83_FR_22823 83 FR 22728 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on Cboe BZX Exchange, Inc.

83 FR 22728 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on Cboe BZX Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 95 (May 16, 2018)

Page Range22728-22730
FR Document2018-10380

Federal Register, Volume 83 Issue 95 (Wednesday, May 16, 2018)
[Federal Register Volume 83, Number 95 (Wednesday, May 16, 2018)]
[Notices]
[Pages 22728-22730]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10380]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83210; File No. SR-CboeBZX-2018-030]


Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Related to 
Fees for Use on Cboe BZX Exchange, Inc.

May 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 May 1, 2018, Cboe BZX Exchange, Inc. (the ``Exchange'' or 
``BZX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated the proposed rule change as one establishing or 
changing a member due, fee, or other charge imposed by the Exchange 
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders the proposed rule change effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable 
to Members \5\ and non-Members of the Exchange pursuant to BZX Rules 
15.1(a) and (c).
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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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[[Page 22729]]

    The text of the proposed rule change is available at the Exchange's 
website at www.markets.cboe.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
Sections A, B, and C below, of the most significant parts of such 
statements.

(A) Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its fee schedule applicable to its 
equities trading platform (``BZX Equities'') to: (i) Eliminate fee code 
HA and replace it with new fee codes HV, HB and HY, (ii) add a Non-
Displayed Add Volume Tier; and (iii) modify the rate associated with 
fee code D, effective May 1, 2018.
Fee Codes HA, HV, HB, HY
    Currently, fee code HA is appended to all non-displayed orders that 
add liquidity and receive a rebate of $0.00150 per share. The Exchange 
proposes to eliminate fee code HA and replace it with fee codes HV, HB 
and HY. Particularly, the Exchange proposes to separate out fee code HA 
into three separate fee codes, each representing a different Tape for 
non-displayed orders that add liquidity. The Exchange proposes to adopt 
fee code HV for Tape A non-displayed orders that add liquidity; fee 
code HB for Tape B non-displayed orders that add liquidity; and fee 
code HY for Tape C non-displayed orders that add liquidity. The 
Exchange notes it currently maintains separate fee codes based on Tapes 
for other types of orders as well.\6\ In connection with this change, 
the Exchange proposes to eliminate references to fee code HA throughout 
the Fee Schedule and replace it with references to HV, HB, HY.
---------------------------------------------------------------------------

    \6\ See e.g., Cboe BZX U.S. Equities Exchange Fee Schedule, Fee 
Codes W and BB, and N which fee codes represent orders removing 
liquidity from BZX for Tapes A, B and C respectively.
---------------------------------------------------------------------------

New Volume Tier
    The Exchange currently provides a standard rebate of $0.00150 per 
share for non-displayed orders that add liquidity. The Exchange 
proposes to adopt a new Non-Displayed Add Volume Tape A Volume Tier, 
Tier 1 under Footnote 1 (``HV Volume Tier'') which would be available 
for qualifying orders which yield fee code HV. Particularly, under the 
proposed HV Volume Tier, a Member may receive an enhanced rebate of 
$0.00260 per share where they add an ADV \7\ greater than or equal to 
0.20% of the TCV \8\ as Non-Displayed orders that yield fee codes HI or 
HV.\9\ The Exchange believes the proposed change will encourage Members 
to increase their liquidity on the exchange. The Exchange also notes 
that other Exchanges maintain other volume tiers specific to a 
particular Tape.\10\
---------------------------------------------------------------------------

    \7\ ``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.
    \8\ ``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.
    \9\ Fee code HI is appended to non-displayed orders that receive 
price improvement and add liquidity. Id.
    \10\ See e.g., Cboe EDGX U.S. Equities Exchange Fee Schedule, 
Tape B Volume Tiers.
---------------------------------------------------------------------------

Fee Code D
    The Exchange lastly proposes to increase the fee for orders 
yielding fee code D, which results from an order routed to the New York 
Stock Exchange (``NYSE'') using Destination Specific, RDOT, RDOX, TRIM 
or SLIM routing strategy. Particularly, NYSE recently implemented 
certain pricing changes related to Tapes B and C securities, including 
adopting a per tape fee of $0.00280 per share to remove liquidity from 
the Exchange for member organizations with an Adding ADV of at least 
50,000 shares for that respective Tape.\11\ Based on the changes in 
pricing at NYSE, the Exchange is proposing to increase its fee for 
orders executed at NYSE that yield fee code D from $0.00265 to 
$0.00280.
---------------------------------------------------------------------------

    \11\ See NYSE Trader Update, NYSE--Fees for Trading Tapes B and 
C securities, dated April 2, 2018, available at https://www.nyse.com/publicdocs/nyse/markets/nyse/NYSE_Fee_Change_BandC_April2018.pdf.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent 
with the objectives of Section 6 of the Act,\12\ in general, and 
furthers the objectives of Section 6(b)(4),\13\ in particular, as it is 
designed to provide for the equitable allocation of reasonable dues, 
fees and other charges among its Members and other persons using its 
facilities. The Exchange also notes that it operates in a highly-
competitive market in which market participants can readily direct 
order flow to competing venues if they deem fee levels at a particular 
venue to be excessive or incentives to be insufficient. The proposed 
rule changes reflect a competitive pricing structure designed to 
incentivize market participants to direct their order flow to the 
Exchange.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes the proposal to eliminate fee code HA and 
replace it with fees codes HV, HB and HY is reasonable, equitable and 
not unfairly discriminatory because the standard rebate for current fee 
code HA and proposed fee codes HV, HB and HY, is not changing and 
because it applies uniformly to all Members. Additionally, as noted 
above, the Exchange already maintains separate fee codes based on Tapes 
for other types of orders.\14\
---------------------------------------------------------------------------

    \14\ See e.g., Cboe BZX U.S. Equities Exchange Fee Schedule, Fee 
Codes W and BB, and N which fee codes represent orders removing 
liquidity from BZX for Tapes A, B and C respectively.
---------------------------------------------------------------------------

    The Exchange believes the adoption of the HV Volume Tier under 
footnote 1 is reasonable because it provides Members an opportunity to 
receive an enhanced rebate for Non-Displayed orders that add liquidity 
and is a reasonable means to encourage Members to increase their 
liquidity on the Exchange. The Exchange further believes that the 
proposed tier represents an equitable allocation of reasonable dues, 
fees, and other charges because the thresholds necessary to achieve the 
tier encourages Members to add additional liquidity to the Exchange. 
The Exchange also notes that the Exchange already utilities similar 
volume tiers with similar criteria \15\ and also notes that other 
exchanges maintain Tape-specific volume tiers.\16\ The Exchange further 
believes the proposed fee change is equitable and non-discriminatory 
because it applies uniformly to all Members.
---------------------------------------------------------------------------

    \15\ See Cboe BZX U.S. Equities Exchange Fee Schedule, Add 
Volume Tiers applicable to current fee code HA.
    \16\ See e.g., Cboe EDGX U.S. Equities Exchange Fee Schedule, 
Tape B Volume Tiers.
---------------------------------------------------------------------------

    The Exchange believes the proposed fee is reasonable because it 
reflects a pass-through of the pricing increase by NYSE noted above. 
The Exchange further believes the proposed fee change is non-
discriminatory because it applies uniformly to all Members.

[[Page 22730]]

(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 any of the proposed change to the Exchange's tiered pricing 
structure burden competition, but instead, that they enhance 
competition as they are intended to increase the competitiveness of BZX 
by modifying pricing incentives in order to attract order flow and 
incentivize participants to increase their participation on the 
Exchange and to reflect a pass through of a pricing increase by NYSE. 
The Exchange notes that it operates in a highly competitive market in 
which market participants can readily direct order flow to competing 
venues if they deem fee structures to be unreasonable or excessive. The 
proposed changes are generally intended to enhance the rebates for 
liquidity added to the Exchange, which is intended to draw additional 
liquidity to the Exchange. The Exchange does not believe the proposed 
amendments would burden intramarket competition as they would be 
available to all Members uniformly.

(C) Self-Regulatory Organization's Statement on Comments on the 
Proposed Rule Change Received From Members, Participants or Others

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any unsolicited written comments from Members or other interested 
parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \17\ and paragraph (f) of Rule 19b-4 
thereunder.\18\ 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.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposal is 
consistent with the Act. Comments may be submitted by any of the 
following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File No. SR-CboeBZX-2018-030 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-CboeBZX-2018-030. 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 such filing will also be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File No. SR-CboeBZX-2018-030 and should be submitted on 
or before June 6, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10380 Filed 5-15-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                22728                        Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices

                                                intended alignment with other existing                  Section 19(b)(3)(A) of the Act 15 and                    cautioned that we do not redact or edit
                                                MSRB officer titles.                                    paragraph (f) of Rule 19b–4                              personal identifying information from
                                                                                                        thereunder.16 At any time within 60                      submissions. You should submit only
                                                2. Statutory Basis
                                                                                                        days of the filing of the proposed rule                  information that you wish to make
                                                   The MSRB believes that the proposed                  change, the Commission summarily may                     available publicly. All submissions
                                                rule change is consistent with the                      temporarily suspend such rule change if                  should refer to File Number SR–MSRB–
                                                requirements of Section 15B(b)(2)(B)                    it appears to the Commission that such                   2018–03 and should be submitted on or
                                                and (I) of the Act.13 Section 15B(b)(2)(B)              action is necessary or appropriate in the                before June 6, 2018.
                                                provides that the MSRB’s rules shall                    public interest, for the protection of                     For the Commission, pursuant to delegated
                                                ‘‘establish fair procedures for the                     investors, or otherwise in furtherance of                authority.17
                                                nomination and election of members of                   the purposes of the Act.                                 Eduardo A. Aleman,
                                                the Board and assure fair representation
                                                                                                        IV. Solicitation of Comments                             Assistant Secretary.
                                                in such nominations and elections of
                                                                                                          Interested persons are invited to                      [FR Doc. 2018–10378 Filed 5–15–18; 8:45 am]
                                                public representatives, broker dealer
                                                representatives, bank representatives,                  submit written data, views, and                          BILLING CODE 8011–01–P

                                                and advisor representatives.’’ While the                arguments concerning the foregoing,
                                                proposed rule change would not alter                    including whether the proposed rule
                                                                                                        change is consistent with the Act.                       SECURITIES AND EXCHANGE
                                                the MSRB’s Board nomination or
                                                                                                        Comments may be submitted by any of                      COMMISSION
                                                election process, it would help to
                                                continue to ensure that the MSRB’s                      the following methods:                                   [Release No. 34–83210; File No. SR–
                                                rules reflect that process.                             Electronic Comments                                      CboeBZX–2018–030]
                                                   Section 15B(2)(I) provides that the
                                                MSRB’s rules shall provide for the                        • Use the Commission’s internet                        Self-Regulatory Organizations; Cboe
                                                operation and administration of the                     comment form (http://www.sec.gov/                        BZX Exchange, Inc.; Notice of Filing
                                                MSRB. The proposed rule change                          rules/sro.shtml); or                                     and Immediate Effectiveness of a
                                                                                                          • Send an email to rule-comments@                      Proposed Rule Change Related to Fees
                                                amends provisions of the A-Rules that
                                                                                                        sec.gov. Please include File Number SR–                  for Use on Cboe BZX Exchange, Inc.
                                                relate to the operation and
                                                                                                        MSRB–2018–03 on the subject line.
                                                administration of the MSRB. The MSRB                                                                             May 10, 2018.
                                                also believes that the proposed rule                    Paper Comments
                                                                                                                                                                    Pursuant to Section 19(b)(1) of the
                                                change will further enhance the Board’s                    • Send paper comments in triplicate                   Securities Exchange Act of 1934 (the
                                                governance procedures by improving                      to Secretary, Securities and Exchange                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                descriptions of the MSRB’s practices                    Commission, 100 F Street NE,                             notice is hereby given that on May 1,
                                                and improving internal consistency.                     Washington, DC 20549.                                    2018, Cboe BZX Exchange, Inc. (the
                                                B. Self-Regulatory Organization’s                       All submissions should refer to File                     ‘‘Exchange’’ or ‘‘BZX’’) filed with the
                                                Statement on Burden on Competition                      Number SR–MSRB–2018–03. This file                        Securities and Exchange Commission
                                                                                                        number should be included on the                         (‘‘Commission’’) the proposed rule
                                                  Section 15B(b)(2)(C) of the Act 14
                                                                                                        subject line if email is used. To help the               change as described in Items I, II and III
                                                requires that MSRB rules not be
                                                                                                        Commission process and review your                       below, which Items have been prepared
                                                designed to impose any burden on
                                                                                                        comments more efficiently, please use                    by the Exchange. The Exchange has
                                                competition not necessary or
                                                                                                        only one method. The Commission will                     designated the proposed rule change as
                                                appropriate in furtherance of the
                                                                                                        post all comments on the Commission’s                    one establishing or changing a member
                                                purposes of the Act. The MSRB believes
                                                                                                        internet website (http://www.sec.gov/                    due, fee, or other charge imposed by the
                                                that the proposed rule change does not
                                                                                                        rules/sro.shtml). Copies of the                          Exchange under Section 19(b)(3)(A)(ii)
                                                impose any burden on competition not
                                                                                                        submission, all subsequent                               of the Act 3 and Rule 19b–4(f)(2)
                                                necessary or appropriate in furtherance
                                                                                                        amendments, all written statements                       thereunder,4 which renders the
                                                of the purposes of the Act, in that the
                                                                                                        with respect to the proposed rule                        proposed rule change effective upon
                                                proposed rule change simply amends
                                                                                                        change that are filed with the                           filing with the Commission. The
                                                language in the A-Rules to continue to
                                                                                                        Commission, and all written                              Commission is publishing this notice to
                                                help ensure they reflect the MSRB’s
                                                                                                        communications relating to the                           solicit comments on the proposed rule
                                                practices and improve consistency
                                                                                                        proposed rule change between the                         change from interested persons.
                                                among MSRB rules.
                                                                                                        Commission and any person, other than
                                                C. Self-Regulatory Organization’s                       those that may be withheld from the                      I. Self-Regulatory Organization’s
                                                Statement on Comments on the                            public in accordance with the                            Statement of the Terms of Substance of
                                                Proposed Rule Change Received From                      provisions of 5 U.S.C. 552, will be                      the Proposed Rule Change
                                                Members, Participants, or Others                        available for website viewing and                          The Exchange filed a proposal to
                                                  Written comments were neither                         printing in the Commission’s Public                      amend the fee schedule applicable to
                                                solicited nor received on the proposed                  Reference Room, 100 F Street NE,                         Members 5 and non-Members of the
                                                rule change.                                            Washington, DC 20549 on official                         Exchange pursuant to BZX Rules 15.1(a)
                                                                                                        business days between the hours of                       and (c).
                                                III. Date of Effectiveness of the                       10:00 a.m. and 3:00 p.m. Copies of the
                                                Proposed Rule Change and Timing for
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        filing also will be available for                          17 17 CFR 200.30–3(a)(12).
                                                Commission Action                                       inspection and copying at the principal                    1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                   2 17 CFR 240.19b–4.
                                                  The foregoing proposed rule change                    office of the MSRB. All comments
                                                                                                                                                                   3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                has become effective pursuant to                        received will be posted without change.                    4 17 CFR 240.19b–4(f)(2).
                                                                                                        Persons submitting comments are                            5 The term ‘‘Member’’ is defined as ‘‘any
                                                  13 15 U.S.C. 78o–4(b)(2)(B) and 15 U.S.C. 78o–
                                                                                                                                                                 registered broker or dealer that has been admitted
                                                4(b)(2)(I).                                              15 15   U.S.C. 78s(b)(3)(A).                            to membership in the Exchange.’’ See Exchange
                                                  14 15 U.S.C. 78o–4(b)(2)(C).                           16 17   CFR 240.19b–4(f).                               Rule 1.5(n).



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                                                                             Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices                                                   22729

                                                   The text of the proposed rule change                 New Volume Tier                                       objectives of Section 6(b)(4),13 in
                                                is available at the Exchange’s website at                                                                     particular, as it is designed to provide
                                                                                                           The Exchange currently provides a
                                                www.markets.cboe.com, at the principal                                                                        for the equitable allocation of reasonable
                                                                                                        standard rebate of $0.00150 per share
                                                office of the Exchange, and at the                                                                            dues, fees and other charges among its
                                                                                                        for non-displayed orders that add
                                                Commission’s Public Reference Room.                                                                           Members and other persons using its
                                                                                                        liquidity. The Exchange proposes to
                                                                                                                                                              facilities. The Exchange also notes that
                                                II. Self-Regulatory Organization’s                      adopt a new Non-Displayed Add
                                                                                                                                                              it operates in a highly-competitive
                                                Statement of the Purpose of, and                        Volume Tape A Volume Tier, Tier 1
                                                                                                                                                              market in which market participants can
                                                Statutory Basis for, the Proposed Rule                  under Footnote 1 (‘‘HV Volume Tier’’)
                                                                                                                                                              readily direct order flow to competing
                                                Change                                                  which would be available for qualifying
                                                                                                                                                              venues if they deem fee levels at a
                                                                                                        orders which yield fee code HV.
                                                  In its filing with the Commission, the                                                                      particular venue to be excessive or
                                                                                                        Particularly, under the proposed HV
                                                Exchange included statements                                                                                  incentives to be insufficient. The
                                                                                                        Volume Tier, a Member may receive an
                                                concerning the purpose of and basis for                                                                       proposed rule changes reflect a
                                                                                                        enhanced rebate of $0.00260 per share
                                                the proposed rule change and discussed                                                                        competitive pricing structure designed
                                                                                                        where they add an ADV 7 greater than or
                                                any comments it received on the                                                                               to incentivize market participants to
                                                                                                        equal to 0.20% of the TCV 8 as Non-
                                                proposed rule change. The text of these                                                                       direct their order flow to the Exchange.
                                                                                                        Displayed orders that yield fee codes HI                 The Exchange believes the proposal to
                                                statements may be examined at the                       or HV.9 The Exchange believes the
                                                places specified in Item IV below. The                                                                        eliminate fee code HA and replace it
                                                                                                        proposed change will encourage                        with fees codes HV, HB and HY is
                                                Exchange has prepared summaries, set                    Members to increase their liquidity on
                                                forth in Sections A, B, and C below, of                                                                       reasonable, equitable and not unfairly
                                                                                                        the exchange. The Exchange also notes                 discriminatory because the standard
                                                the most significant parts of such                      that other Exchanges maintain other
                                                statements.                                                                                                   rebate for current fee code HA and
                                                                                                        volume tiers specific to a particular                 proposed fee codes HV, HB and HY, is
                                                (A) Self-Regulatory Organization’s                      Tape.10                                               not changing and because it applies
                                                Statement of the Purpose of, and                        Fee Code D                                            uniformly to all Members. Additionally,
                                                Statutory Basis for, the Proposed Rule                                                                        as noted above, the Exchange already
                                                Change                                                     The Exchange lastly proposes to
                                                                                                                                                              maintains separate fee codes based on
                                                                                                        increase the fee for orders yielding fee
                                                1. Purpose                                                                                                    Tapes for other types of orders.14
                                                                                                        code D, which results from an order                      The Exchange believes the adoption
                                                   The Exchange proposes to amend its                   routed to the New York Stock Exchange                 of the HV Volume Tier under footnote
                                                fee schedule applicable to its equities                 (‘‘NYSE’’) using Destination Specific,                1 is reasonable because it provides
                                                trading platform (‘‘BZX Equities’’) to: (i)             RDOT, RDOX, TRIM or SLIM routing                      Members an opportunity to receive an
                                                Eliminate fee code HA and replace it                    strategy. Particularly, NYSE recently                 enhanced rebate for Non-Displayed
                                                with new fee codes HV, HB and HY, (ii)                  implemented certain pricing changes                   orders that add liquidity and is a
                                                add a Non-Displayed Add Volume Tier;                    related to Tapes B and C securities,                  reasonable means to encourage
                                                and (iii) modify the rate associated with               including adopting a per tape fee of                  Members to increase their liquidity on
                                                fee code D, effective May 1, 2018.                      $0.00280 per share to remove liquidity                the Exchange. The Exchange further
                                                                                                        from the Exchange for member                          believes that the proposed tier
                                                Fee Codes HA, HV, HB, HY                                organizations with an Adding ADV of at                represents an equitable allocation of
                                                   Currently, fee code HA is appended to                least 50,000 shares for that respective               reasonable dues, fees, and other charges
                                                all non-displayed orders that add                       Tape.11 Based on the changes in pricing               because the thresholds necessary to
                                                liquidity and receive a rebate of                       at NYSE, the Exchange is proposing to                 achieve the tier encourages Members to
                                                $0.00150 per share. The Exchange                        increase its fee for orders executed at               add additional liquidity to the
                                                proposes to eliminate fee code HA and                   NYSE that yield fee code D from                       Exchange. The Exchange also notes that
                                                replace it with fee codes HV, HB and                    $0.00265 to $0.00280.                                 the Exchange already utilities similar
                                                HY. Particularly, the Exchange proposes                 2. Statutory Basis                                    volume tiers with similar criteria 15 and
                                                to separate out fee code HA into three                                                                        also notes that other exchanges maintain
                                                separate fee codes, each representing a                   The Exchange believes that the                      Tape-specific volume tiers.16 The
                                                different Tape for non-displayed orders                 proposed rule changes are consistent                  Exchange further believes the proposed
                                                that add liquidity. The Exchange                        with the objectives of Section 6 of the               fee change is equitable and non-
                                                proposes to adopt fee code HV for Tape                  Act,12 in general, and furthers the                   discriminatory because it applies
                                                A non-displayed orders that add                                                                               uniformly to all Members.
                                                                                                           7 ‘‘ADV’’ means average daily volume calculated
                                                liquidity; fee code HB for Tape B non-                                                                           The Exchange believes the proposed
                                                                                                        as the number of shares added or removed,
                                                displayed orders that add liquidity; and                combined, per day. ADAV and ADV are calculated        fee is reasonable because it reflects a
                                                fee code HY for Tape C non-displayed                    on a monthly basis. Id.                               pass-through of the pricing increase by
                                                orders that add liquidity. The Exchange                    8 ‘‘TCV’’ means total consolidated volume          NYSE noted above. The Exchange
                                                notes it currently maintains separate fee               calculated as the volume reported by all exchanges    further believes the proposed fee change
                                                codes based on Tapes for other types of                 and trade reporting facilities to a consolidated
                                                                                                        transaction reporting plan for the month for which
                                                                                                                                                              is non-discriminatory because it applies
                                                orders as well.6 In connection with this                the fees apply. Id.                                   uniformly to all Members.
                                                change, the Exchange proposes to                           9 Fee code HI is appended to non-displayed

                                                eliminate references to fee code HA                     orders that receive price improvement and add           13 15 U.S.C. 78f(b)(4).
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                                                throughout the Fee Schedule and                         liquidity. Id.                                          14 See e.g., Cboe BZX U.S. Equities Exchange Fee
                                                                                                           10 See e.g., Cboe EDGX U.S. Equities Exchange      Schedule, Fee Codes W and BB, and N which fee
                                                replace it with references to HV, HB,
                                                                                                        Fee Schedule, Tape B Volume Tiers.                    codes represent orders removing liquidity from BZX
                                                HY.                                                        11 See NYSE Trader Update, NYSE—Fees for           for Tapes A, B and C respectively.
                                                                                                        Trading Tapes B and C securities, dated April 2,        15 See Cboe BZX U.S. Equities Exchange Fee
                                                  6 See e.g., Cboe BZX U.S. Equities Exchange Fee       2018, available at https://www.nyse.com/              Schedule, Add Volume Tiers applicable to current
                                                Schedule, Fee Codes W and BB, and N which fee           publicdocs/nyse/markets/nyse/NYSE_Fee_Change_         fee code HA.
                                                codes represent orders removing liquidity from BZX      BandC_April2018.pdf.                                    16 See e.g., Cboe EDGX U.S. Equities Exchange

                                                for Tapes A, B and C respectively.                         12 15 U.S.C. 78f.                                  Fee Schedule, Tape B Volume Tiers.



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                                                22730                          Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices

                                                (B) Self-Regulatory Organization’s                      consistent with the Act. Comments may                  SECURITIES AND EXCHANGE
                                                Statement on Burden on Competition                      be submitted by any of the following                   COMMISSION
                                                   The Exchange does not believe that                   methods:
                                                                                                                                                               [Release No. 34–83211; File No. SR–
                                                the proposed rule change will impose                    Electronic Comments                                    CboeBYX–2018–004]
                                                any burden on competition not
                                                necessary or appropriate in furtherance                   • Use the Commission’s internet                      Self-Regulatory Organizations; Cboe
                                                of the purposes of the Act. The                         comment form (http://www.sec.gov/                      BYX Exchange, Inc.; Notice of Filing
                                                Exchange does not believe that any of                   rules/sro.shtml); or                                   and Immediate Effectiveness of a
                                                the proposed change to the Exchange’s                     • Send an email to rule-comments@                    Proposed Rule Change Related to Fees
                                                tiered pricing structure burden                         sec.gov. Please include File No. SR–                   for Use on Cboe BYX Exchange, Inc.
                                                competition, but instead, that they                     CboeBZX–2018–030 on the subject line.                  May 10, 2018.
                                                enhance competition as they are
                                                                                                        Paper Comments                                            Pursuant to Section 19(b)(1) of the
                                                intended to increase the
                                                                                                                                                               Securities Exchange Act of 1934 (the
                                                competitiveness of BZX by modifying
                                                pricing incentives in order to attract                    • Send paper comments in triplicate                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                        to Secretary, Securities and Exchange                  notice is hereby given that on May 1,
                                                order flow and incentivize participants
                                                to increase their participation on the                  Commission, 100 F Street NE,                           2018, Cboe BYX Exchange, Inc. (the
                                                Exchange and to reflect a pass through                  Washington, DC 20549–1090.                             ‘‘Exchange’’ or ‘‘BYX’’) filed with the
                                                of a pricing increase by NYSE. The                                                                             Securities and Exchange Commission
                                                                                                        All submissions should refer to File No.               (‘‘Commission’’) the proposed rule
                                                Exchange notes that it operates in a                    SR–CboeBZX–2018–030. This file
                                                highly competitive market in which                                                                             change as described in Items I, II and III
                                                                                                        number should be included on the                       below, which Items have been prepared
                                                market participants can readily direct                  subject line if email is used. To help the
                                                order flow to competing venues if they                                                                         by the Exchange. The Exchange has
                                                                                                        Commission process and review your                     designated the proposed rule change as
                                                deem fee structures to be unreasonable                  comments more efficiently, please use
                                                or excessive. The proposed changes are                                                                         one establishing or changing a member
                                                                                                        only one method. The Commission will                   due, fee, or other charge imposed by the
                                                generally intended to enhance the                       post all comments on the Commission’s
                                                rebates for liquidity added to the                                                                             Exchange under Section 19(b)(3)(A)(ii)
                                                                                                        internet website (http://www.sec.gov/                  of the Act 3 and Rule 19b–4(f)(2)
                                                Exchange, which is intended to draw                     rules/sro.shtml). Copies of the
                                                additional liquidity to the Exchange.                                                                          thereunder,4 which renders the
                                                                                                        submission, all subsequent                             proposed rule change effective upon
                                                The Exchange does not believe the                       amendments, all written statements
                                                proposed amendments would burden                                                                               filing with the Commission. The
                                                                                                        with respect to the proposed rule                      Commission is publishing this notice to
                                                intramarket competition as they would                   change that are filed with the
                                                be available to all Members uniformly.                                                                         solicit comments on the proposed rule
                                                                                                        Commission, and all written                            change from interested persons.
                                                (C) Self-Regulatory Organization’s                      communications relating to the
                                                Statement on Comments on the                            proposed rule change between the                       I. Self-Regulatory Organization’s
                                                Proposed Rule Change Received From                      Commission and any person, other than                  Statement of the Terms of Substance of
                                                Members, Participants or Others                         those that may be withheld from the                    the Proposed Rule Change
                                                  The Exchange has not solicited, and                   public in accordance with the                             The Exchange filed a proposal to
                                                does not intend to solicit, comments on                 provisions of 5 U.S.C. 552, will be                    amend the fee schedule applicable to
                                                this proposed rule change. The                          available for website viewing and                      Members 5 and non-Members of the
                                                Exchange has not received any                           printing in the Commission’s Public                    Exchange pursuant to BYX Rules 15.1(a)
                                                unsolicited written comments from                       Reference Room, 100 F Street NE,                       and (c).
                                                Members or other interested parties.                    Washington, DC 20549, on official                         The text of the proposed rule change
                                                                                                        business days between the hours of                     is available at the Exchange’s website at
                                                III. Date of Effectiveness of the                       10:00 a.m. and 3:00 p.m. Copies of such                www.markets.cboe.com, at the principal
                                                Proposed Rule Change and Timing for                     filing will also be available for                      office of the Exchange, and at the
                                                Commission Action                                       inspection and copying at the principal                Commission’s Public Reference Room.
                                                   The foregoing rule change has become                 office of the Exchange. All comments
                                                                                                        received will be posted without change.                II. Self-Regulatory Organization’s
                                                effective pursuant to Section 19(b)(3)(A)                                                                      Statement of the Purpose of, and
                                                of the Act 17 and paragraph (f) of Rule                 Persons submitting comments are
                                                                                                        cautioned that we do not redact or edit                Statutory Basis for, the Proposed Rule
                                                19b–4 thereunder.18 At any time within                                                                         Change
                                                60 days of the filing of the proposed rule              personal identifying information from
                                                change, the Commission summarily may                    comment submissions. You should                           In its filing with the Commission, the
                                                temporarily suspend such rule change if                 submit only information that you wish                  Exchange included statements
                                                it appears to the Commission that such                  to make available publicly. All                        concerning the purpose of and basis for
                                                action is necessary or appropriate in the               submissions should refer to File No.                   the proposed rule change and discussed
                                                public interest, for the protection of                  SR–CboeBZX–2018–030 and should be                      any comments it received on the
                                                investors, or otherwise in furtherance of               submitted on or before June 6, 2018.                   proposed rule change. The text of these
                                                the purposes of the Act.                                                                                       statements may be examined at the
                                                                                                          For the Commission, by the Division of
                                                                                                        Trading and Markets, pursuant to delegated             places specified in Item IV below. The
                                                IV. Solicitation of Comments
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                                                                                                        authority.19
                                                                                                                                                                 1 15 U.S.C. 78s(b)(1).
                                                  Interested persons are invited to                     Eduardo A. Aleman,                                       2 17 CFR 240.19b–4.
                                                submit written data, views and
                                                                                                        Assistant Secretary.                                     3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                arguments concerning the foregoing,                                                                              4 17 CFR 240.19b–4(f)(2).
                                                                                                        [FR Doc. 2018–10380 Filed 5–15–18; 8:45 am]
                                                including whether the proposal is                                                                                5 The term ‘‘Member’’ is defined as ‘‘any
                                                                                                        BILLING CODE 8011–01–P
                                                                                                                                                               registered broker or dealer that has been admitted
                                                  17 15 U.S.C. 78s(b)(3)(A).                                                                                   to membership in the Exchange.’’ See Exchange
                                                  18 17 CFR 240.19b–4(f).                                 19 17   CFR 200.30–3(a)(12).                         Rule 1.5(n).



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Document Created: 2018-11-02 09:13:13
Document Modified: 2018-11-02 09:13:13
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 22728 

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