83 FR 28675 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to Physical Port Fees for BZX
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 119 (June 20, 2018)
Federal Register Volume 83, Issue 119 (June 20, 2018)
| Page Range | 28675-28677 | |
| FR Document | 2018-13168 |
[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)] [Notices] [Pages 28675-28677] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13168] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-83442; File No. SR-CboeBZX-2018-037] Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to Physical Port Fees for BZX June 14, 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 June 1, 2018, Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I, II and III below, which Items have been prepared by the Exchange. The Exchange has designated the proposed rule change as one establishing or changing a member due, fee, or other charge imposed by the Exchange under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposed rule change effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ 15 U.S.C. 78s(b)(3)(A)(ii). \4\ 17 CFR 240.19b-4(f)(2). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange filed a proposal to amend its fees and rebates applicable to Members \5\ and non-Members of the Exchange pursuant to BZX Rule 15.1(a) and (c) to modify its fees for physical ports. --------------------------------------------------------------------------- \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 the Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to implement proposed changes to its fee schedule relating to physical connectivity fees, effective June 1, 2018. By way of background, a physical port is utilized by a Member or non-Member to connect to the Exchange at the data centers where the Exchange's servers are located. The Exchange currently maintains a presence in two third-party data centers: (i) The primary data center where the Exchange's business is primarily conducted on a daily basis, and (ii) a secondary data center, which is predominantly maintained for business continuity purposes. The Exchange currently assesses the following physical connectivity fees for Members and non-Members on a monthly basis: $2,000 per physical port for a 1 gigabyte circuit and $7,000 per physical port for a 10 gigabyte circuit. The Exchange proposes to increase the fees per physical ports from (i) $2,000 to $2,500 per month, per port for a 1 gigabyte circuit and (ii) $7,000 to $7,500 per month, per port for a 10 gigabyte circuit. The Exchange notes the proposed fees enable it to continue to maintain and improve its market technology and services and also notes that the proposed fee changes are in line with the amounts assessed by other exchanges for similar connections.\6\ --------------------------------------------------------------------------- \6\ See e.g., NYSE Arca Equities Fees and Charges, NYSE Arca Marketplace: Other Fees and Charges, Connectivity Fees. See also, Nasdaq Phlx LLC Pricing Schedule, Section XI, Direct Connectivity to Phlx. --------------------------------------------------------------------------- The Exchange also proposes to adopt separate physical port fees for connection to its secondary data center, which is predominantly maintained for business continuity purposes (``Disaster Recovery Systems''). Particularly, the Disaster Recovery Systems can be [[Page 28676]] accessed via physical ports in Chicago. Members and Non-Members may maintain physical ports in order to be able to connect to the Disaster Recovery Systems in case of a disaster. Currently, physical ports that are used to connect to the Disaster Recovery Systems are assessed the same fees as physical ports used to connect to the Exchange's trading system. The Exchange proposes to establish separate pricing for physical ports that are used to connect to the Disaster Recovery Systems (``Disaster Recovery Physical Ports''). Specifically, the Exchange proposes to assess a monthly fee of $2,000 per 1 gigabyte Disaster Recovery Physical Port and a monthly fee of $6,000 per 10 gigabyte Disaster Recovery Physical Port. This amount will continue to enable the Exchange to maintain the Disaster Recovery Physical Ports in case they become necessary. The Exchange notes that the Disaster Recovery Physical Ports may also be used to access the Disaster Recovery Systems for the following affiliate exchanges Cboe BZX Exchange, Inc., Cboe EDGX Exchange, Inc., Cboe EDGA Exchange, Inc., Cboe C2 Exchange, Inc., Cboe Exchange, Inc. and Cboe Futures Exchange, LLC as well. The Exchange proposes to provide that market participants will only be assessed a single fee for any Disaster Recovery Physical Port that also accesses the Disaster Recovery Systems for these exchanges.\7\ --------------------------------------------------------------------------- \7\ For example, if a market participant uses a 1 gigabyte Disaster Recovery Physical Port to connect to the Disaster Recovery Systems for both BZX and EDGX, the market participant would only be assessed one monthly fee of $2,000. --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the objectives of Section 6 of the Act,\8\ in general, and furthers the objectives of Section 6(b)(4),\9\ 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. The proposed rule change reflects a competitive pricing structure designed to incent market participants to direct their order flow to the Exchange. --------------------------------------------------------------------------- \8\ 15 U.S.C. 78f. \9\ 15 U.S.C. 78f(b)(4). --------------------------------------------------------------------------- The Exchange believes that the proposed changes are equitable and non-discriminatory in that it applies uniformly to all Members. Members and non-Members will continue to choose whether they want more than one physical port and/or Disaster Recovery Physical Port and choose the method of connectivity based on their specific needs. All Members that voluntarily select various service options will be charged the same amount for the same services. The Exchange believes that the proposal represents an equitable allocation of reasonable dues, fees, and other charges as its fees for physical connectivity are reasonably constrained by competitive alternatives. If a particular exchange charges excessive fees for connectivity, affected Members and non-Members may opt to terminate their connectivity arrangements with that exchange, and adopt a possible range of alternative strategies, including routing to the applicable exchange through another participant or market center or taking that exchange's data indirectly. Accordingly, if the Exchange charges excessive fees, it would stand to lose not only connectivity revenues but also revenues associated with the execution of orders routed to it, and, to the extent applicable, market data revenues. The Exchange believes that this competitive dynamic imposes powerful restraints on the ability of any exchange to charge unreasonable fees for connectivity. Furthermore, the proposed rule change is also an equitable allocation of reasonable dues, fees, and other charges as the Exchange believes that the proposed increased physical port fees will enable it to cover its infrastructure costs associated with establishing physical ports to connect to the Exchange's systems. The additional revenue from the increased fees will also enable the Exchange to continue to maintain and improve its market technology and services. Similarly, the Exchange believes the proposed fees for the Disaster Recovery Physical Ports will allow the Exchange to maintain the Disaster Recovery Physical Ports in case they become necessary. Lastly, the Exchange believes the fees remain competitive with those charged by other venues and therefore continue to be reasonable and equitably allocated to Members.\10\ --------------------------------------------------------------------------- \10\ See e.g., NYSE Arca Equities Fees and Charges, NYSE Arca Marketplace: Other Fees and Charges, Connectivity Fees. See also, Nasdaq Phlx LLC Pricing Schedule, Section XI, Direct Connectivity to Phlx. --------------------------------------------------------------------------- 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. As discussed above, the Exchange believes that fees for connectivity are constrained by the robust competition for order flow among exchanges and non-exchange markets. 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. Additionally, Members may opt to disfavor the Exchange's pricing if they believe that alternatives offer them better value. Further, excessive fees for connectivity would serve to impair an exchange's ability to compete for order flow rather than burdening competition. 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. --------------------------------------------------------------------------- \11\ 15 U.S.C. 78s(b)(3)(A). \12\ 17 CFR 240.19b-4(f). --------------------------------------------------------------------------- IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse 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-CboeBZX-2018-037 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange [[Page 28677]] Commission, 100 F Street NE, Washington, DC 20549-1090. All submissions should refer to File Number SR-CboeBZX-2018-037. 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 this filing will also be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CboeBZX-2018-037 and should be submitted on or before July 11, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\13\ --------------------------------------------------------------------------- \13\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-13168 Filed 6-19-18; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Notices 28675
change is consistent with the Act. For the Commission, by the Division of II. Self-Regulatory Organization’s
Comments may be submitted by any of Trading and Markets, pursuant to delegated Statement of the Purpose of, and
the following methods: authority.26 Statutory Basis for, the Proposed Rule
Eduardo A. Aleman, Change
Electronic Comments Assistant Secretary. In its filing with the Commission, the
• Use the Commission’s internet [FR Doc. 2018–13165 Filed 6–19–18; 8:45 am] Exchange included statements
comment form (http://www.sec.gov/ BILLING CODE 8011–01–P concerning the purpose of and basis for
rules/sro.shtml); or the proposed rule change and discussed
any comments it received on the
• Send an email to rule-comments@ SECURITIES AND EXCHANGE proposed rule change. The text of these
sec.gov. Please include File Number SR– COMMISSION statements may be examined at the
NYSENAT–2018–12 on the subject line. places specified in Item IV below. The
Paper Comments [Release No. 34–83442; File No. SR– Exchange has prepared summaries, set
CboeBZX–2018–037] forth in Sections A, B, and C below, of
• Send paper comments in triplicate the most significant parts of such
to Brent J. Fields, Secretary, Securities Self-Regulatory Organizations; Cboe statements.
and Exchange Commission, 100 F Street BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of A. Self-Regulatory Organization’s
NE, Washington, DC 20549–1090. Statement of the Purpose of, and the
Proposed Rule Change Related to
All submissions should refer to File Physical Port Fees for BZX Statutory Basis for, the Proposed Rule
Number SR–NYSENAT–2018–12. This Change
June 14, 2018.
file number should be included on the 1. Purpose
subject line if email is used. To help the Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the The Exchange proposes to implement
Commission process and review your
‘‘Act’’),1 and Rule 19b–4 thereunder,2 proposed changes to its fee schedule
comments more efficiently, please use relating to physical connectivity fees,
only one method. The Commission will notice is hereby given that on June 1,
2018, Cboe BZX Exchange, Inc. (the effective June 1, 2018. By way of
post all comments on the Commission’s background, a physical port is utilized
internet website (http://www.sec.gov/ ‘‘Exchange’’ or ‘‘BZX’’) filed with the
Securities and Exchange Commission by a Member or non-Member to connect
rules/sro.shtml). Copies of the to the Exchange at the data centers
submission, all subsequent (‘‘Commission’’) the proposed rule
where the Exchange’s servers are
amendments, all written statements change as described in Items I, II and III
located. The Exchange currently
below, which Items have been prepared
with respect to the proposed rule maintains a presence in two third-party
by the Exchange. The Exchange has
change that are filed with the data centers: (i) The primary data center
designated the proposed rule change as
Commission, and all written where the Exchange’s business is
one establishing or changing a member
communications relating to the primarily conducted on a daily basis,
due, fee, or other charge imposed by the
proposed rule change between the and (ii) a secondary data center, which
Exchange under Section 19(b)(3)(A)(ii)
Commission and any person, other than is predominantly maintained for
of the Act 3 and Rule 19b–4(f)(2)
those that may be withheld from the business continuity purposes. The
thereunder,4 which renders the Exchange currently assesses the
public in accordance with the proposed rule change effective upon
provisions of 5 U.S.C. 552, will be following physical connectivity fees for
filing with the Commission. The Members and non-Members on a
available for website viewing and Commission is publishing this notice to monthly basis: $2,000 per physical port
printing in the Commission’s Public solicit comments on the proposed rule for a 1 gigabyte circuit and $7,000 per
Reference Room, 100 F Street NE, change from interested persons. physical port for a 10 gigabyte circuit.
Washington, DC 20549 on official The Exchange proposes to increase the
I. Self-Regulatory Organization’s
business days between the hours of fees per physical ports from (i) $2,000
Statement of the Terms of Substance of
10:00 a.m. and 3:00 p.m. Copies of the to $2,500 per month, per port for a 1
the Proposed Rule Change
filing also will be available for gigabyte circuit and (ii) $7,000 to $7,500
inspection and copying at the principal The Exchange filed a proposal to per month, per port for a 10 gigabyte
office of the Exchange. All comments amend its fees and rebates applicable to circuit. The Exchange notes the
received will be posted without change; Members 5 and non-Members of the proposed fees enable it to continue to
the Commission does not edit personal Exchange pursuant to BZX Rule 15.1(a) maintain and improve its market
identifying information from and (c) to modify its fees for physical technology and services and also notes
submissions. Persons submitting ports. that the proposed fee changes are in line
comments are cautioned that we do not The text of the proposed rule change with the amounts assessed by other
redact or edit personal identifying is available at the Exchange’s website at exchanges for similar connections.6
information from comment submissions. www.markets.cboe.com, at the principal The Exchange also proposes to adopt
You should submit only information office of the Exchange, and at the separate physical port fees for
that you wish to make available Commission’s Public Reference Room. connection to its secondary data center,
publicly. All submissions should refer which is predominantly maintained for
business continuity purposes (‘‘Disaster
sradovich on DSK3GMQ082PROD with NOTICES
to File Number SR–NYSENAT–2018–12 26 17 CFR 200.30–3(a)(12).
and should be submitted on or before
1 15 U.S.C. 78s(b)(1). Recovery Systems’’). Particularly, the
2 17 CFR 240.19b–4. Disaster Recovery Systems can be
July 11, 2018. 3 15 U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b–4(f)(2). 6 See e.g., NYSE Arca Equities Fees and Charges,
5 The term ‘‘Member’’ is defined as ‘‘any NYSE Arca Marketplace: Other Fees and Charges,
registered broker or dealer that has been admitted Connectivity Fees. See also, Nasdaq Phlx LLC
to membership in the Exchange.’’ See Exchange Pricing Schedule, Section XI, Direct Connectivity to
Rule 1.5(n). Phlx.
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![Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Notices 28677
Commission, 100 F Street NE, SECURITIES AND EXCHANGE fees set forth in Section II.A of the
Washington, DC 20549–1090. COMMISSION Schedule of Fees. Today, the Exchange
charges all market participants route-out
All submissions should refer to File [Release No. 34–83444; File No. SR–MRX–
fees of $0.96 per contract for orders in
Number SR–CboeBZX–2018–037. This 2018–19]
Non-Penny Symbols that are routed to
file number should be included on the away exchanges in connection with the
Self-Regulatory Organizations; Nasdaq
subject line if email is used. To help the Options Order Protection and Locked/
MRX, LLC; Notice of Filing and
Commission process and review your Immediate Effectiveness of Proposed Crossed Market Plan (the ‘‘Plan’’). The
comments more efficiently, please use Rule Change To Increase Certain Exchange now proposes to increase this
only one method. The Commission will Route-Out Fees Set Forth in Section fee to $1.09 per contract for all market
post all comments on the Commission’s II.A of the Schedule of Fees participant orders in Non-Penny
internet website (http://www.sec.gov/ Symbols that are routed to away
rules/sro.shtml). Copies of the June 14, 2018. exchanges in connection with the Plan.
submission, all subsequent Pursuant to Section 19(b)(1) of the The Exchange believes that the
amendments, all written statements Securities Exchange Act of 1934 proposed increase will help offset the
with respect to the proposed rule (‘‘Act’’),1 and Rule 19b–4 thereunder,2 costs associated with routing orders
change that are filed with the notice is hereby given that on June 1, through the Plan, such as paying the
Commission, and all written 2018, Nasdaq MRX, LLC (‘‘MRX’’ or transaction fees for such executions at
‘‘Exchange’’) filed with the Securities other exchanges.
communications relating to the
and Exchange Commission
proposed rule change between the 2. Statutory Basis
(‘‘Commission’’) the proposed rule
Commission and any person, other than change as described in Items I and II The Exchange believes that its
those that may be withheld from the below, which Items have been prepared proposal is consistent with Section 6(b)
public in accordance with the by the Exchange. The Commission is of the Act,3 in general, and furthers the
provisions of 5 U.S.C. 552, will be publishing this notice to solicit objectives of Sections 6(b)(4) and 6(b)(5)
available for website viewing and comments on the proposed rule change of the Act,4 in particular, in that it
printing in the Commission’s Public from interested persons. provides for the equitable allocation of
Reference Room, 100 F Street NE, reasonable dues, fees, and other charges
Washington, DC 20549, on official I. Self-Regulatory Organization’s
among members and issuers and other
Statement of the Terms of Substance of
business days between the hours of persons using any facility, and is not
the Proposed Rule Change
10:00 a.m. and 3:00 p.m. Copies of this designed to permit unfair
filing will also be available for The Exchange proposes to a proposal discrimination between customers,
inspection and copying at the principal to increase certain route-out fees set issuers, brokers, or dealers.
office of the Exchange. All comments forth in Section II.A of the Schedule of The Exchange believes that proposed
received will be posted without change. Fees. increase in the route-out fees from $0.96
The text of the proposed rule change to $1.09 per contract for all market
Persons submitting comments are
is available on the Exchange’s website at participant orders in Non-Penny
cautioned that we do not redact or edit http://nasdaqmrx.cchwallstreet.com/, at
personal identifying information from Symbols is reasonable because it is
the principal office of the Exchange, and designed to help recoup costs associated
comment submissions. You should at the Commission’s Public Reference
submit only information that you wish with routing orders to away exchanges
Room. in connection with the Plan, such as
to make available publicly. All
II. Self-Regulatory Organization’s paying the transaction fees for such
submissions should refer to File
Statement of the Purpose of, and executions at other exchanges.
Number SR–CboeBZX–2018–037 and
Statutory Basis for, the Proposed Rule Furthermore, the Exchange notes that
should be submitted on or before July the proposed fees remain competitive
11, 2018. Change
with the fees of other options exchanges
In its filing with the Commission, the
For the Commission, by the Division of which, in addition to a fixed routing fee,
Exchange included statements
Trading and Markets, pursuant to delegated assess the actual transaction fees.5
authority.13
concerning the purpose of and basis for The Exchange believes that proposed
the proposed rule change and discussed increase in the route-out fees is
Eduardo A. Aleman, any comments it received on the
Assistant Secretary.
equitable and not unfairly
proposed rule change. The text of these discriminatory because the Exchange
[FR Doc. 2018–13168 Filed 6–19–18; 8:45 am] statements may be examined at the will apply the same route-out fees to all
BILLING CODE 8011–01–P places specified in Item IV below. The similarly situated members.
Exchange has prepared summaries, set
forth in sections A, B, and C below, of B. Self-Regulatory Organization’s
the most significant aspects of such Statement on Burden on Competition
statements. The Exchange does not believe that
A. Self-Regulatory Organization’s the proposed rule change will impose
Statement of the Purpose of, and any burden on competition not
Statutory Basis for, the Proposed Rule necessary or appropriate in furtherance
sradovich on DSK3GMQ082PROD with NOTICES
Change of the purposes of the Act. In particular,
1. Purpose 3 15 U.S.C. 78f(b).
4 15 U.S.C. 78f(b)(4) and (5).
The purpose of the proposed rule
5 For example, CBOE C2 Exchange, Inc. (‘‘C2’’)
change is to increase certain route-out charges $1.63 per routed contract for non-public
customer, non-C2 market-maker orders in non-
1 15 U.S.C. 78s(b)(1). penny classes. See C2 Fees Schedule, Section 1.A
13 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. (Transaction Fees) and Section 2 (Linkage Routing).
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Document Created: 2018-06-20 00:20:25
Document Modified: 2018-06-20 00:20:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 83 FR 28675 |
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