83_FR_23409 83 FR 23312 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7018(a) To Establish a New Fee for Orders With Midpoint Pegging That Execute at a Price Better Than the Midpoint of the NBBO

83 FR 23312 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7018(a) To Establish a New Fee for Orders With Midpoint Pegging That Execute at a Price Better Than the Midpoint of the NBBO

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 97 (May 18, 2018)

Page Range23312-23313
FR Document2018-10600

Federal Register, Volume 83 Issue 97 (Friday, May 18, 2018)
[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Notices]
[Pages 23312-23313]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10600]



[[Page 23312]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83224; File No. SR-BX-2018-018]


Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend Rule 
7018(a) To Establish a New Fee for Orders With Midpoint Pegging That 
Execute at a Price Better Than the Midpoint of the NBBO

May 14, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\, and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on April 30, 2018, Nasdaq BX, Inc. (``BX'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``SEC'' or ``Commission'') 
the proposed rule change as described in Items I, II, and III, below, 
which Items have been prepared by the Exchange. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to establish a new fee for orders with 
Midpoint pegging that receive an execution price that is better than 
the midpoint of the National Best Bid and Offer (``NBBO''), as 
described further below.
    While these amendments are effective upon filing, the Exchange has 
designated the proposed amendments to be operative on May 1, 2018.
    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaqbx.cchwallstreet.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 aspects of such 
statements.

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

1. Purpose
    The purpose of the proposed rule change is to amend the Exchange's 
transaction fees at Rule 7018 to establish a new fee of $0.0017 per 
share executed for a buy (sell) order with Midpoint pegging that 
receives an execution price that is lower (higher) than the midpoint of 
the NBBO.
    The Exchange operates on the ``taker-maker'' model, whereby it pays 
credits to members that take liquidity and charges fees to members that 
provide liquidity. Among the fees that the Exchange charges to members 
that submit liquidity-providing orders to the Exchange, the Exchange 
charges a baseline fee of $0.0030 per share executed for each non-
displayed order that adds liquidity. However, for certain types of non-
displayed orders that add liquidity, the Exchange charges lower fees 
relative to the baseline fee as a means of incentivizing additional 
liquidity. For example, the Exchange charges $0.0015 per share executed 
for orders with Midpoint pegging \3\ or $0.0005 if the order with 
Midpoint pegging is entered by a member that adds 0.02% of total 
Consolidated Volume of non-displayed liquidity.
---------------------------------------------------------------------------

    \3\ Pursuant to Rule 4703(d), an order with a ``Midpoint 
pegging'' attribute is a non-displayed order whose price is 
determined with reference to midpoint between the Inside Bid and 
Inside Offer (the ``Midpoint'').
---------------------------------------------------------------------------

    The new fee that the Exchange proposes to charge for a Midpoint 
pegging order that executes at a price which is less aggressive than 
the midpoint of the NBBO will be higher than the $0.0005 or $0.0015 
fees that the Exchange charges for Midpoint pegging orders, generally. 
This is reasonable because Midpoint pegging orders that execute at 
prices less aggressive than the Midpoint of the NBBO provide less price 
improvement to other participants and execute at better prices (from 
the perspective of the firm having entered the order with Midpoint 
pegging) than Midpoint pegging orders that execute at the midpoint. 
However, the Exchange notes that the proposed fee will still be lower 
than the baseline $0.0030 fee that the Exchange charges for non-display 
orders as a means of incenting orders that provide price improvement 
relative to the Midpoint.
    The Exchange also proposes to add language to existing provisions 
of the fee schedule that also apply to orders with Midpoint pegging to 
clarify that these other provisions and their associated fees do not 
apply to orders with Midpoint pegging that receive price improvement 
relative to the midpoint of the NBBO.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\4\ in general, and furthers the objectives of Sections 
6(b)(4) and 6(b)(5) of the Act,\5\ in particular, in that it provides 
for the equitable allocation of reasonable dues, fees and other charges 
among members and issuers and other persons using any facility, and is 
not designed to permit unfair discrimination between customers, 
issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Commission and the courts have repeatedly expressed their 
preference for competition over regulatory intervention in determining 
prices, products, and services in the securities markets. In Regulation 
NMS, while adopting a series of steps to improve the current market 
model, the Commission highlighted the importance of market forces in 
determining prices and SRO revenues and, also, recognized that current 
regulation of the market system ``has been remarkably successful in 
promoting market competition in its broader forms that are most 
important to investors and listed companies.'' \6\
---------------------------------------------------------------------------

    \6\ Securities Exchange Act Release No. 51808 (June 9, 2005), 70 
FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting 
Release'').
---------------------------------------------------------------------------

    Likewise, in NetCoalition v. Securities and Exchange Commission \7\ 
(``NetCoalition'') the DC Circuit upheld the Commission's use of a 
market-based approach in evaluating the fairness of market data fees 
against a challenge claiming that Congress mandated a cost-based 
approach.\8\ As the court emphasized, the Commission ``intended in 
Regulation NMS that `market forces, rather than regulatory 
requirements' play a role in determining the market data . . . to be 
made available to investors and at what cost.'' \9\
---------------------------------------------------------------------------

    \7\ NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 2010).
    \8\ See NetCoalition, at 534-535.
    \9\ Id. at 537.
---------------------------------------------------------------------------

    Further, ``[n]o one disputes that competition for order flow is 
`fierce.' . . . As the SEC explained, `[i]n the U.S. national market 
system, buyers and sellers of securities, and the broker-dealers that 
act as their order-routing agents, have a wide range of choices of 
where to route orders for execution'; [and] `no exchange can afford to 
take its market share percentages for granted' because `no exchange 
possesses a monopoly, regulatory or otherwise, in

[[Page 23313]]

the execution of order flow from broker dealers'. . . .'' \10\ Although 
the court and the SEC were discussing the cash equities markets, the 
Exchange believes that these views apply with equal force to the 
options markets.
---------------------------------------------------------------------------

    \10\ Id. at 539 (quoting Securities Exchange Act Release No. 
59039 (December 2, 2008), 73 FR 74770, 74782-83 (December 9, 2008) 
(SR-NYSEArca-2006-21)).
---------------------------------------------------------------------------

    The Exchange believes that its proposed fee is reasonable because 
it benefits participants by providing a new way in which members may 
qualify for a reduced transaction fee, while also incentivizing members 
to add liquidity to the Exchange. It is also reasonable for the 
Exchange to charge a higher fee for a Midpoint pegging order that 
receives price improvement relative to the midpoint of the NBBO than it 
does for a Midpoint pegging order that executes at the Midpoint because 
the former order receives a better price than the latter one relative 
to the midpoint of the NBBO.
    The Exchange believes that the proposed fee is an equitable 
allocation and is not unfairly discriminatory because the Exchange will 
apply the same fee to all similarly situated members.

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. In terms of inter-market 
competition, the Exchange notes that it operates in a highly 
competitive market in which market participants can readily favor 
competing venues if they deem fee levels at a particular venue to be 
excessive, or rebate opportunities available at other venues to be more 
favorable. In such an environment, the Exchange must continually adjust 
its fees to remain competitive with other exchanges and with 
alternative trading systems that have been exempted from compliance 
with the statutory standards applicable to exchanges. Because 
competitors are free to modify their own fees in response, and because 
market participants may readily adjust their order routing practices, 
the Exchange believes that the degree to which fee changes in this 
market may impose any burden on competition is extremely limited.
    In this instance, the proposed fee does not impose a burden on 
competition because the Exchange's execution services are completely 
voluntary and subject to extensive competition both from other 
exchanges and from off-exchange venues. The proposed fee will apply to 
all similarly situated members.
    Moreover, the proposal promotes competition because the Exchange 
intends for it to incentivize members to add liquidity to the Exchange, 
potentially attracting additional participants to the Exchange.
    In sum, if the change proposed herein is unattractive to market 
participants, it is likely that the Exchange will lose market share as 
a result. Accordingly, the Exchange does not believe that the proposed 
change will impair the ability of members or competing order execution 
venues to maintain their competitive standing in the financial markets.

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

    No written comments were either solicited or received.

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)(ii) of the Act.\11\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BX-2018-018 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2018-018. 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-BX-2018-018 and should be submitted on 
or before June 8, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10600 Filed 5-17-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               23312                               Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Notices

                                               SECURITIES AND EXCHANGE                                    A. Self-Regulatory Organization’s                     associated fees do not apply to orders
                                               COMMISSION                                                 Statement of the Purpose of, and                      with Midpoint pegging that receive
                                                                                                          Statutory Basis for, the Proposed Rule                price improvement relative to the
                                               [Release No. 34–83224; File No. SR–BX–
                                                                                                          Change                                                midpoint of the NBBO.
                                               2018–018]
                                                                                                          1. Purpose                                            2. Statutory Basis
                                               Self-Regulatory Organizations; Nasdaq
                                                                                                             The purpose of the proposed rule                      The Exchange believes that its
                                               BX, Inc.; Notice of Filing and
                                                                                                          change is to amend the Exchange’s                     proposal is consistent with Section 6(b)
                                               Immediate Effectiveness of Proposed
                                                                                                          transaction fees at Rule 7018 to establish            of the Act,4 in general, and furthers the
                                               Rule Change To Amend Rule 7018(a)
                                                                                                          a new fee of $0.0017 per share executed               objectives of Sections 6(b)(4) and 6(b)(5)
                                               To Establish a New Fee for Orders
                                                                                                          for a buy (sell) order with Midpoint                  of the Act,5 in particular, in that it
                                               With Midpoint Pegging That Execute at
                                                                                                          pegging that receives an execution price              provides for the equitable allocation of
                                               a Price Better Than the Midpoint of the
                                                                                                          that is lower (higher) than the midpoint              reasonable dues, fees and other charges
                                               NBBO
                                                                                                          of the NBBO.                                          among members and issuers and other
                                               May 14, 2018.                                                 The Exchange operates on the ‘‘taker-              persons using any facility, and is not
                                                  Pursuant to Section 19(b)(1) of the                     maker’’ model, whereby it pays credits                designed to permit unfair
                                               Securities Exchange Act of 1934                            to members that take liquidity and                    discrimination between customers,
                                               (‘‘Act’’) 1, and Rule 19b–4 thereunder,2                   charges fees to members that provide                  issuers, brokers, or dealers.
                                               notice is hereby given that on April 30,                   liquidity. Among the fees that the                       The Commission and the courts have
                                               2018, Nasdaq BX, Inc. (‘‘BX’’ or                           Exchange charges to members that                      repeatedly expressed their preference
                                               ‘‘Exchange’’) filed with the Securities                    submit liquidity-providing orders to the              for competition over regulatory
                                               and Exchange Commission (‘‘SEC’’ or                        Exchange, the Exchange charges a                      intervention in determining prices,
                                               ‘‘Commission’’) the proposed rule                          baseline fee of $0.0030 per share                     products, and services in the securities
                                               change as described in Items I, II, and                    executed for each non-displayed order                 markets. In Regulation NMS, while
                                               III, below, which Items have been                          that adds liquidity. However, for certain             adopting a series of steps to improve the
                                               prepared by the Exchange. The                              types of non-displayed orders that add                current market model, the Commission
                                               Commission is publishing this notice to                    liquidity, the Exchange charges lower                 highlighted the importance of market
                                               solicit comments on the proposed rule                      fees relative to the baseline fee as a                forces in determining prices and SRO
                                               change from interested persons.                            means of incentivizing additional                     revenues and, also, recognized that
                                                                                                          liquidity. For example, the Exchange                  current regulation of the market system
                                               I. Self-Regulatory Organization’s                          charges $0.0015 per share executed for                ‘‘has been remarkably successful in
                                               Statement of the Terms of Substance of                     orders with Midpoint pegging 3 or                     promoting market competition in its
                                               the Proposed Rule Change                                   $0.0005 if the order with Midpoint                    broader forms that are most important to
                                                  The Exchange proposes to establish a                    pegging is entered by a member that                   investors and listed companies.’’ 6
                                               new fee for orders with Midpoint                           adds 0.02% of total Consolidated                         Likewise, in NetCoalition v. Securities
                                               pegging that receive an execution price                    Volume of non-displayed liquidity.                    and Exchange Commission 7
                                               that is better than the midpoint of the                       The new fee that the Exchange                      (‘‘NetCoalition’’) the DC Circuit upheld
                                               National Best Bid and Offer (‘‘NBBO’’),                    proposes to charge for a Midpoint                     the Commission’s use of a market-based
                                               as described further below.                                pegging order that executes at a price                approach in evaluating the fairness of
                                                  While these amendments are effective                    which is less aggressive than the                     market data fees against a challenge
                                               upon filing, the Exchange has                              midpoint of the NBBO will be higher                   claiming that Congress mandated a cost-
                                               designated the proposed amendments to                      than the $0.0005 or $0.0015 fees that the             based approach.8 As the court
                                               be operative on May 1, 2018.                               Exchange charges for Midpoint pegging                 emphasized, the Commission ‘‘intended
                                                  The text of the proposed rule change                    orders, generally. This is reasonable                 in Regulation NMS that ‘market forces,
                                               is available on the Exchange’s website at                  because Midpoint pegging orders that                  rather than regulatory requirements’
                                               http://nasdaqbx.cchwallstreet.com/, at                     execute at prices less aggressive than the            play a role in determining the market
                                               the principal office of the Exchange, and                  Midpoint of the NBBO provide less                     data . . . to be made available to
                                               at the Commission’s Public Reference                       price improvement to other participants               investors and at what cost.’’ 9
                                               Room.                                                      and execute at better prices (from the                   Further, ‘‘[n]o one disputes that
                                                                                                          perspective of the firm having entered                competition for order flow is ‘fierce.’
                                               II. Self-Regulatory Organization’s                         the order with Midpoint pegging) than                 . . . As the SEC explained, ‘[i]n the U.S.
                                               Statement of the Purpose of, and                           Midpoint pegging orders that execute at               national market system, buyers and
                                               Statutory Basis for, the Proposed Rule                     the midpoint. However, the Exchange                   sellers of securities, and the broker-
                                               Change                                                     notes that the proposed fee will still be             dealers that act as their order-routing
                                                  In its filing with the Commission, the                  lower than the baseline $0.0030 fee that              agents, have a wide range of choices of
                                               Exchange included statements                               the Exchange charges for non-display                  where to route orders for execution’;
                                               concerning the purpose of and basis for                    orders as a means of incenting orders                 [and] ‘no exchange can afford to take its
                                               the proposed rule change and discussed                     that provide price improvement relative               market share percentages for granted’
                                               any comments it received on the                            to the Midpoint.                                      because ‘no exchange possesses a
                                               proposed rule change. The text of these                       The Exchange also proposes to add                  monopoly, regulatory or otherwise, in
                                               statements may be examined at the                          language to existing provisions of the
                                               places specified in Item IV below. The                     fee schedule that also apply to orders                  4 15   U.S.C. 78f(b).
daltland on DSKBBV9HB2PROD with NOTICES




                                               Exchange has prepared summaries, set                       with Midpoint pegging to clarify that                   5 15   U.S.C. 78f(b)(4) and (5).
                                               forth in sections A, B, and C below, of                    these other provisions and their                         6 Securities Exchange Act Release No. 51808

                                                                                                                                                                (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005)
                                               the most significant aspects of such                                                                             (‘‘Regulation NMS Adopting Release’’).
                                                                                                             3 Pursuant to Rule 4703(d), an order with a
                                               statements.                                                ‘‘Midpoint pegging’’ attribute is a non-displayed
                                                                                                                                                                   7 NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir.

                                                                                                          order whose price is determined with reference to     2010).
                                                 1 15   U.S.C. 78s(b)(1).                                                                                          8 See NetCoalition, at 534–535.
                                                                                                          midpoint between the Inside Bid and Inside Offer
                                                 2 17   CFR 240.19b–4.                                    (the ‘‘Midpoint’’).                                      9 Id. at 537.




                                          VerDate Sep<11>2014      16:38 May 17, 2018   Jkt 244001   PO 00000   Frm 00061   Fmt 4703   Sfmt 4703   E:\FR\FM\18MYN1.SGM   18MYN1


                                                                                Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Notices                                                    23313

                                               the execution of order flow from broker                 from other exchanges and from off-                      Commission, 100 F Street NE,
                                               dealers’. . . .’’ 10 Although the court                 exchange venues. The proposed fee will                  Washington, DC 20549–1090.
                                               and the SEC were discussing the cash                    apply to all similarly situated members.                All submissions should refer to File
                                               equities markets, the Exchange believes                    Moreover, the proposal promotes                      Number SR–BX–2018–018. This file
                                               that these views apply with equal force                 competition because the Exchange                        number should be included on the
                                               to the options markets.                                 intends for it to incentivize members to                subject line if email is used. To help the
                                                  The Exchange believes that its                       add liquidity to the Exchange,                          Commission process and review your
                                               proposed fee is reasonable because it                   potentially attracting additional                       comments more efficiently, please use
                                               benefits participants by providing a new                participants to the Exchange.                           only one method. The Commission will
                                               way in which members may qualify for                       In sum, if the change proposed herein                post all comments on the Commission’s
                                               a reduced transaction fee, while also                   is unattractive to market participants, it              internet website (http://www.sec.gov/
                                               incentivizing members to add liquidity                  is likely that the Exchange will lose                   rules/sro.shtml). Copies of the
                                               to the Exchange. It is also reasonable for              market share as a result. Accordingly,                  submission, all subsequent
                                               the Exchange to charge a higher fee for                 the Exchange does not believe that the                  amendments, all written statements
                                               a Midpoint pegging order that receives                  proposed change will impair the ability                 with respect to the proposed rule
                                               price improvement relative to the                       of members or competing order                           change that are filed with the
                                               midpoint of the NBBO than it does for                   execution venues to maintain their                      Commission, and all written
                                               a Midpoint pegging order that executes                  competitive standing in the financial                   communications relating to the
                                               at the Midpoint because the former                      markets.                                                proposed rule change between the
                                               order receives a better price than the                  C. Self-Regulatory Organization’s                       Commission and any person, other than
                                               latter one relative to the midpoint of the              Statement on Comments on the                            those that may be withheld from the
                                               NBBO.                                                   Proposed Rule Change Received From                      public in accordance with the
                                                  The Exchange believes that the                       Members, Participants, or Others                        provisions of 5 U.S.C. 552, will be
                                               proposed fee is an equitable allocation                                                                         available for website viewing and
                                               and is not unfairly discriminatory                        No written comments were either                       printing in the Commission’s Public
                                               because the Exchange will apply the                     solicited or received.                                  Reference Room, 100 F Street NE,
                                               same fee to all similarly situated                      III. Date of Effectiveness of the                       Washington, DC 20549, on official
                                               members.                                                Proposed Rule Change and Timing for                     business days between the hours of
                                               B. Self-Regulatory Organization’s                       Commission Action                                       10:00 a.m. and 3:00 p.m. Copies of the
                                               Statement on Burden on Competition                                                                              filing also will be available for
                                                                                                          The foregoing rule change has become
                                                                                                                                                               inspection and copying at the principal
                                                  The Exchange does not believe that                   effective pursuant to Section
                                                                                                                                                               office of the Exchange. All comments
                                               the proposed rule change will impose                    19(b)(3)(A)(ii) of the Act.11
                                                                                                                                                               received will be posted without change.
                                               any burden on competition not                              At any time within 60 days of the
                                                                                                                                                               Persons submitting comments are
                                               necessary or appropriate in furtherance                 filing of the proposed rule change, the
                                                                                                                                                               cautioned that we do not redact or edit
                                               of the purposes of the Act. In terms of                 Commission summarily may
                                                                                                                                                               personal identifying information from
                                               inter-market competition, the Exchange                  temporarily suspend such rule change if
                                                                                                                                                               comment submissions. You should
                                               notes that it operates in a highly                      it appears to the Commission that such
                                                                                                                                                               submit only information that you wish
                                               competitive market in which market                      action is: (i) Necessary or appropriate in
                                                                                                                                                               to make available publicly. All
                                               participants can readily favor competing                the public interest; (ii) for the protection
                                                                                                                                                               submissions should refer to File
                                               venues if they deem fee levels at a                     of investors; or (iii) otherwise in
                                                                                                                                                               Number SR–BX–2018–018 and should
                                               particular venue to be excessive, or                    furtherance of the purposes of the Act.
                                                                                                                                                               be submitted on or before June 8, 2018.
                                               rebate opportunities available at other                 If the Commission takes such action, the
                                                                                                       Commission shall institute proceedings                    For the Commission, by the Division of
                                               venues to be more favorable. In such an
                                                                                                       to determine whether the proposed rule                  Trading and Markets, pursuant to delegated
                                               environment, the Exchange must                                                                                  authority.12
                                               continually adjust its fees to remain                   should be approved or disapproved.
                                                                                                                                                               Eduardo A. Aleman,
                                               competitive with other exchanges and                    IV. Solicitation of Comments                            Assistant Secretary.
                                               with alternative trading systems that
                                               have been exempted from compliance                        Interested persons are invited to                     [FR Doc. 2018–10600 Filed 5–17–18; 8:45 am]
                                               with the statutory standards applicable                 submit written data, views, and                         BILLING CODE 8011–01–P

                                               to exchanges. Because competitors are                   arguments concerning the foregoing,
                                               free to modify their own fees in                        including whether the proposed rule
                                               response, and because market                            change is consistent with the Act.                      SECURITIES AND EXCHANGE
                                               participants may readily adjust their                   Comments may be submitted by any of                     COMMISSION
                                               order routing practices, the Exchange                   the following methods:                                  [Release No. 34–83230; File No. SR–NYSE–
                                               believes that the degree to which fee                   Electronic Comments                                     2018–21]
                                               changes in this market may impose any
                                                                                                         • Use the Commission’s internet                       Self-Regulatory Organizations; New
                                               burden on competition is extremely
                                                                                                       comment form (http://www.sec.gov/                       York Stock Exchange LLC; Notice of
                                               limited.
                                                                                                       rules/sro.shtml); or                                    Filing and Immediate Effectiveness of
                                                  In this instance, the proposed fee does
                                                                                                         • Send an email to rule-comments@                     Proposed Rule Change To Amend its
                                               not impose a burden on competition
                                                                                                       sec.gov. Please include File Number SR–
daltland on DSKBBV9HB2PROD with NOTICES




                                               because the Exchange’s execution                                                                                Price List
                                                                                                       BX–2018–018 on the subject line.
                                               services are completely voluntary and                                                                           May 14, 2018.
                                               subject to extensive competition both                   Paper Comments
                                                                                                                                                                 Pursuant to Section 19(b)(1) 1 of the
                                                 10 Id. at 539 (quoting Securities Exchange Act
                                                                                                         • Send paper comments in triplicate                   Securities Exchange Act of 1934 (the
                                               Release No. 59039 (December 2, 2008), 73 FR             to Secretary, Securities and Exchange
                                                                                                                                                                 12 17   CFR 200.30–3(a)(12).
                                               74770, 74782–83 (December 9, 2008) (SR–
                                               NYSEArca–2006–21)).                                      11 15   U.S.C. 78s(b)(3)(A)(ii).                         1 15   U.S.C.78s(b)(1).



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Document Created: 2018-05-18 02:16:14
Document Modified: 2018-05-18 02:16:14
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 23312 

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