83_FR_23613 83 FR 23515 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on Cboe EDGX Exchange, Inc.

83 FR 23515 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on Cboe EDGX Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 98 (May 21, 2018)

Page Range23515-23517
FR Document2018-10707

Federal Register, Volume 83 Issue 98 (Monday, May 21, 2018)
[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Notices]
[Pages 23515-23517]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10707]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83240; File No. SR-CboeEDGX-2018-014]


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

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

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

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 (``EDGX Equities'') to (i) eliminate Mega 
Tier 2, (ii) eliminate the Step-Up Tier, (iii) modify Tape B Tier 1 and 
eliminate Tape B Tier 2 and (iv) increase the fee for orders that yield 
fee code D, effective May 1, 2018.
    The Exchange first proposes to eliminate Mega Tier 2. Mega Tier 2 
currently provides Members a rebate of $0.0032 per share where a Member 
(i) adds or routes a combined ADV \6\ greater than or equal to 
4,000,000 shares prior to 9:30 a.m. or after 4:00 p.m. and (ii) adds an 
ADV greater than or equal to 0.65% of the TCV,\7\ including during both 
market hours and pre and post-trading hours. The Exchange no longer 
wishes to maintain this tier level. As such, the Exchange proposes to 
eliminate Mega Tier 2 and rename Mega Tier 3 accordingly.
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    \6\ ADV means average daily volume calculated as the number of 
shares added to, removed from, or routed by, the Exchange, or any 
combination or subset thereof, per day. ADV is calculated on a 
monthly basis. See Exchange's fee schedule.
    \7\ 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. See Exchange's fee schedule.
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    The Exchange next proposes to eliminate the Step-Up Tier, which 
provides a $0.0032 per share rebate where a Member (i) adds an ADV 
greater than or equal to 0.40% of the TCV and (ii) has a Step-Up Add 
TCV from January 2017 greater than or equal to 0.10%. The Exchange no 
longer wishes to maintain this tier level and therefore proposes to 
delete it.
    The Exchange also proposes to modify Tape B Tier 1. Currently, for 
orders that yield fee codes B and 4, the Exchange provides a rebate of 
$0.0020 per share for orders that add liquidity for securities at or 
above $1.00, and a rebate of $0.00003 per share for orders that add 
liquidity for securities below $1.00. Pursuant to Tape B Volume Tier 1, 
a Member will receive an enhanced rebate of $0.0027 where a Member adds 
an ADV greater than or equal to 0.02% of the TCV in Tape B Securities. 
The Exchange proposes to increase the ADV requirement to greater than 
or equal to 0.03% of the TCV in Tape B securities. The Exchange 
believes the proposed change to the Tape B Volume Tier 1 criteria will 
encourage the entry of additional orders to the Exchange. The Exchange 
also no longer desires to maintain Tape B Volume Tier 2 and therefore 
proposes to delete it.
    Lastly, the Exchange proposes to increase the fee for orders 
yielding fee code D, which results from an order routed to the New York 
Stock Exchange (``NYSE'') or routed using the RDOT 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

[[Page 23516]]

organizations with an Adding ADV of at least 50,000 shares for that 
respective Tape.\8\ 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 $0.00275 to $0.00280.
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    \8\ 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.
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2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent 
with the objectives of Section 6 of the Act,\9\ in general, and 
furthers the objectives of Section 6(b)(4),\10\ 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposal to eliminate the Mega Tier 
2, Step-Up Tier and Tape B Tier 2 is reasonable, fair, and equitable 
because the current tiers are not providing the desired result of 
incentivizing Members to increase their participation in EDGX Equities. 
Therefore, eliminating these tiers will have a negligible effect on 
order flow and market behavior. The Exchange believes the proposed 
changes are not unfairly discriminatory because they will apply equally 
to all Members.
    The Exchange next notes that volume-based discounts such as those 
currently maintained on the Exchange have been widely adopted by 
exchanges and are equitable and non-discriminatory because they are 
open to all Members on an equal basis and provide additional benefits 
or discounts that are reasonably related to the value of an exchange's 
market quality associated with higher levels of market activity, such 
as higher levels of liquidity provision and/or growth patterns, and 
introduction of higher volumes of orders into the price and volume 
discovery processes. While the proposed modification to the existing 
Tape B Volume Tier 1 makes such tier slightly more difficult to attain, 
it is intended to incentivize Members to send additional volume to the 
Exchange in an effort to qualify or continue to qualify for the 
enhanced rebate made available by the tier. As such, the Exchange also 
believes that the proposed changes are reasonable. The Exchange notes 
that increased volume on the Exchange provides greater trading 
opportunities for all market participants.
    The Exchange lastly believes the proposed increase to orders 
yielding fee code D 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 equitable and non-discriminatory because it 
applies uniformly to all Members.

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

    The Exchange believes the proposed amendments to its fee schedule 
would not impose any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The Exchange 
does not believe that the proposed changes represent a significant 
departure from previous pricing offered by the Exchange or pricing 
offered by the Exchange's competitors. Members may opt to disfavor the 
Exchange's pricing if they believe that alternatives offer them better 
value. Accordingly, the Exchange does not believe that the proposed 
change will impair the ability of Members or competing venues to 
maintain their competitive standing in the financial markets.

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

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any 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 \11\ and paragraph (f) of Rule 19b-4 
thereunder.\12\ At any time within 60 days of the filing of the 
proposed rule change, the Commission summarily may temporarily suspend 
such rule change if it appears to the Commission that such action is 
necessary or appropriate in the public interest, for the protection of 
investors, or otherwise in furtherance of the purposes of the Act.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CboeEDGX-2018-014 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeEDGX-2018-014. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549 on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-CboeEDGX-2018-014 and should be 
submitted on or before June 11, 2018.
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    \13\ 17 CFR 200.30-3(a)(12).


[[Page 23517]]


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    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10707 Filed 5-18-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices                                                     23515

                                                file number should be included on the                   ‘‘Exchange’’ or ‘‘EDGX’’) filed with the                 The Exchange first proposes to
                                                subject line if email is used. To help the              Securities and Exchange Commission                    eliminate Mega Tier 2. Mega Tier 2
                                                Commission process and review your                      (‘‘Commission’’) the proposed rule                    currently provides Members a rebate of
                                                comments more efficiently, please use                   change as described in Items I, II and III            $0.0032 per share where a Member (i)
                                                only one method. The Commission will                    below, which Items have been prepared                 adds or routes a combined ADV 6 greater
                                                post all comments on the Commission’s                   by the Exchange. The Exchange has                     than or equal to 4,000,000 shares prior
                                                internet website (http://www.sec.gov/                   designated the proposed rule change as                to 9:30 a.m. or after 4:00 p.m. and (ii)
                                                rules/sro.shtml). Copies of the                         one establishing or changing a member                 adds an ADV greater than or equal to
                                                submission, all subsequent                              due, fee, or other charge imposed by the              0.65% of the TCV,7 including during
                                                amendments, all written statements                      Exchange under Section 19(b)(3)(A)(ii)                both market hours and pre and post-
                                                with respect to the proposed rule                       of the Act 3 and Rule 19b–4(f)(2)                     trading hours. The Exchange no longer
                                                change that are filed with the                          thereunder,4 which renders the                        wishes to maintain this tier level. As
                                                Commission, and all written                             proposed rule change effective upon                   such, the Exchange proposes to
                                                communications relating to the                          filing with the Commission. The                       eliminate Mega Tier 2 and rename Mega
                                                proposed rule change between the                        Commission is publishing this notice to               Tier 3 accordingly.
                                                Commission and any person, other than                   solicit comments on the proposed rule                    The Exchange next proposes to
                                                those that may be withheld from the                     change from interested persons.                       eliminate the Step-Up Tier, which
                                                public in accordance with the                                                                                 provides a $0.0032 per share rebate
                                                provisions of 5 U.S.C. 552, will be                     I. Self-Regulatory Organization’s
                                                                                                                                                              where a Member (i) adds an ADV greater
                                                available for website viewing and                       Statement of the Terms of Substance of
                                                                                                                                                              than or equal to 0.40% of the TCV and
                                                printing in the Commission’s Public                     the Proposed Rule Change
                                                                                                                                                              (ii) has a Step-Up Add TCV from
                                                Reference Room, 100 F Street NE,                           The Exchange filed a proposal to                   January 2017 greater than or equal to
                                                Washington, DC 20549 on official                        amend the fee schedule applicable to                  0.10%. The Exchange no longer wishes
                                                business days between the hours of                      Members 5 and non-Members of the                      to maintain this tier level and therefore
                                                10:00 a.m. and 3:00 p.m. Copies of the                  Exchange pursuant to EDGX Rules                       proposes to delete it.
                                                filing also will be available for                       15.1(a) and (c).                                         The Exchange also proposes to modify
                                                inspection and copying at the principal                    The text of the proposed rule change               Tape B Tier 1. Currently, for orders that
                                                office of the Exchange. All comments                    is available at the Exchange’s website at             yield fee codes B and 4, the Exchange
                                                received will be posted without change.                 www.markets.cboe.com, at the principal                provides a rebate of $0.0020 per share
                                                Persons submitting comments are                         office of the Exchange, and at the                    for orders that add liquidity for
                                                cautioned that we do not redact or edit                 Commission’s Public Reference Room.                   securities at or above $1.00, and a rebate
                                                personal identifying information from                                                                         of $0.00003 per share for orders that add
                                                comment submissions. You should                         II. Self-Regulatory Organization’s
                                                                                                        Statement of the Purpose of, and                      liquidity for securities below $1.00.
                                                submit only information that you wish                                                                         Pursuant to Tape B Volume Tier 1, a
                                                to make available publicly. All                         Statutory Basis for, the Proposed Rule
                                                                                                        Change                                                Member will receive an enhanced rebate
                                                submissions should refer to File                                                                              of $0.0027 where a Member adds an
                                                Number SR–CboeBZX–2018–035, and                           In its filing with the Commission, the              ADV greater than or equal to 0.02% of
                                                should be submitted on or before June                   Exchange included statements                          the TCV in Tape B Securities. The
                                                11, 2018.                                               concerning the purpose of and basis for               Exchange proposes to increase the ADV
                                                  For the Commission, by the Division of                the proposed rule change and discussed                requirement to greater than or equal to
                                                Trading and Markets, pursuant to delegated              any comments it received on the                       0.03% of the TCV in Tape B securities.
                                                authority.16                                            proposed rule change. The text of these               The Exchange believes the proposed
                                                Eduardo A. Aleman,                                      statements may be examined at the                     change to the Tape B Volume Tier 1
                                                Assistant Secretary.                                    places specified in Item IV below. The                criteria will encourage the entry of
                                                [FR Doc. 2018–10712 Filed 5–18–18; 8:45 am]             Exchange has prepared summaries, set                  additional orders to the Exchange. The
                                                BILLING CODE 8011–01–P
                                                                                                        forth in Sections A, B, and C below, of               Exchange also no longer desires to
                                                                                                        the most significant parts of such                    maintain Tape B Volume Tier 2 and
                                                                                                        statements.                                           therefore proposes to delete it.
                                                SECURITIES AND EXCHANGE                                 A. Self-Regulatory Organization’s                        Lastly, the Exchange proposes to
                                                COMMISSION                                              Statement of the Purpose of, and                      increase the fee for orders yielding fee
                                                [Release No. 34–83240; File No. SR–                     Statutory Basis for, the Proposed Rule                code D, which results from an order
                                                CboeEDGX–2018–014]                                      Change                                                routed to the New York Stock Exchange
                                                                                                                                                              (‘‘NYSE’’) or routed using the RDOT
                                                Self-Regulatory Organizations; Cboe                     1. Purpose                                            routing strategy. Particularly, NYSE
                                                EDGX Exchange, Inc.; Notice of Filing                      The Exchange proposes to amend its                 recently implemented certain pricing
                                                and Immediate Effectiveness of a                        fee schedule applicable to its equities               changes related to Tapes B and C
                                                Proposed Rule Change Related to Fees                    trading platform (‘‘EDGX Equities’’) to               securities, including adopting a per tape
                                                for Use on Cboe EDGX Exchange, Inc.                     (i) eliminate Mega Tier 2, (ii) eliminate             fee of $0.00280 per share to remove
                                                May 15, 2018.                                           the Step-Up Tier, (iii) modify Tape B                 liquidity from the Exchange for member
                                                   Pursuant to Section 19(b)(1) of the                  Tier 1 and eliminate Tape B Tier 2 and
                                                                                                                                                                 6 ADV means average daily volume calculated as
                                                                                                        (iv) increase the fee for orders that yield
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                                                Securities Exchange Act of 1934 (the                                                                          the number of shares added to, removed from, or
                                                ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  fee code D, effective May 1, 2018.                    routed by, the Exchange, or any combination or
                                                notice is hereby given that on May 1,                                                                         subset thereof, per day. ADV is calculated on a
                                                                                                          3 15 U.S.C. 78s(b)(3)(A)(ii).                       monthly basis. See Exchange’s fee schedule.
                                                2018, Cboe EDGX Exchange, Inc. (the                       4 17 CFR 240.19b–4(f)(2).                              7 TCV means total consolidated volume
                                                                                                          5 The term ‘‘Member’’ is defined as ‘‘any           calculated as the volume reported by all exchanges
                                                  16 17 CFR 200.30–3(a)(12).                            registered broker or dealer that has been admitted    and trade reporting facilities to a consolidated
                                                  1 15 U.S.C. 78s(b)(1).                                to membership in the Exchange.’’ See Exchange         transaction reporting plan for the month for which
                                                  2 17 CFR 240.19b–4.                                   Rule 1.5(n).                                          the fees apply. See Exchange’s fee schedule.



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                                                23516                           Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices

                                                organizations with an Adding ADV of at                  in an effort to qualify or continue to                   investors, or otherwise in furtherance of
                                                least 50,000 shares for that respective                 qualify for the enhanced rebate made                     the purposes of the Act.
                                                Tape.8 Based on the changes in pricing                  available by the tier. As such, the
                                                                                                                                                                 IV. Solicitation of Comments
                                                at NYSE, the Exchange is proposing to                   Exchange also believes that the
                                                increase its fee for orders executed at                 proposed changes are reasonable. The                       Interested persons are invited to
                                                NYSE that yield fee code D from                         Exchange notes that increased volume                     submit written data, views, and
                                                $0.00275 to $0.00280.                                   on the Exchange provides greater                         arguments concerning the foregoing,
                                                                                                        trading opportunities for all market                     including whether the proposed rule
                                                2. Statutory Basis                                                                                               change is consistent with the Act.
                                                                                                        participants.
                                                   The Exchange believes that the                                                                                Comments may be submitted by any of
                                                proposed rule changes are consistent                       The Exchange lastly believes the                      the following methods:
                                                with the objectives of Section 6 of the                 proposed increase to orders yielding fee
                                                                                                        code D is reasonable because it reflects                 Electronic Comments
                                                Act,9 in general, and furthers the
                                                objectives of Section 6(b)(4),10 in                     a pass-through of the pricing increase by                   • Use the Commission’s internet
                                                particular, as it is designed to provide                NYSE noted above. The Exchange                           comment form (http://www.sec.gov/
                                                for the equitable allocation of reasonable              further believes the proposed fee change                 rules/sro.shtml); or
                                                dues, fees and other charges among its                  is equitable and non-discriminatory                         • Send an email to rule-comments@
                                                Members and other persons using its                     because it applies uniformly to all                      sec.gov. Please include File Number SR–
                                                facilities. The Exchange also notes that                Members.                                                 CboeEDGX–2018–014 on the subject
                                                it operates in a highly-competitive                                                                              line.
                                                                                                        B. Self-Regulatory Organization’s
                                                market in which market participants can                 Statement on Burden on Competition                       Paper Comments
                                                readily direct order flow to competing
                                                venues if they deem fee levels at a                       The Exchange believes the proposed                        • Send paper comments in triplicate
                                                particular venue to be excessive or                     amendments to its fee schedule would                     to Secretary, Securities and Exchange
                                                incentives to be insufficient. The                      not impose any burden on competition                     Commission, 100 F Street NE,
                                                proposed rule changes reflect a                         that is not necessary or appropriate in                  Washington, DC 20549–1090.
                                                competitive pricing structure designed                  furtherance of the purposes of the Act.                  All submissions should refer to File
                                                to incentivize market participants to                   The Exchange does not believe that the                   Number SR–CboeEDGX–2018–014. This
                                                direct their order flow to the Exchange.                proposed changes represent a significant                 file number should be included on the
                                                   The Exchange believes that the                       departure from previous pricing offered                  subject line if email is used. To help the
                                                proposal to eliminate the Mega Tier 2,                  by the Exchange or pricing offered by                    Commission process and review your
                                                Step-Up Tier and Tape B Tier 2 is                       the Exchange’s competitors. Members                      comments more efficiently, please use
                                                reasonable, fair, and equitable because                 may opt to disfavor the Exchange’s                       only one method. The Commission will
                                                the current tiers are not providing the                 pricing if they believe that alternatives                post all comments on the Commission’s
                                                desired result of incentivizing Members                 offer them better value. Accordingly, the                internet website (http://www.sec.gov/
                                                to increase their participation in EDGX                 Exchange does not believe that the                       rules/sro.shtml). Copies of the
                                                Equities. Therefore, eliminating these                  proposed change will impair the ability                  submission, all subsequent
                                                tiers will have a negligible effect on                  of Members or competing venues to                        amendments, all written statements
                                                order flow and market behavior. The                     maintain their competitive standing in                   with respect to the proposed rule
                                                Exchange believes the proposed changes                  the financial markets.                                   change that are filed with the
                                                are not unfairly discriminatory because                                                                          Commission, and all written
                                                they will apply equally to all Members.                 C. Self-Regulatory Organization’s                        communications relating to the
                                                   The Exchange next notes that volume-                 Statement on Comments on the                             proposed rule change between the
                                                based discounts such as those currently                 Proposed Rule Change Received From                       Commission and any person, other than
                                                maintained on the Exchange have been                    Members, Participants, or Others                         those that may be withheld from the
                                                widely adopted by exchanges and are                                                                              public in accordance with the
                                                equitable and non-discriminatory                          The Exchange has not solicited, and                    provisions of 5 U.S.C. 552, will be
                                                because they are open to all Members on                 does not intend to solicit, comments on                  available for website viewing and
                                                an equal basis and provide additional                   this proposed rule change. The                           printing in the Commission’s Public
                                                benefits or discounts that are reasonably               Exchange has not received any                            Reference Room, 100 F Street NE,
                                                related to the value of an exchange’s                   unsolicited written comments from                        Washington, DC 20549 on official
                                                market quality associated with higher                   Members or other interested parties.                     business days between the hours of
                                                levels of market activity, such as higher               III. Date of Effectiveness of the                        10:00 a.m. and 3:00 p.m. Copies of the
                                                levels of liquidity provision and/or                    Proposed Rule Change and Timing for                      filing also will be available for
                                                growth patterns, and introduction of                    Commission Action                                        inspection and copying at the principal
                                                higher volumes of orders into the price                                                                          office of the Exchange. All comments
                                                and volume discovery processes. While                      The foregoing rule change has become                  received will be posted without change.
                                                the proposed modification to the                        effective pursuant to Section 19(b)(3)(A)                Persons submitting comments are
                                                existing Tape B Volume Tier 1 makes                     of the Act 11 and paragraph (f) of Rule                  cautioned that we do not redact or edit
                                                such tier slightly more difficult to attain,            19b–4 thereunder.12 At any time within                   personal identifying information from
                                                it is intended to incentivize Members to                60 days of the filing of the proposed rule               comment submissions. You should
                                                                                                        change, the Commission summarily may
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                                                send additional volume to the Exchange                                                                           submit only information that you wish
                                                                                                        temporarily suspend such rule change if                  to make available publicly. All
                                                  8 See NYSE Trader Update, NYSE—Fees for               it appears to the Commission that such                   submissions should refer to File
                                                Trading Tapes B and C securities, dated April 2,        action is necessary or appropriate in the                Number SR–CboeEDGX–2018–014 and
                                                2018, available at https://www.nyse.com/
                                                publicdocs/nyse/markets/nyse/NYSE_Fee_Change_
                                                                                                        public interest, for the protection of                   should be submitted on or before June
                                                BandC_April2018.pdf.                                                                                             11, 2018.
                                                  9 15 U.S.C. 78f.                                       11 15   U.S.C. 78s(b)(3)(A).
                                                  10 15 U.S.C. 78f(b)(4).                                12 17   CFR 240.19b–4(f).                                 13 17   CFR 200.30–3(a)(12).



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                                                                                   Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices                                                      23517

                                                  For the Commission, by the Division of                   statements may be examined at the                     Sponsoring Member’s execution and
                                                Trading and Markets, pursuant to delegated                 places specified in Item IV below. The                clearing identity pursuant to a
                                                authority.13                                               Exchange has prepared summaries, set                  sponsorship arrangement between such
                                                Eduardo A. Aleman,                                         forth in sections A, B, and C below, of               non-member and Sponsoring Member,
                                                Assistant Secretary.                                       the most significant aspects of such                  as set forth in Supplementary Material
                                                [FR Doc. 2018–10707 Filed 5–18–18; 8:45 am]                statements.                                           to Rule 706. The Exchange is proposing
                                                BILLING CODE 8011–01–P                                                                                           to define the term ‘‘Sponsored Access’’
                                                                                                           A. Self-Regulatory Organization’s
                                                                                                                                                                 to clarify the type of market access
                                                                                                           Statement of the Purpose of, and
                                                                                                                                                                 arrangement that is subject to this rule.
                                                                                                           Statutory Basis for, the Proposed Rule
                                                SECURITIES AND EXCHANGE                                                                                          Accordingly, the Exchange proposes to
                                                                                                           Change
                                                COMMISSION                                                                                                       amend Supplementary Material .01(a) to
                                                                                                           1. Purpose                                            Rule 706 to add the following
                                                [Release No. 34–83238; File No. SR–ISE–
                                                2018–44]                                                      The purpose of the proposed rule                   definition: ‘‘Sponsored Access shall
                                                                                                           change is to amend Supplementary                      mean an arrangement whereby a
                                                Self-Regulatory Organizations; Nasdaq                      Material to Rule 706, which contains the              Member permits its customers to enter
                                                ISE, LLC; Notice of Filing and                             Exchange’s sponsored access rules, to                 orders into the System that bypass the
                                                Immediate Effectiveness of Proposed                        harmonize these rules with those of the               Member’s trading system and are routed
                                                Rule Change To Amend                                       Nasdaq Exchanges.3 On March 9, 2016,                  directly to the Exchange, including
                                                Supplementary Material to Rule 706 To                      the Exchange and its affiliates, ISE                  routing through a service bureau or
                                                Harmonize Its Sponsored Access                             Gemini, LLC (now, Nasdaq GEMX, LLC)                   other third party technology provider.’’
                                                Rules With Those of Its Affiliates                         (‘‘GEMX’’) and ISE Mercury, LLC (now,                 This definition mirrors the language set
                                                                                                           Nasdaq MRX, LLC) (‘‘MRX’’ and                         forth in the Nasdaq Sponsored Access
                                                May 15, 2018.                                                                                                    Rules,7 and is derived from the
                                                                                                           together with ISE and GEMX, ‘‘ISE
                                                   Pursuant to Section 19(b)(1) of the                     Exchanges’’), were acquired by Nasdaq,                Commission’s description of Sponsored
                                                Securities Exchange Act of 1934                            Inc. (‘‘Acquisition’’).4 In the context of            Access used in the release approving the
                                                (‘‘Act’’),1 and Rule 19b–4 thereunder,2                    the Acquisition, the ISE Exchanges have               Market Access Rule.8 The Exchange
                                                notice is hereby given that on May 9,                      been working to align certain of its rules            believes that defining Sponsored Access
                                                2018, Nasdaq ISE, LLC (‘‘ISE’’ or                          and processes with those of the Nasdaq                in Supplementary Material .01(a) to
                                                ‘‘Exchange’’) filed with the Securities                    Exchanges in order to provide                         Rule 706 will provide market
                                                and Exchange Commission                                    consistent standards across the six                   participants with greater clarity
                                                (‘‘Commission’’) the proposed rule                         exchanges owned and operated by                       regarding Sponsored Access and their
                                                change as described in Items I and II                      Nasdaq, Inc. (collectively, ‘‘Affiliated              obligations with respect to this type of
                                                below, which Items have been prepared                      Exchanges’’). As part of this effort, the             access arrangement.
                                                by the Exchange. The Commission is                         proposal set forth below harmonizes the               Defining Customer Agreement
                                                publishing this notice to solicit                          Exchange’s sponsored access rules with
                                                comments on the proposed rule change                                                                                The Exchange proposes to amend
                                                                                                           the Nasdaq Sponsored Access Rules in
                                                from interested persons.                                                                                         Supplementary Material .01(b)(1) to
                                                                                                           order to provide uniform standards and
                                                                                                                                                                 Rule 706 to define the agreement that
                                                I. Self-Regulatory Organization’s                          requirements for users of the Affiliated
                                                                                                                                                                 Sponsored Customers must enter into
                                                Statement of the Terms of Substance of                     Exchanges.5
                                                                                                              In particular, the Exchange proposes               and maintain with one or more
                                                the Proposed Rule Change                                                                                         Sponsoring Members to establish proper
                                                                                                           to (1) define the term ‘‘Sponsored
                                                   The Exchange proposes to amend                          Access’’ and ‘‘Customer Agreement;’’ (2)              relationship(s) and account(s) through
                                                Supplementary Material to Rule 706 to                      specify the requirement to comply with                which the Sponsored Customer may
                                                harmonize its sponsored access rules                       Rule 15c3–5 under the Act (‘‘Market                   trade on the Exchange, as a ‘‘Customer
                                                with those of its affiliates, The Nasdaq                   Access Rule’’); (3) remove the                        Agreement.’’ 9
                                                Stock Market LLC (‘‘NQX’’), Nasdaq BX,                     requirements that each Sponsored                      Market Access Rule
                                                Inc. (‘‘BX’’) and Nasdaq PHLX LLC                          Customer and each Sponsoring Member
                                                (‘‘PHLX,’’ and together with NQX and                                                                               Pursuant to Supplementary Material
                                                                                                           enter into certain agreements with the                .01(b)(2) to Rule 706, the Sponsoring
                                                BX, ‘‘Nasdaq Exchanges’’).                                 Exchange; and (4) make a number of
                                                   The text of the proposed rule change                                                                          Member is responsible for the activities
                                                                                                           related, non-substantive changes. Each
                                                is available on the Exchange’s website at                  change is discussed in detail as follows.             fund, mutual fund, bank or insurance company, an
                                                http://ise.cchwallstreet.com/, at the                                                                            individual, or another broker-dealer—to use the
                                                principal office of the Exchange, and at                   Defining Sponsored Access
                                                                                                                                                                 broker-dealer’s MPID, account or other mechanism
                                                the Commission’s Public Reference                            A Sponsored Customer is a non-                      or mnemonic used to identify a market participant
                                                Room.                                                      member of the Exchange, such as an                    for the purposes of electronically accessing the
                                                                                                                                                                 Exchange.
                                                                                                           institutional investor, that gains access
                                                II. Self-Regulatory Organization’s                                                                                 7 See NQX Rule 4615(a), BX Rule 4615(a) and
                                                                                                           to the Exchange 6 and trades under a                  PHLX Rule 1094(a).
                                                Statement of the Purpose of, and
                                                                                                                                                                   8 The Market Access Rule, among other things,
                                                Statutory Basis for, the Proposed Rule                        3 See NQX Rule 4615, BX Rule 4615 and PHLX         requires broker-dealers providing others with access
                                                Change                                                     Rule 1094 (collectively, ‘‘Nasdaq Sponsored Access    to an exchange or alternative trading system to
                                                   In its filing with the Commission, the                  Rules’’).                                             establish, document, and maintain a system of risk
                                                                                                              4 See Securities Exchange Act Release No. 78119    management controls and supervisory procedures
sradovich on DSK3GMQ082PROD with NOTICES




                                                Exchange included statements                               (June 21, 2016), 81 FR 41611 (June 27, 2016) (SR–     reasonably designed to manage the financial,
                                                concerning the purpose of and basis for                    ISE–2016–11; SR–ISEGemini-2016–05; SR–                regulatory, and other risks of providing such access.
                                                the proposed rule change and discussed                     ISEMercury–2016–10).                                  See Securities Exchange Act Release No. 63241
                                                any comments it received on the                               5 GEMX and MRX will each file similar rule         (November 3, 2010), 75 FR 69792 (November 15,
                                                                                                           change proposals with the Commission to               2010).
                                                proposed rule change. The text of these                    harmonize their sponsored access rules with the         9 The Nasdaq Sponsored Access Rules also
                                                                                                           Nasdaq Sponsored Access Rules.                        similarly define ‘‘Customer Agreement.’’ See NQX
                                                  1 15   U.S.C. 78s(b)(1).                                    6 For example, a broker-dealer may allow its       Rule 4615(b)(i), BX Rule 4615(b)(i) and PHLX Rule
                                                  2 17   CFR 240.19b–4.                                    customer—whether an institution such as a hedge       1094(b)(i).



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Document Created: 2018-11-02 11:08:24
Document Modified: 2018-11-02 11:08:24
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 23515 

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