83_FR_28590 83 FR 28472 - Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees

83 FR 28472 - Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 118 (June 19, 2018)

Page Range28472-28474
FR Document2018-13085

Federal Register, Volume 83 Issue 118 (Tuesday, June 19, 2018)
[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Notices]
[Pages 28472-28474]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13085]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83426; File No. SR-CboeBYX-2018-007]


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

June 13, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 
1934,\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on 
June 1, 2018, Cboe BYX Exchange, Inc. (``Exchange'' or ``BYX'') filed 
with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I, II and III below, which 
Items have been prepared by the Exchange. The Exchange has designated 
the

[[Page 28473]]

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

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

    \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).
---------------------------------------------------------------------------

    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 (``BYX Equities'') to (i) eliminate Add 
Volume Tier 6 and (ii) modify criteria in certain Add and Remove Volume 
Tiers, effective June 1, 2018.
    By way of background, for orders that yield fee codes B, V, and Y, 
the Exchange assesses a standard transaction fee of $0.0019 per share 
for orders that add liquidity for securities at or above $1.00. The 
Exchange also currently offers six tiers under footnote 1 that offer 
reduced fees for orders that add liquidity yielding fee codes B, V, and 
Y. The Exchange first proposes to eliminate Add Volume Tier 6. Add 
Volume Tier 6 currently provides Members a reduced fee of $0.0017 per 
share where a MPID (i) has an ADAV \6\ of greater than or equal to 
0.10% of the TCV \7\ and (ii) has a Step-Up ADAV \8\ of greater or 
equal to 0.05% of the TCV from September 2017 baseline. The Exchange no 
longer wishes to maintain this tier level. As such, the Exchange 
proposes to eliminate Add Volume Tier 6 from the Fees Schedule and 
renumber the subsequent Volume Tiers accordingly.
---------------------------------------------------------------------------

    \6\ ``ADAV'' means average daily volume calculated as the number 
of shares added per day. ADAV is calculated on a monthly basis. See 
BYX Equities Exchange 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 BYX Equities Exchange Fee Schedule.
    \8\ ``Step-Up ADAV'' means ADAV in the relevant baseline month 
subtracted from current ADAV. See BYX Equities Exchange Fee 
Schedule.
---------------------------------------------------------------------------

    The Exchange next proposes to modify the criteria for Add Volume 
Tiers 2 and 3. Pursuant to Add Volume Tier 2, a Member will be assessed 
a reduced fee of $0.0013 per share where a Member adds an ADAV greater 
than or equal to 0.40% of the TCV. The Exchange proposes to increase 
the ADAV requirement to greater than or equal to 0.45% of the TCV. 
Pursuant to Add Volume Tier 3, a Member will be assessed a reduced fee 
of $0.0012 per share where a Member adds an ADAV greater than or equal 
to 0.80% of the TCV. The Exchange proposes to increase the ADAV 
requirement to greater than or equal to 1.00% of the TCV.
    The Exchange next proposes to modify the criteria for Remove Volume 
Tiers 8 and 9. Currently, for orders that yield fee codes N, W, and BB, 
the Exchange provides a rebate of $0.0005 per share for orders that 
remove liquidity for securities at or above $1.00. The Exchange 
currently offers four tiers under footnote 1 that offer enhanced 
rebates for orders that remove liquidity yielding fee codes BB, N, and 
W. Pursuant to Remove Volume Tier 8 (proposed to be renumbered to 
Remove Volume Tier 7), a Member will receive an enhanced rebate of 
$0.0016 per share where a Member (i) has a Step-Up Remove \9\ TCV from 
July 2017 greater than or equal to 0.05% and (ii) has a remove ADV \10\ 
greater than or equal to 0.20% of TCV. The Exchange proposes to modify 
the second prong to increase the ADV requirement to greater than or 
equal to 0.25% of the TCV.
---------------------------------------------------------------------------

    \9\ ``Step-Up Remove TCV'' means remove ADV as a percentage of 
TCV in the relevant baseline month subtracted from current remove 
ADV as a percentage of TCV. See BYX Equities Exchange Fee Schedule.
    \10\ ``ADV'' means average daily volume calculated as the number 
of shares added or removed, combined, per day. ADV is calculated on 
a monthly basis. See BYX Equities Exchange Fee Schedule.
---------------------------------------------------------------------------

    Pursuant to Remove Volume Tier 9 (proposed to be renumbered Remove 
Volume Tier 8), a Member will receive an enhanced rebate of $0.0017 per 
share where a Member (i) has a Step-Up Remove TCV from December 2017 
greater than or equal to 0.075% and (ii) has an ADV greater than or 
equal to 0.10% of TCV. The Exchange proposes to modify the first prong 
to increase the Step-Up Remove TCV from 0.075% to 0.10% of TCV. The 
Exchange notes that the modification to the first prong renders the 
second prong unnecessary, as the second prong criteria will always be 
met if the proposed first prong criteria is met. The Exchange therefore 
proposes to eliminate the second prong of Remove Volume Tier 9.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\11\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \12\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. Additionally, 
the Exchange believes the proposed rule change is consistent with 
Section 6(b)(4) of the Act,\13\ which requires that Exchange rules 
provide for the equitable allocation of reasonable dues, fees, and 
other charges among its Members and other persons using its facilities.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposal to eliminate Add Volume 
Tier 6 is reasonable, fair, and equitable because the current tier is 
not providing the desired result of incentivizing

[[Page 28474]]

Members to increase their participation in BYX Equities. Therefore, 
eliminating the tier will have a negligible effect on order flow and 
market behavior. The Exchange believes the proposed change is not 
unfairly discriminatory because it 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 Add/Remove 
Volume Tiers 2, 3, 8 and 9 makes such tiers 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 
reduced fees and enhanced rebates, as applicable, made available by the 
tiers. 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.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange does not believe 
that any of the proposed change to the Exchange's tiered pricing 
structure burden competition, but instead, that they enhance 
competition as they are intended to increase the competitiveness of BYX 
by modifying pricing incentives in order to attract order flow and 
incentivize participants to increase their participation on the 
Exchange. The Exchange notes that it operates in a highly competitive 
market in which market participants can readily direct order flow to 
competing venues if they deem fee structures to be unreasonable or 
excessive. The Exchange does not believe the proposed amendments would 
burden intramarket competition as they would be available to all 
Members uniformly.

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

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

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \14\ and paragraph (f) of Rule 19b-4 
thereunder.\15\ 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.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-CboeBYX-2018-007 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-CboeBYX-2018-007. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-CboeBYX-2018-007 and should be submitted 
on or before July 10, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-13085 Filed 6-18-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               28472                          Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Notices

                                                 (3) Publish notice of the computer                    to recover any overpayment from the                      2. RRB–22, Railroad Retirement,
                                               matching program in the Federal                         accrual of social security benefits. This              Survivor, and Pensioner Benefit System,
                                               Register;                                               information is not available from any                  May 15, 2015 (80 FR 28018)
                                                 (4) Furnish detailed reports about                    other source.                                            The applicable SSA Privacy Act
                                               matching programs to Congress and                         c. The SSA will receive from RRB                     Systems of Records used and their
                                               OMB;                                                    earnings information on selected                       Federal Register citation used in the
                                                 (5) Notify applicants and beneficiaries               individuals. The transfer of information               matching program are:
                                               that their records are subject to                       may be initiated either by RRB or by                     1. SSA 60–0058, Master Files of
                                               matching; and                                           SSA. SSA needs this information to                     Social Security Number (SSN) Holders
                                                 (6) Verify match findings before                      determine eligibility to Social Security               and SSN Applications (the Enumeration
                                               reducing, suspending, terminating, or                   benefits and, if eligibility is met, to                System), last published on December 29,
                                               denying a person’s benefits or                          determine the benefit amount payable.                  2010 (75 FR 82121), July 5, 2013 (78 FR
                                               payments. The last notice for this                      Section 18 of the Railroad Retirement                  40542), and February 13, 2014 (79 FR
                                               matching program was published in the                   Act (45 U.S.C. 231q(2)) requires that                  8780).
                                               Federal Register on November 9, 2015                    earnings considered as compensation                      2. SSA/OS, 60–0059, Earnings
                                               (80 FR 69253).                                          under the Railroad Retirement Act be                   Recording and Self-Employment Income
                                                 Participating agencies: Railroad                      considered as wages under the Social                   System (MEF), last published on
                                               Retirement Board (RRB) and the Social                   Security Act for the purposes of                       January 11, 2006 (71 FR 1819), July 5,
                                               Security Administration (SSA), Match                    determining entitlement under the                      2013 (78 FR 40542).
                                               #1007.                                                  Social Security Act if the person has                    3. SSA/ORSIS 60–0090, Master
                                                 Authority for conducting the                          less than 10 years of railroad service or              Beneficiary Record (MBR), last
                                               matching program: Section 7(b)(7) of the                has 10 or more years of service but does               published on January 11, 2006 (71 FR
                                               Railroad Retirement Act (45 U.S.C.                      not have a current connection with the                 1826), December 10, 2007 (72 FR
                                               231f(b)(7)) provides that the Social                    railroad industry at the time of his/her               69723), and July 5, 2013 (78 FR 40542).
                                               Security Administration shall supply                    death.                                                   4. SSA/ODISSIS 60–103,
                                               information necessary to administer the                   2. Weekly exchange: The SSA will                     Supplemental Security Income Record
                                               Railroad Retirement Act. Sections 202,                  receive from the RRB earnings                          and Special Veteran Benefits last
                                               205(o) and 215(f) of the Social Security                information for all railroad employees.                published on January 11, 2006 (71 FR
                                               Act (42 U.S.C. 402, 405(o) and 415(f))                  SSA will match the identifying                         1830), December 10, 2007 (72 FR
                                               relate to benefit provisions, inclusion of              information of the records furnished by                69723).
                                               railroad compensation together with                     the RRB against the identifying                          5. SSA/OPB 60–0269, Prisoner
                                               wages for payment of benefits under                     information contained in its Master                    Update Processing System (PUPS), last
                                               certain circumstances, and the re-                      Benefit Record and its Master Earnings                 published on March 8, 1999 (64 FR
                                               computation of benefits.                                File. If there is a match, SSA will use                11076), December 10, 2007 (72 FR
                                                                                                       the RRB earnings to adjust the amount                  69723), and July 5, 2013 (78 FR 40542).
                                               Purposes
                                                                                                       of Social Security benefits in its Annual
                                                  1. Daily exchanges:                                                                                           Dated: June 14, 2018.
                                                                                                       Earnings Reappraisal Operation. This
                                                  a. The RRB will obtain from SSA a                                                                             By authority of the Board.
                                                                                                       information is available from no other
                                               record of the wages reported to SSA for                 source.                                                Martha Rico-Parra,
                                               persons who have applied for benefits                     Yearly exchange: The RRB will                        Secretary to the Board.
                                               under the Railroad Retirement Act and                   receive from SSA a copy of SSA’s                       [FR Doc. 2018–13103 Filed 6–18–18; 8:45 am]
                                               a record of the amount of benefits paid                 Master Benefit Record for earmarked                    BILLING CODE 7905–01–P
                                               by that agency to persons who are                       RRB annuitants. Section 7(b)(7)) of the
                                               receiving or have applied for benefits                  Railroad Retirement Act (45 U.S.C.
                                               under the Railroad Retirement Act. The                  231f(b)(7)) requires that SSA provide the              SECURITIES AND EXCHANGE
                                               wage information is needed to compute                   requested information. The RRB needs                   COMMISSION
                                               the amount of the tier I annuity                        this information to make the necessary
                                               component provided by sections 3(a),                                                                           [Release No. 34–83426; File No. SR–
                                                                                                       cost-of-living computation adjustments
                                               4(a) and 4(f) of the Railroad Retirement                                                                       CboeBYX–2018–007]
                                                                                                       quickly and accurately for those RRB
                                               Act (45 U.S.C. 231b(a), 45 U.S.C. 231c(a)               annuitants who are also SSA                            Self-Regulatory Organizations; Cboe
                                               and 45 U.S.C. 231c(f)). The benefit                     beneficiaries.                                         BYX Exchange, Inc.; Notice of Filing
                                               information is needed to adjust the tier                  Categories of individuals: All                       and Immediate Effectiveness of a
                                               I annuity component for the receipt of                  applicants for benefits under the                      Proposed Rule Change Related to Fees
                                               the Social Security benefit. This                       Railroad Retirement Act and current
                                               information is available from no other                  beneficiaries will have a record of any                June 13, 2018.
                                               source.                                                 social security wages and the amount of                   Pursuant to Section 19(b)(1) of the
                                                  b. The RRB will receive from SSA the                 any social security benefits furnished to              Securities Exchange Act of 1934,1 and
                                               amount of certain social security                       the RRB by SSA. In addition, all persons               Rule 19b–4 thereunder,2 notice is
                                               benefits which the RRB pays on behalf                   who ever worked in the railroad                        hereby given that on June 1, 2018, Cboe
                                               of SSA. Section 7(b)(2) of the Railroad                 industry after 1936 will have a record of              BYX Exchange, Inc. (‘‘Exchange’’ or
                                               Retirement Act (45 U.S.C. 231f(b)(2))                   their service and compensation                         ‘‘BYX’’) filed with the Securities and
                                               provides that the RRB shall make the                    furnished to SSA by RRB.                               Exchange Commission (‘‘Commission’’)
daltland on DSKBBV9HB2PROD with NOTICES




                                               payment of certain social security                        Systems of records: The applicable                   the proposed rule change as described
                                               benefits. The RRB also requires this                    RRB Privacy Act Systems of Records                     in Items I, II and III below, which Items
                                               information in order to adjust the                      and their Federal Register citation used               have been prepared by the Exchange.
                                               amount of any annuity due to the                        in the matching program are:                           The Exchange has designated the
                                               receipt of a social security benefit.                     1. RRB–5, Master File of Railroad
                                               Section 10(a) of the Railroad Retirement                Employees’ Creditable Compensation,                      1 15   U.S.C. 78s(b)(1).
                                               Act (45 U.S.C. 231i(a)) permits the RRB                 September 30, 2014 (79 FR 58877)                         2 17   CFR 240.19b–4.



                                          VerDate Sep<11>2014   17:55 Jun 18, 2018   Jkt 244001   PO 00000   Frm 00064   Fmt 4703   Sfmt 4703   E:\FR\FM\19JNN1.SGM     19JNN1


                                                                              Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Notices                                                   28473

                                               proposed rule change as one                             1 that offer reduced fees for orders that              remove ADV 10 greater than or equal to
                                               establishing or changing a member due,                  add liquidity yielding fee codes B, V,                 0.20% of TCV. The Exchange proposes
                                               fee, or other charge imposed by the                     and Y. The Exchange first proposes to                  to modify the second prong to increase
                                               Exchange under Section 19(b)(3)(A)(ii)                  eliminate Add Volume Tier 6. Add                       the ADV requirement to greater than or
                                               of the Act 3 and Rule 19b–4(f)(2)                       Volume Tier 6 currently provides                       equal to 0.25% of the TCV.
                                               thereunder,4 which renders the                          Members a reduced fee of $0.0017 per                     Pursuant to Remove Volume Tier 9
                                               proposed rule change effective upon                     share where a MPID (i) has an ADAV 6                   (proposed to be renumbered Remove
                                               filing with the Commission. The                         of greater than or equal to 0.10% of the               Volume Tier 8), a Member will receive
                                               Commission is publishing this notice to                 TCV 7 and (ii) has a Step-Up ADAV 8 of                 an enhanced rebate of $0.0017 per share
                                               solicit comments on the proposed rule                   greater or equal to 0.05% of the TCV                   where a Member (i) has a Step-Up
                                               change from interested persons.                         from September 2017 baseline. The                      Remove TCV from December 2017
                                                                                                       Exchange no longer wishes to maintain                  greater than or equal to 0.075% and (ii)
                                               I. Self-Regulatory Organization’s                                                                              has an ADV greater than or equal to
                                                                                                       this tier level. As such, the Exchange
                                               Statement of the Terms of Substance of                                                                         0.10% of TCV. The Exchange proposes
                                                                                                       proposes to eliminate Add Volume Tier
                                               the Proposed Rule Change                                                                                       to modify the first prong to increase the
                                                                                                       6 from the Fees Schedule and renumber
                                                  The Exchange filed a proposal to                     the subsequent Volume Tiers                            Step-Up Remove TCV from 0.075% to
                                               amend the fee schedule applicable to                    accordingly.                                           0.10% of TCV. The Exchange notes that
                                               Members 5 and non-Members of the                           The Exchange next proposes to                       the modification to the first prong
                                               Exchange pursuant to BYX Rules 15.1(a)                  modify the criteria for Add Volume                     renders the second prong unnecessary,
                                               and (c).                                                Tiers 2 and 3. Pursuant to Add Volume                  as the second prong criteria will always
                                                  The text of the proposed rule change                 Tier 2, a Member will be assessed a                    be met if the proposed first prong
                                               is available at the Exchange’s website at               reduced fee of $0.0013 per share where                 criteria is met. The Exchange therefore
                                               www.markets.cboe.com, at the principal                  a Member adds an ADAV greater than                     proposes to eliminate the second prong
                                               office of the Exchange, and at the                      or equal to 0.40% of the TCV. The                      of Remove Volume Tier 9.
                                               Commission’s Public Reference Room.                     Exchange proposes to increase the                      2. Statutory Basis
                                               II. Self-Regulatory Organization’s                      ADAV requirement to greater than or                       The Exchange believes the proposed
                                               Statement of the Purpose of, and                        equal to 0.45% of the TCV. Pursuant to                 rule change is consistent with the
                                               Statutory Basis for, the Proposed Rule                  Add Volume Tier 3, a Member will be                    Securities Exchange Act of 1934 (the
                                               Change                                                  assessed a reduced fee of $0.0012 per                  ‘‘Act’’) and the rules and regulations
                                                                                                       share where a Member adds an ADAV                      thereunder applicable to the Exchange
                                                 In its filing with the Commission, the                greater than or equal to 0.80% of the
                                               Exchange included statements                                                                                   and, in particular, the requirements of
                                                                                                       TCV. The Exchange proposes to increase                 Section 6(b) of the Act.11 Specifically,
                                               concerning the purpose of and basis for                 the ADAV requirement to greater than
                                               the proposed rule change and discussed                                                                         the Exchange believes the proposed rule
                                                                                                       or equal to 1.00% of the TCV.                          change is consistent with the Section
                                               any comments it received on the
                                                                                                          The Exchange next proposes to                       6(b)(5) 12 requirements that the rules of
                                               proposed rule change. The text of these
                                                                                                       modify the criteria for Remove Volume                  an exchange be designed to prevent
                                               statements may be examined at the
                                                                                                       Tiers 8 and 9. Currently, for orders that              fraudulent and manipulative acts and
                                               places specified in Item IV below. The
                                                                                                       yield fee codes N, W, and BB, the                      practices, to promote just and equitable
                                               Exchange has prepared summaries, set
                                                                                                       Exchange provides a rebate of $0.0005                  principles of trade, to foster cooperation
                                               forth in Sections A, B, and C below, of
                                                                                                       per share for orders that remove                       and coordination with persons engaged
                                               the most significant parts of such
                                                                                                       liquidity for securities at or above $1.00.            in regulating, clearing, settling,
                                               statements.
                                                                                                       The Exchange currently offers four tiers               processing information with respect to,
                                               (A) Self-Regulatory Organization’s                      under footnote 1 that offer enhanced                   and facilitating transactions in
                                               Statement of the Purpose of, and                        rebates for orders that remove liquidity               securities, to remove impediments to
                                               Statutory Basis for, the Proposed Rule                  yielding fee codes BB, N, and W.                       and perfect the mechanism of a free and
                                               Change                                                  Pursuant to Remove Volume Tier 8                       open market and a national market
                                                                                                       (proposed to be renumbered to Remove                   system, and, in general, to protect
                                               1. Purpose
                                                                                                       Volume Tier 7), a Member will receive                  investors and the public interest.
                                                  The Exchange proposes to amend its                   an enhanced rebate of $0.0016 per share                Additionally, the Exchange believes the
                                               fee schedule applicable to its equities                 where a Member (i) has a Step-Up                       proposed rule change is consistent with
                                               trading platform (‘‘BYX Equities’’) to (i)              Remove 9 TCV from July 2017 greater                    Section 6(b)(4) of the Act,13 which
                                               eliminate Add Volume Tier 6 and (ii)                    than or equal to 0.05% and (ii) has a                  requires that Exchange rules provide for
                                               modify criteria in certain Add and                                                                             the equitable allocation of reasonable
                                               Remove Volume Tiers, effective June 1,                     6 ‘‘ADAV’’ means average daily volume calculated    dues, fees, and other charges among its
                                               2018.                                                   as the number of shares added per day. ADAV is         Members and other persons using its
                                                  By way of background, for orders that                calculated on a monthly basis. See BYX Equities        facilities.
                                                                                                       Exchange Fee Schedule.
                                               yield fee codes B, V, and Y, the                           7 ‘‘TCV’’ means total consolidated volume
                                                                                                                                                                 The Exchange believes that the
                                               Exchange assesses a standard                            calculated as the volume reported by all exchanges     proposal to eliminate Add Volume Tier
                                               transaction fee of $0.0019 per share for                and trade reporting facilities to a consolidated       6 is reasonable, fair, and equitable
                                               orders that add liquidity for securities at             transaction reporting plan for the month for which     because the current tier is not providing
                                               or above $1.00. The Exchange also                       the fees apply. See BYX Equities Exchange Fee
                                                                                                                                                              the desired result of incentivizing
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                                                                                                       Schedule.
                                               currently offers six tiers under footnote                  8 ‘‘Step-Up ADAV’’ means ADAV in the relevant
                                                                                                                                                                10 ‘‘ADV’’ means average daily volume calculated
                                                                                                       baseline month subtracted from current ADAV. See
                                                 3 15 U.S.C. 78s(b)(3)(A)(ii).                         BYX Equities Exchange Fee Schedule.                    as the number of shares added or removed,
                                                 4 17 CFR 240.19b–4(f)(2).                                9 ‘‘Step-Up Remove TCV’’ means remove ADV as        combined, per day. ADV is calculated on a monthly
                                                 5 The term ‘‘Member’’ is defined as ‘‘any             a percentage of TCV in the relevant baseline month     basis. See BYX Equities Exchange Fee Schedule.
                                                                                                                                                                11 15 U.S.C. 78f(b).
                                               registered broker or dealer that has been admitted      subtracted from current remove ADV as a
                                                                                                                                                                12 15 U.S.C. 78f(b)(5).
                                               to membership in the Exchange.’’ See Exchange           percentage of TCV. See BYX Equities Exchange Fee
                                               Rule 1.5(n).                                            Schedule.                                                13 15 U.S.C. 78f(b)(4).




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                                               28474                          Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Notices

                                               Members to increase their participation                 (C) Self-Regulatory Organization’s                       Commission and any person, other than
                                               in BYX Equities. Therefore, eliminating                 Statement on Comments on the                             those that may be withheld from the
                                               the tier will have a negligible effect on               Proposed Rule Change Received From                       public in accordance with the
                                               order flow and market behavior. The                     Members, Participants or Others                          provisions of 5 U.S.C. 552, will be
                                               Exchange believes the proposed change                     The Exchange has not solicited, and                    available for website viewing and
                                               is not unfairly discriminatory because it               does not intend to solicit, comments on                  printing in the Commission’s Public
                                               will apply equally to all Members.                      this proposed rule change. The                           Reference Room, 100 F Street NE,
                                                                                                       Exchange has not received any                            Washington, DC 20549, on official
                                                  The Exchange next notes that volume-                                                                          business days between the hours of
                                               based discounts such as those currently                 unsolicited written comments from
                                                                                                       Members or other interested parties.                     10:00 a.m. and 3:00 p.m. Copies of the
                                               maintained on the Exchange have been                                                                             filing also will be available for
                                               widely adopted by exchanges and are                     III. Date of Effectiveness of the                        inspection and copying at the principal
                                               equitable and non-discriminatory                        Proposed Rule Change and Timing for                      office of the Exchange. All comments
                                               because they are open to all Members on                 Commission Action                                        received will be posted without change.
                                               an equal basis and provide additional                      The foregoing rule change has become                  Persons submitting comments are
                                               benefits or discounts that are reasonably               effective pursuant to Section 19(b)(3)(A)                cautioned that we do not redact or edit
                                               related to the value of an exchange’s                   of the Act 14 and paragraph (f) of Rule                  personal identifying information from
                                               market quality associated with higher                   19b–4 thereunder.15 At any time within                   comment submissions. You should
                                               levels of market activity, such as higher               60 days of the filing of the proposed rule               submit only information that you wish
                                               levels of liquidity provision and/or                    change, the Commission summarily may                     to make available publicly. All
                                               growth patterns, and introduction of                    temporarily suspend such rule change if                  submissions should refer to File
                                               higher volumes of orders into the price                 it appears to the Commission that such                   Number SR–CboeBYX–2018–007 and
                                               and volume discovery processes. While                   action is necessary or appropriate in the                should be submitted on or before July
                                               the proposed modification to Add/                       public interest, for the protection of                   10, 2018.
                                               Remove Volume Tiers 2, 3, 8 and 9                       investors, or otherwise in furtherance of                  For the Commission, by the Division of
                                               makes such tiers slightly more difficult                the purposes of the Act.                                 Trading and Markets, pursuant to delegated
                                               to attain, it is intended to incentivize                IV. Solicitation of Comments                             authority.16
                                               Members to send additional volume to                                                                             Eduardo A. Aleman,
                                                                                                         Interested persons are invited to
                                               the Exchange in an effort to qualify or                 submit written data, views, and                          Assistant Secretary.
                                               continue to qualify for the reduced fees                arguments concerning the foregoing,                      [FR Doc. 2018–13085 Filed 6–18–18; 8:45 am]
                                               and enhanced rebates, as applicable,                    including whether the proposed rule                      BILLING CODE 8011–01–P
                                               made available by the tiers. As such, the               change is consistent with the Act.
                                               Exchange also believes that the                         Comments may be submitted by any of
                                               proposed changes are reasonable. The                    the following methods:                                   SECURITIES AND EXCHANGE
                                               Exchange notes that increased volume                                                                             COMMISSION
                                                                                                       Electronic Comments
                                               on the Exchange provides greater
                                               trading opportunities for all market                      • Use the Commission’s internet                        [Release No. 34–83421; File No. SR–
                                               participants.                                           comment form (http://www.sec.gov/                        NASDAQ–2018–044]
                                                                                                       rules/sro.shtml); or
                                               (B) Self-Regulatory Organization’s                        • Send an email to rule-comments@                      Self-Regulatory Organizations; The
                                               Statement on Burden on Competition                      sec.gov. Please include File Number SR–                  Nasdaq Stock Market LLC; Notice of
                                                                                                       CboeBYX–2018–007 on the subject line.                    Filing and Immediate Effectiveness of
                                                  The Exchange does not believe that                                                                            Proposed Rule Change To Amend The
                                               the proposed rule change will impose                    Paper Comments                                           Nasdaq Options Market LLC (‘‘NOM’’)
                                               any burden on competition not                              • Send paper comments in triplicate                   Rules at Supplementary Material to
                                               necessary or appropriate in furtherance                 to Secretary, Securities and Exchange                    Chapter III, Section 7, Entitled
                                               of the purposes of the Act. The                         Commission, 100 F Street NE,                             ‘‘Position Limits,’’ and Section 9,
                                               Exchange does not believe that any of                   Washington, DC 20549–1090.                               Entitled ‘‘Exercise Limits’’
                                               the proposed change to the Exchange’s                   All submissions should refer to File
                                                                                                                                                                June 13, 2018.
                                               tiered pricing structure burden                         Number SR–CboeBYX–2018–007. This
                                               competition, but instead, that they                     file number should be included on the                       Pursuant to Section 19(b)(1) of the
                                               enhance competition as they are                         subject line if email is used. To help the               Securities Exchange Act of 1934
                                               intended to increase the                                Commission process and review your                       (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               competitiveness of BYX by modifying                     comments more efficiently, please use                    notice is hereby given that on June 11,
                                               pricing incentives in order to attract                  only one method. The Commission will                     2018, The Nasdaq Stock Market LLC
                                               order flow and incentivize participants                 post all comments on the Commission’s                    (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the
                                               to increase their participation on the                  internet website (http://www.sec.gov/                    Securities and Exchange Commission
                                               Exchange. The Exchange notes that it                    rules/sro.shtml). Copies of the                          (‘‘Commission’’) the proposed rule
                                               operates in a highly competitive market                 submission, all subsequent                               change as described in Items I, II, and
                                                                                                       amendments, all written statements                       III below, which Items have been
                                               in which market participants can
                                                                                                       with respect to the proposed rule                        prepared by the Exchange. The
daltland on DSKBBV9HB2PROD with NOTICES




                                               readily direct order flow to competing
                                                                                                       change that are filed with the                           Commission is publishing this notice to
                                               venues if they deem fee structures to be
                                                                                                       Commission, and all written                              solicit comments on the proposed rule
                                               unreasonable or excessive. The                                                                                   change from interested persons.
                                                                                                       communications relating to the
                                               Exchange does not believe the proposed                  proposed rule change between the
                                               amendments would burden intramarket                                                                                16 17 CFR 200.30–3(a)(12).
                                               competition as they would be available                    14 15 U.S.C. 78s(b)(3)(A).                               1 15 U.S.C. 78s(b)(1).
                                               to all Members uniformly.                                 15 17 CFR 240.19b–4(f).                                  2 17 CFR 240.19b–4.




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Document Created: 2018-07-02 11:21:58
Document Modified: 2018-07-02 11:21:58
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 28472 

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