
                                               ODD must be amended if the                                The total time burden for all                         and Immediate Effectiveness of a
                                               information in the document becomes                     respondents under this rule (both                       Proposed Rule Change Related to
                                               materially inaccurate or incomplete and                 options markets and broker-dealers) is                  Transaction Fees
                                               that amendments must be filed with the                  1,847 hours per year (360 + 1,487), and
                                               Commission 30 days prior to the                                                                                 January 9, 2018.
                                                                                                       the total internal cost of compliance is
                                               distribution to customers. Finally, Rule                $240,514 ($148,320 + $92,194).                             Pursuant to Section 19(b)(1) of the
                                               9b–1 requires a broker-dealer to furnish                  Written comments are invited on: (a)                  Securities Exchange Act of 1934 (the
                                               to each customer an ODD and any                         Whether the proposed collection of                      ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               amendments, prior to accepting an order                 information is necessary for the proper                 notice is hereby given that on December
                                               to purchase or sell an option on behalf                 performance of the functions of the                     27, 2017, Cboe BYX Exchange, Inc. (the
                                               of that customer.                                       Commission, including whether the                       ‘‘Exchange’’ or ‘‘BYX’’) filed with the
                                                                                                       information shall have practical utility;               Securities and Exchange Commission
                                                  There are 15 options markets 1 that                                                                          (‘‘Commission’’) the proposed rule
                                               must comply with Rule 9b–1. These                       (b) the accuracy of the Commission’s
                                                                                                       estimates of the burden of the proposed                 change as described in Items I, II and III
                                               respondents work together to prepare a                                                                          below, which Items have been prepared
                                               single ODD covering options traded on                   collection of information; (c) ways to
                                                                                                       enhance the quality, utility, and clarity               by the Exchange. The Exchange has
                                               each market, as well as amendments to                                                                           designated the proposed rule change as
                                               the ODD. These respondents file                         of the information collected; and (d)
                                                                                                       ways to minimize the burden of the                      one establishing or changing a member
                                               approximately 3 amendments per year.                                                                            due, fee, or other charge imposed by the
                                               The staff calculates that the preparation               collection of information on
                                                                                                       respondents, including through the use                  Exchange under Section 19(b)(3)(A)(ii)
                                               and filing of amendments should take                                                                            of the Act 3 and Rule 19b–4(f)(2)
                                               no more than eight hours per options                    of automated collection techniques or
                                                                                                       other forms of information technology.                  thereunder,4 which renders the
                                               market. Thus, the total time burden for                                                                         proposed rule change effective upon
                                               options markets per year is 360 hours                   Consideration will be given to
                                                                                                       comments and suggestions submitted in                   filing with the Commission. The
                                               (15 options markets x 8 hours per                                                                               Commission is publishing this notice to
                                               amendment × 3 amendments). The                          writing within 60 days of this
                                                                                                       publication.                                            solicit comments on the proposed rule
                                               estimated cost for an in-house attorney                                                                         change from interested persons.
                                               is $412 per hour,2 resulting in a total                   An agency may not conduct or
                                               internal cost of compliance for these                   sponsor, and a person is not required to                I. Self-Regulatory Organization’s
                                               respondents of $148,320 per year (360                   respond to, a collection of information                 Statement of the Terms of Substance of
                                               hours at $412 per hour).                                under the PRA unless it displays a                      the Proposed Rule Change
                                                                                                       currently valid OMB control number.
                                                                                                         Please direct your written comments                      The Exchange filed a proposal to
                                                 1 The  fifteen options markets are as follows: The
                                                                                                       to: Pamela Dyson, Director/Chief                        amend the fee schedule applicable to
                                               fifteen options markets are as follows: BOX Options
                                               Exchange LLC, Cboe BZX Exchange, Inc., Cboe C2
                                                                                                                                                               Members 5 and non-Members of the
                                               Exchange, Inc., Cboe EDGX Exchange, Inc., Cboe             3 The estimate of 1,144 broker-dealers required to   Exchange pursuant to BYX Rules 15.1(a)
                                               Exchange, Inc., Miami International Securities          comply with Rule 9b–1 is derived from Item 12 of        and (c).
                                               Exchange LLC, MIAX PEARL, LLC, Nasdaq BX,               the Form BD (OMB Control No. 3235–0012). This              The text of the proposed rule change
                                               Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC, Nasdaq         estimate may be high as it includes broker-dealers
                                               MRX, LLC, Nasdaq PHLX LLC, the Nasdaq Options           that engage in only a proprietary business, and as
                                                                                                                                                               is available at the Exchange’s website at
                                               Market (NOM), NYSE Arca, Inc., and NYSE                 a result are not required to deliver an ODD, as well    www.markets.cboe.com, at the principal
                                               American LLC.                                           as those broker-dealers subject to Rule 9b–1.           office of the Exchange, and at the
                                                  2 SIFMA did its last annual survey in 2013 and          4 The $62 figure is based on the 2013 figure ($57)
                                                                                                                                                               Commission’s Public Reference Room.
                                               will not resume the survey process. Accordingly,        adjusted for inflation. See supra note 1. The $57 per
daltland on DSKBBV9HB2PROD with NOTICES




                                               the $412 figure is based on the 2013 figure ($380)      hour figure for a General Clerk is from SIFMA’s           1 15 U.S.C. 78s(b)(1).
                                               adjusted by the inflation rate calculated using the     Office Salaries in the Securities Industry 2013,          2 17
                                               Bureau of Labor Statistics’ CPI Inflation Calculator.   modified by Commission staff to account for an                 CFR 240.19b–4.
                                                                                                                                                                 3 15 U.S.C. 78s(b)(3)(A)(ii).
                                               The $380 per hour figure for an Attorney is from        1800-hour work-year and multiplied by 2.93 to
                                                                                                                                                                 4 17 CFR 240.19b–4(f)(2).
                                               SIFMA’s Management & Professional Earnings in           account for bonuses, firm size, employee benefits
                                               the Securities Industry 2013, modified by               and overhead. The staff believes that the ODD             5 The term ‘‘Member’’ is defined as ‘‘any

                                               Commission staff to account for an 1800-hour work-      would be mailed or electronically delivered to          registered broker or dealer that has been admitted
                                               year and multiplied by 5.35 to account for bonuses,     customers by a general clerk of the broker-dealer or    to membership in the Exchange.’’ See Exchange
                                               firm size, employee benefits and overhead.              some other equivalent position.                         Rule 1.5(n).



                                          VerDate Sep<11>2014   22:48 Jan 12, 2018   Jkt 244001   PO 00000   Frm 00114   Fmt 4703   Sfmt 4703   E:\FR\FM\16JAN1.SGM     16JAN1


                                                                             Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices                                                   2245

                                               II. Self-Regulatory Organization’s                      Exchange in securities priced at or                    because the Exchange’s standard rebate
                                               Statement of the Purpose of, and                        above $1.00. The Exchange appends fee                  for removing liquidity continues to be
                                               Statutory Basis for, the Proposed Rule                  codes V, B, and Y for orders adding                    higher than that provided by other
                                               Change                                                  liquidity in Tape A, Tape B, and Tape                  exchanges. For example, Nasdaq BX,
                                                  In its filing with the Commission, the               C securities, respectively. The Exchange               Inc. (‘‘Nasdaq BX’’) provides a standard
                                               Exchange included statements                            proposes to increase the standard fee                  rebate of $0.0001 per share for orders
                                               concerning the purpose of and basis for                 charged for orders yielding these fee                  that remove liquidity.17 The Exchange
                                               the proposed rule change and discussed                  codes to a fee of $0.0019 per share. In                further believes that the standard rebate
                                               any comments it received on the                         connection with this change, the                       for fee codes BB, N, and W remains
                                               proposed rule change. The text of these                 Exchange proposes to modify the                        equitably allocated and not
                                               statements may be examined at the                       Standard Rates chart contained on the                  unreasonably discriminatory because
                                               places specified in Item IV below. The                  fee schedule to reflect the new standard               such rebate is provided to all Members
                                               Exchange has prepared summaries, set                    fee of $0.0019 per share to add liquidity.             unless they qualify for enhanced rebates
                                               forth in Sections A, B, and C below, of                                                                        based on other factors.
                                                                                                       New Remove Volume Tier
                                               the most significant parts of such                                                                                The Exchange believes that proposed
                                                                                                          The Exchange currently offers six [sic]             changes to fee codes B, V, and Y
                                               statements.
                                                                                                       tiers under footnote 1 that offer reduced              represent an equitable allocation of
                                               (A) Self-Regulatory Organization’s                      fees for displayed orders that add                     reasonable dues, fees, and other charges
                                               Statement of the Purpose of, and                        liquidity yielding fee codes B, V and Y,               because the Exchange’s standard fee for
                                               Statutory Basis for, the Proposed Rule                  and an enhanced rebate for orders that                 adding liquidity continues to be lower
                                               Change                                                  remove liquidity yielding fee codes BB,                than that provided by other exchanges.
                                                                                                       N and W, as described above. The                       For example, Nasdaq BX charges a
                                               1. Purpose
                                                                                                       Exchange proposes to add a new tier                    standard fee of $0.0020 per share for
                                                  As further described below, the                      under footnote 1, to be known as Tier                  orders that remove liquidity.18 The
                                               Exchange proposes to amend its fee                      9, under which a Member would receive                  Exchange further believes that the
                                               schedule to: (i) Modify its standard                    an enhanced rebate of $0.0017 per share                standard fee for fee codes B, V, and Y
                                               rebate to remove liquidity yielding fee                 on orders that yield fee codes BB, N and               remains equitably allocated and not
                                               codes BB,6 N,7 and W; 8 (ii) modify its                 W, where a Member has: (i) A Step-Up                   unreasonably discriminatory because
                                               standard fee to add liquidity yielding                  Remove TCV12 from December 2017                        such fee is provided to all Members
                                               fee codes B,9 V 10 and Y; 11 and (iii)                  equal to or greater than 0.075%; and (ii)              unless they qualify for reduced fees
                                               adopt a new tier under footnote 1, Add/                 an ADAV 13 equal to or greater than                    based on other factors.
                                               Remove Volume Tiers.                                    0.10% of the TCV.14                                       The Exchange believes that the
                                               Standard Rebates to Remove Liquidity                    Implementation Date                                    proposed Tier 9 to be added to footnote
                                                                                                                                                              1 is equitably allocated and reasonable
                                                  The Exchange currently provides a                      The Exchange proposes to implement                   because it will reward a Member’s
                                               standard rebate of $0.0008 per share for                the above changes to its fee schedule on               growth pattern on the Exchange and
                                               orders that remove liquidity from the                   January 2, 2018.                                       such increased volume will allow the
                                               Exchange in securities priced at or                                                                            Exchange to continue to provide and
                                               above $1.00. The Exchange appends fee                   2. Statutory Basis
                                                                                                                                                              potentially expand its incentive
                                               codes W, BB and N for orders removing                      The Exchange believes that the                      programs. The Exchange further
                                               liquidity in Tape A, Tape B, and Tape                   proposed rule change is consistent with                believes that the proposed tier is
                                               C securities, respectively. The Exchange                the objectives of Section 6 of the Act,15              reasonable, fair and equitable because
                                               proposes to reduce the standard rebate                  in general, and furthers the objectives of             the liquidity from the proposed change
                                               provided for orders yielding these fee                  Section 6(b)(4),16 in particular, as it is             would benefit all investors by
                                               codes to a rebate of $0.0005 per share.                 designed to provide for the equitable                  deepening the Exchange’s liquidity
                                               In connection with this change, the                     allocation of reasonable dues, fees and                pool, offering additional flexibility for
                                               Exchange proposes to modify the                         other charges among its Members and                    all investors to enjoy cost savings,
                                               Standard Rates chart contained on the                   other persons using its facilities.                    supporting the quality of price
                                               fee schedule to reflect the new standard                   The Exchange believes that proposed                 discovery, promoting market
                                               rebate of $0.0005 per share to remove                   changes to fee codes BB, N, and W                      transparency and improving investor
                                               liquidity.                                              represent an equitable allocation of                   protection. The Exchange also believes
                                                                                                       reasonable dues, fees, and other charges               the proposed rebate of $0.0017 per share
                                               Standard Fee To Add Liquidity
                                                                                                                                                              for Tier 9 is reasonable in that it is
                                                 The Exchange currently charges a                         12 ‘‘Step-Up Remove TCV’’ means remove ADV as

                                                                                                       a percentage of TCV in the relevant baseline month     equivalent to the top tier rebate to
                                               standard fee of $0.0018 per share for
                                                                                                       subtracted from current remove ADV as a                remove liquidity provided by Nasdaq
                                               orders that add liquidity to the                        percentage of TCV. See the Exchange’s fee schedule     BX.19 The proposed pricing structure is
                                                                                                       available at http://markets.cboe.com/us/equities/      also not unfairly discriminatory in that
                                                  6 Fee code BB is appended to orders that remove
                                                                                                       membership/fee_schedule/byx/.
                                               liquidity from BYX (Tape B). See the Exchange’s fee        13 ‘‘ADAV’’ means average daily volume              it is available to all Members.
                                               schedule available at http://markets.cboe.com/us/       calculated as the number of shares added per day          In addition, volume-based fees such
                                               equities/membership/fee_schedule/byx/.                  and ‘‘ADV’’ means average daily volume calculated      as that proposed herein have been
                                                  7 Fee code N is appended to orders that remove
                                                                                                       as the number of shares added or removed,              widely adopted by exchanges and are
                                               liquidity from BYX (Tape C). Id.                        combined, per day. ADAV and ADV are calculated
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                                                  8 Fee code W is appended to orders that remove       on a monthly basis. Id.
                                                                                                                                                              equitable because they are open to all
                                               liquidity from BYX (Tape A). Id.                           14 ‘‘TCV’’ means total consolidated volume          Members on an equal basis and provide
                                                  9 Fee code B is appended to displayed orders that    calculated as the volume reported by all exchanges
                                               add liquidity to BYX (Tape B). Id.                      and trade reporting facilities to a consolidated         17 See the Nasdaq BX fee schedule available at
                                                  10 Fee code V is appended to displayed orders        transaction reporting plan for the month for which     http://www.nasdaqtrader.com/Trader.aspx?id=bx_
                                               that add liquidity to BYX (Tape A). Id.                 the fees apply. Id.                                    pricing.
                                                  11 Fee code Y is appended to displayed orders           15 15 U.S.C. 78f.                                     18 Id.

                                               that add liquidity to BYX (Tape C). Id.                    16 15 U.S.C. 78f(b)(4).                               19 Id.




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                                               2246                             Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices

                                               additional benefits or discounts that are                  60 days of the filing of the proposed rule             Number SR–CboeBYX–2017–005 and
                                               reasonably related to: (i) The value to an                 change, the Commission summarily may                   should be submitted on or before
                                               exchange’s market quality; (ii)                            temporarily suspend such rule change if                February 6, 2018.
                                               associated higher levels of market                         it appears to the Commission that such                   For the Commission, by the Division of
                                               activity, such as higher levels of                         action is necessary or appropriate in the              Trading and Markets, pursuant to delegated
                                               liquidity provision and/or growth                          public interest, for the protection of                 authority.22
                                               patterns; and (iii) the introduction of                    investors, or otherwise in furtherance of              Eduardo A. Aleman,
                                               higher volumes of orders into the price                    the purposes of the Act.                               Assistant Secretary.
                                               and volume discovery processes. The
                                                                                                          IV. Solicitation of Comments                           [FR Doc. 2018–00534 Filed 1–12–18; 8:45 am]
                                               Exchange believes that the proposed tier
                                                                                                            Interested persons are invited to                    BILLING CODE 8011–01–P
                                               is a reasonable, fair and equitable, and
                                               not an unfairly discriminatory                             submit written data, views, and
                                               allocation of fees and rebates, because it                 arguments concerning the foregoing,
                                                                                                          including whether the proposed rule                    SECURITIES AND EXCHANGE
                                               will provide Members with an                                                                                      COMMISSION
                                               additional incentive to reach certain                      change is consistent with the Act.
                                               thresholds on the Exchange.                                Comments may be submitted by any of                    [SEC File No. 270–638, OMB Control No.
                                                                                                          the following methods:                                 3235–0690]
                                               (B) Self-Regulatory Organization’s
                                               Statement on Burden on Competition                         Electronic Comments                                    Proposed Collection; Comment
                                                  The Exchange does not believe that                        • Use the Commission’s internet                      Request
                                               the proposed rule change will impose                       comment form (http://www.sec.gov/                      Upon Written Request Copies Available
                                               any burden on competition not                              rules/sro.shtml); or                                    From: Securities and Exchange
                                               necessary or appropriate in furtherance                      • Send an email to rule-comments@
                                                                                                                                                                  Commission, Office of FOIA Services,
                                               of the purposes of the Act. The                            sec.gov. Please include File Number SR–
                                                                                                                                                                  100 F Street NE, Washington, DC
                                               Exchange does not believe that this                        CboeBYX–2017–005 on the subject line.
                                                                                                                                                                  20549–2736
                                               change represents a significant                            Paper Comments                                         Extension:
                                               departure from previous pricing offered                       • Send paper comments in triplicate                   Form SF–3
                                               by the Exchange or from pricing offered                    to Brent J. Fields, Secretary, Securities
                                               by the Exchange’s competitors. The                                                                                   Notice is hereby given that, pursuant
                                                                                                          and Exchange Commission, 100 F Street                  to the Paperwork Reduction Act of 1995
                                               proposed rates would apply uniformly                       NE, Washington, DC 20549–1090.
                                               to all Members, and Members may opt                                                                               (44 U.S.C. 3501 et seq.), the Securities
                                                                                                          All submissions should refer to File                   and Exchange Commission
                                               to disfavor the Exchange’s pricing if
                                                                                                          Number SR–CboeBYX–2017–005. This                       (‘‘Commission’’) is soliciting comments
                                               they believe that alternatives offer them
                                                                                                          file number should be included on the                  on the collection of information
                                               better value. Accordingly, the Exchange
                                                                                                          subject line if email is used. To help the             summarized below. The Commission
                                               does not believe that the proposed
                                                                                                          Commission process and review your                     plans to submit this existing collection
                                               changes will impair the ability of
                                                                                                          comments more efficiently, please use                  of information to the Office of
                                               Members or competing venues to
                                                                                                          only one method. The Commission will                   Management and Budget for extension
                                               maintain their competitive standing in
                                                                                                          post all comments on the Commission’s                  and approval.
                                               the financial markets. Further, excessive
                                                                                                          internet website (http://www.sec.gov/                     Form SF–3 (17 CFR 239.45) is a short
                                               fees would serve to impair an
                                                                                                          rules/sro.shtml). Copies of the                        form registration statement used for
                                               exchange’s ability to compete for order
                                                                                                          submission, all subsequent                             non-shelf issuers of asset-backed
                                               flow and members rather than
                                                                                                          amendments, all written statements                     securities to register a public offering of
                                               burdening competition. The Exchange
                                                                                                          with respect to the proposed rule                      their securities under the Securities Act
                                               believes that its proposal would not
                                                                                                          change that are filed with the                         of 1933 (15 U.S.C. 77a et seq.). Form
                                               burden intramarket competition because
                                                                                                          Commission, and all written                            SF–3 takes approximately 1,380 hours
                                               the proposed rate would apply
                                                                                                          communications relating to the                         per response and is filed by
                                               uniformly to all Members.
                                                                                                          proposed rule change between the                       approximately 71 issuers annually. The
                                               (C) Self-Regulatory Organization’s                         Commission and any person, other than                  information collected is intended to
                                               Statement on Comments on the                               those that may be withheld from the                    ensure that the information required to
                                               Proposed Rule Change Received From                         public in accordance with the                          be filed by the Commission permits
                                               Members, Participants or Others                            provisions of 5 U.S.C. 552, will be                    verification of compliance with
                                                 The Exchange has not solicited, and                      available for website viewing and                      securities law requirements and assures
                                               does not intend to solicit, comments on                    printing in the Commission’s Public                    the public availability of such
                                               this proposed rule change. The                             Reference Room, 100 F Street NE,                       information in the asset-backed
                                               Exchange has not received any                              Washington, DC 20549, on official                      securities market. We estimate that 25%
                                               unsolicited written comments from                          business days between the hours of                     of the 1,380 hours per response (345
                                               Members or other interested parties.                       10:00 a.m. and 3:00 p.m. Copies of the                 hours) is prepared by the issuer for a
                                                                                                          filing also will be available for                      total annual reporting burden of 24,495
                                               III. Date of Effectiveness of the                          inspection and copying at the principal                hours (345 hours per response × 71
                                               Proposed Rule Change and Timing for                        office of the Exchange. All comments                   responses).
                                               Commission Action                                          received will be posted without change.                   Written comments are invited on: (a)
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                                                  The foregoing rule change has become                    Persons submitting comments are                        Whether this proposed collection of
                                               effective pursuant to Section 19(b)(3)(A)                  cautioned that we do not redact or edit                information is necessary for the proper
                                               of the Act 20 and paragraph (f) of Rule                    personal identifying information from                  performance of the functions of the
                                               19b–4 thereunder.21 At any time within                     comment submissions. You should                        agency, including whether the
                                                                                                          submit only information that you wish                  information will have practical utility;
                                                 20 15   U.S.C. 78s(b)(3)(A).                             to make available publicly. All
                                                 21 17   CFR 240.19b–4(f).                                submissions should refer to File                         22 17   CFR 200.30–3(a)(12).



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Document Created: 2018-01-13 02:02:30
Document Modified: 2018-01-13 02:02:30
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 2244 

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