83_FR_29004 83 FR 28884 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Physical Port Fees for EDGX

83 FR 28884 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Physical Port Fees for EDGX

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 120 (June 21, 2018)

Page Range28884-28886
FR Document2018-13299

Federal Register, Volume 83 Issue 120 (Thursday, June 21, 2018)
[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Notices]
[Pages 28884-28886]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13299]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83450; File No. SR-CboeEDGX-2018-016]


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

June 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 June 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 its fees and rebates 
applicable to Members \5\ and non-Members of the Exchange pursuant to 
EDGX Rule 15.1(a) and (c) to modify its fees for physical ports.
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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 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\
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    \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.
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    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 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 BYX 
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 Recover Systems for these exchanges.\7\
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    \7\ For example, if a market participant uses a 1 gigabyte 
Disaster Recovery Physical Port to connect to the Disaster Recovery 
Systems for both BYX and EDGX, the market participant would only be 
assessed one monthly fee of $2,000.

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[[Page 28885]]

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.
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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.
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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-2018-016 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-2018-016. 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-CboeEDGX-2018-016 and

[[Page 28886]]

should be submitted on or before July 12, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-13299 Filed 6-20-18; 8:45 am]
BILLING CODE 8011-01-P



                                              28884                             Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices

                                              Commission, and all written                              thereunder,4 which renders the                         monthly basis: $2,000 per physical port
                                              communications relating to the                           proposed rule change effective upon                    for a 1 gigabyte circuit and $7,000 per
                                              proposed rule change between the                         filing with the Commission. The                        physical port for a 10 gigabyte circuit.
                                              Commission and any person, other than                    Commission is publishing this notice to                The Exchange proposes to increase the
                                              those that may be withheld from the                      solicit comments on the proposed rule                  fees per physical ports from (i) $2,000
                                              public in accordance with the                            change from interested persons.                        to $2,500 per month, per port for a 1
                                              provisions of 5 U.S.C. 552, will be                                                                             gigabyte circuit and (ii) $7,000 to $7,500
                                              available for website viewing and                        I. Self-Regulatory Organization’s
                                                                                                                                                              per month, per port for a 10 gigabyte
                                              printing in the Commission’s Public                      Statement of the Terms of Substance of
                                                                                                                                                              circuit. The Exchange notes the
                                              Reference Room, 100 F Street NE,                         the Proposed Rule Change
                                                                                                                                                              proposed fees enable it to continue to
                                              Washington, DC 20549 on official                            The Exchange filed a proposal to                    maintain and improve its market
                                              business days between the hours of                       amend its fees and rebates applicable to               technology and services and also notes
                                              10:00 a.m. and 3:00 p.m. Copies of the                   Members 5 and non-Members of the                       that the proposed fee changes are in line
                                              filing also will be available for                        Exchange pursuant to EDGX Rule                         with the amounts assessed by other
                                              inspection and copying at the principal                  15.1(a) and (c) to modify its fees for                 exchanges for similar connections.6
                                              offices of the Exchange. All comments                    physical ports.                                           The Exchange also proposes to adopt
                                              received will be posted without change.                     The text of the proposed rule change                separate physical port fees for
                                              Persons submitting comments are                          is available at the Exchange’s website at              connection to its secondary data center,
                                              cautioned that we do not redact or edit                  www.markets.cboe.com, at the principal                 which is predominantly maintained for
                                              personal identifying information from                    office of the Exchange, and at the                     business continuity purposes (‘‘Disaster
                                              comment submissions. You should                          Commission’s Public Reference Room.                    Recovery Systems’’). Particularly, the
                                              submit only information that you wish                                                                           Disaster Recovery Systems can be
                                                                                                       II. Self-Regulatory Organization’s
                                              to make available publicly. All                                                                                 accessed via physical ports in Chicago.
                                                                                                       Statement of the Purpose of, and
                                              submissions should refer to File                                                                                Members and Non-Members may
                                                                                                       Statutory Basis for, the Proposed Rule
                                              Number SR–NYSE–2018–28, and                                                                                     maintain physical ports in order to be
                                                                                                       Change
                                              should be submitted on or before July                                                                           able to connect to the Disaster Recovery
                                              12, 2018.                                                   In its filing with the Commission, the              Systems in case of a disaster. Currently,
                                                For the Commission, by the Division of
                                                                                                       Exchange included statements                           physical ports that are used to connect
                                              Trading and Markets, pursuant to delegated               concerning the purpose of and basis for                to the Disaster Recovery Systems are
                                              authority.56                                             the proposed rule change and discussed                 assessed the same fees as physical ports
                                              Eduardo A. Aleman,                                       any comments it received on the                        used to connect to the Exchange’s
                                              Assistant Secretary.                                     proposed rule change. The text of these                trading system. The Exchange proposes
                                              [FR Doc. 2018–13303 Filed 6–20–18; 8:45 am]
                                                                                                       statements may be examined at the                      to establish separate pricing for physical
                                                                                                       places specified in Item IV below. The                 ports that are used to connect to the
                                              BILLING CODE 8011–01–P
                                                                                                       Exchange has prepared summaries, set                   Disaster Recovery Systems (‘‘Disaster
                                                                                                       forth in Sections A, B, and C below, of                Recovery Physical Ports’’). Specifically,
                                              SECURITIES AND EXCHANGE                                  the most significant parts of such                     the Exchange proposes to assess a
                                              COMMISSION                                               statements.                                            monthly fee of $2,000 per 1 gigabyte
                                              [Release No. 34–83450; File No. SR–                      A. Self-Regulatory Organization’s                      Disaster Recovery Physical Port and a
                                              CboeEDGX–2018–016]                                       Statement of the Purpose of, and the                   monthly fee of $6,000 per 10 gigabyte
                                                                                                       Statutory Basis for, the Proposed Rule                 Disaster Recovery Physical Port. This
                                              Self-Regulatory Organizations; Cboe                      Change                                                 amount will continue to enable the
                                              EDGX Exchange, Inc.; Notice of Filing                                                                           Exchange to maintain the Disaster
                                              and Immediate Effectiveness of a                         1. Purpose                                             Recovery Physical Ports in case they
                                              Proposed Rule Change Related to                             The Exchange proposes to implement                  become necessary. The Exchange notes
                                              Physical Port Fees for EDGX                              proposed changes to its fee schedule                   that the Disaster Recovery Physical
                                                                                                       relating to physical connectivity fees,                Ports may also be used to access the
                                              June 15, 2018.                                           effective June 1, 2018. By way of                      Disaster Recovery Systems for the
                                                 Pursuant to Section 19(b)(1) of the                   background, a physical port is utilized                following affiliate exchanges Cboe BZX
                                              Securities Exchange Act of 1934 (the                     by a Member or non-Member to connect                   Exchange, Inc., Cboe BYX Exchange,
                                              ‘‘Act’’),1 and Rule 19b–4 thereunder,2                   to the Exchange at the data centers                    Inc., Cboe EDGA Exchange, Inc., Cboe
                                              notice is hereby given that on June 1,                   where the Exchange’s servers are                       C2 Exchange, Inc., Cboe Exchange, Inc.
                                              2018, Cboe EDGX Exchange, Inc. (the                      located. The Exchange currently                        and Cboe Futures Exchange, LLC as
                                              ‘‘Exchange’’ or ‘‘EDGX’’) filed with the                 maintains a presence in two third-party                well. The Exchange proposes to provide
                                              Securities and Exchange Commission                       data centers: (i) The primary data center              that market participants will only be
                                              (‘‘Commission’’) the proposed rule                       where the Exchange’s business is                       assessed a single fee for any Disaster
                                              change as described in Items I, II and III               primarily conducted on a daily basis,                  Recovery Physical Port that also
                                              below, which Items have been prepared                    and (ii) a secondary data center, which                accesses the Disaster Recover Systems
                                              by the Exchange. The Exchange has                        is predominantly maintained for                        for these exchanges.7
                                              designated the proposed rule change as                   business continuity purposes. The
                                              one establishing or changing a member                    Exchange currently assesses the                          6 See e.g., NYSE Arca Equities Fees and Charges,
                                              due, fee, or other charge imposed by the
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                       following physical connectivity fees for               NYSE Arca Marketplace: Other Fees and Charges,
                                              Exchange under Section 19(b)(3)(A)(ii)                   Members and non-Members on a
                                                                                                                                                              Connectivity Fees. See also, Nasdaq Phlx LLC
                                              of the Act 3 and Rule 19b–4(f)(2)                                                                               Pricing Schedule, Section XI, Direct Connectivity to
                                                                                                                                                              Phlx.
                                                                                                         4 17 CFR 240.19b–4(f)(2).                              7 For example, if a market participant uses a 1
                                                56 17 CFR 200.30–3(a)(12).                               5 The  term ‘‘Member’’ is defined as ‘‘any           gigabyte Disaster Recovery Physical Port to connect
                                                1 15 U.S.C. 78s(b)(1).                                 registered broker or dealer that has been admitted     to the Disaster Recovery Systems for both BYX and
                                                2 17 CFR 240.19b–4.
                                                                                                       to membership in the Exchange.’’ See Exchange          EDGX, the market participant would only be
                                                3 15 U.S.C. 78s(b)(3)(A)(ii).                          Rule 1.5(n).                                           assessed one monthly fee of $2,000.



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                                                                               Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices                                            28885

                                              2. Statutory Basis                                         costs associated with establishing                     temporarily suspend such rule change if
                                                The Exchange believes that the                           physical ports to connect to the                       it appears to the Commission that such
                                              proposed rule change is consistent with                    Exchange’s systems. The additional                     action is necessary or appropriate in the
                                              the objectives of Section 6 of the Act,8                   revenue from the increased fees will                   public interest, for the protection of
                                              in general, and furthers the objectives of                 also enable the Exchange to continue to                investors, or otherwise in furtherance of
                                                                                                         maintain and improve its market                        the purposes of the Act.
                                              Section 6(b)(4),9 in particular, as it is
                                                                                                         technology and services. Similarly, the
                                              designed to provide for the equitable                                                                             IV. Solicitation of Comments
                                                                                                         Exchange believes the proposed fees for
                                              allocation of reasonable dues, fees and                                                                             Interested persons are invited to
                                                                                                         the Disaster Recovery Physical Ports
                                              other charges among its Members and                                                                               submit written data, views, and
                                                                                                         will allow the Exchange to maintain the
                                              other persons using its facilities. The                                                                           arguments concerning the foregoing,
                                                                                                         Disaster Recovery Physical Ports in case
                                              Exchange also notes that it operates in                                                                           including whether the proposed rule
                                                                                                         they become necessary.
                                              a highly-competitive market in which                         Lastly, the Exchange believes the fees               change is consistent with the Act.
                                              market participants can readily direct                     remain competitive with those charged                  Comments may be submitted by any of
                                              order flow to competing venues if they                     by other venues and therefore continue                 the following methods:
                                              deem fee levels at a particular venue to                   to be reasonable and equitably allocated
                                              be excessive. The proposed rule change                                                                            Electronic Comments
                                                                                                         to Members.10
                                              reflects a competitive pricing structure                                                                             • Use the Commission’s internet
                                              designed to incent market participants                     B. Self-Regulatory Organization’s                      comment form (http://www.sec.gov/
                                              to direct their order flow to the                          Statement on Burden on Competition                     rules/sro.shtml); or
                                              Exchange.                                                     The Exchange does not believe that                     • Send an email to rule-comments@
                                                 The Exchange believes that the                          the proposed rule change will impose                   sec.gov. Please include File Number SR–
                                              proposed changes are equitable and                         any burden on competition not                          CboeEDGX–2018–016 on the subject
                                              non-discriminatory in that it applies                      necessary or appropriate in furtherance                line.
                                              uniformly to all Members. Members and                      of the purposes of the Act. As discussed               Paper Comments
                                              non-Members will continue to choose                        above, the Exchange believes that fees
                                              whether they want more than one                                                                                      • Send paper comments in triplicate
                                                                                                         for connectivity are constrained by the
                                              physical port and/or Disaster Recovery                                                                            to Secretary, Securities and Exchange
                                                                                                         robust competition for order flow among
                                              Physical Port and choose the method of                                                                            Commission, 100 F Street NE,
                                                                                                         exchanges and non-exchange markets.
                                              connectivity based on their specific                                                                              Washington, DC 20549–1090.
                                                                                                         The Exchange does not believe that the
                                              needs. All Members that voluntarily                        proposed changes represent a significant               All submissions should refer to File
                                              select various service options will be                     departure from previous pricing offered                Number SR–CboeEDGX–2018–016. This
                                              charged the same amount for the same                       by the Exchange or pricing offered by                  file number should be included on the
                                              services.                                                  the Exchange’s competitors.                            subject line if email is used. To help the
                                                 The Exchange believes that the                          Additionally, Members may opt to                       Commission process and review your
                                              proposal represents an equitable                           disfavor the Exchange’s pricing if they                comments more efficiently, please use
                                              allocation of reasonable dues, fees, and                   believe that alternatives offer them                   only one method. The Commission will
                                              other charges as its fees for physical                     better value. Further, excessive fees for              post all comments on the Commission’s
                                              connectivity are reasonably constrained                    connectivity would serve to impair an                  internet website (http://www.sec.gov/
                                              by competitive alternatives. If a                          exchange’s ability to compete for order                rules/sro.shtml). Copies of the
                                              particular exchange charges excessive                      flow rather than burdening competition.                submission, all subsequent
                                              fees for connectivity, affected Members                                                                           amendments, all written statements
                                              and non-Members may opt to terminate                       C. Self-Regulatory Organization’s                      with respect to the proposed rule
                                              their connectivity arrangements with                       Statement on Comments on the                           change that are filed with the
                                              that exchange, and adopt a possible                        Proposed Rule Change Received From                     Commission, and all written
                                              range of alternative strategies, including                 Members, Participants, or Others                       communications relating to the
                                              routing to the applicable exchange                           The Exchange has not solicited, and                  proposed rule change between the
                                              through another participant or market                      does not intend to solicit, comments on                Commission and any person, other than
                                              center or taking that exchange’s data                      this proposed rule change. The                         those that may be withheld from the
                                              indirectly. Accordingly, if the Exchange                   Exchange has not received any                          public in accordance with the
                                              charges excessive fees, it would stand to                  unsolicited written comments from                      provisions of 5 U.S.C. 552, will be
                                              lose not only connectivity revenues but                    Members or other interested parties.                   available for website viewing and
                                              also revenues associated with the                                                                                 printing in the Commission’s Public
                                                                                                         III. Date of Effectiveness of the                      Reference Room, 100 F Street NE,
                                              execution of orders routed to it, and, to
                                                                                                         Proposed Rule Change and Timing for                    Washington, DC 20549, on official
                                              the extent applicable, market data
                                                                                                         Commission Action                                      business days between the hours of
                                              revenues. The Exchange believes that
                                              this competitive dynamic imposes                              The foregoing rule change has become                10:00 a.m. and 3:00 p.m. Copies of this
                                              powerful restraints on the ability of any                  effective pursuant to Section 19(b)(3)(A)              filing will also be available for
                                              exchange to charge unreasonable fees                       of the Act 11 and paragraph (f) of Rule                inspection and copying at the principal
                                              for connectivity.                                          19b–4 thereunder.12 At any time within                 office of the Exchange. All comments
                                                 Furthermore, the proposed rule                          60 days of the filing of the proposed rule             received will be posted without change.
                                              change is also an equitable allocation of                  change, the Commission summarily may                   Persons submitting comments are
amozie on DSK3GDR082PROD with NOTICES1




                                              reasonable dues, fees, and other charges                                                                          cautioned that we do not redact or edit
                                              as the Exchange believes that the                            10 See e.g., NYSE Arca Equities Fees and Charges,    personal identifying information from
                                                                                                         NYSE Arca Marketplace: Other Fees and Charges,         comment submissions. You should
                                              proposed increased physical port fees                      Connectivity Fees. See also, Nasdaq Phlx LLC
                                              will enable it to cover its infrastructure                 Pricing Schedule, Section XI, Direct Connectivity to
                                                                                                                                                                submit only information that you wish
                                                                                                         Phlx.                                                  to make available publicly. All
                                                8 15   U.S.C. 78f.                                         11 15 U.S.C. 78s(b)(3)(A).                           submissions should refer to File
                                                9 15   U.S.C. 78f(b)(4).                                   12 17 CFR 240.19b–4(f).                              Number SR–CboeEDGX–2018–016 and


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                                              28886                         Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices

                                              should be submitted on or before July                   approve or disapprove the proposed                     changes in the market value on the
                                              12, 2018.                                               rule changes.9 To date, the Commission                 investments, a loss resulting from an
                                                For the Commission, by the Division of                has not received any comments on the                   event which impacts the critical
                                              Trading and Markets, pursuant to delegated              proposed rule changes. For the reasons                 services provided by LCH SA (e.g.,
                                              authority.13                                            discussed below, the Commission is                     failure in the provision of service by a
                                              Eduardo A. Aleman,                                      approving the proposed rule changes.                   third party), loss of critical contracts
                                              Assistant Secretary.                                    II. Description of the Proposed Rule                   with exchanges, or the operational or
                                              [FR Doc. 2018–13299 Filed 6–20–18; 8:45 am]             Changes 10                                             financial failure of a financial market
                                                                                                                                                             infrastructure such as an allied clearing
                                              BILLING CODE 8011–01–P                                     As a ‘‘covered clearing agency,’’ 11                house or trade repository.14
                                                                                                      LCH SA is required to, among other                        The default management process is
                                                                                                      things, ‘‘establish, implement, maintain               used to re-establish a matched book and
                                              SECURITIES AND EXCHANGE                                 and enforce written policies and
                                              COMMISSION                                                                                                     return to business as usual and therefore
                                                                                                      procedures reasonably designed to . . .                LCH SA considers it to be a recovery
                                              [Release No. 34–83451; File Nos. SR–LCH                 maintain a sound risk management                       tool.15 When pre-funded resources, such
                                              SA–2017–012 and SR–LCH SA–2017–013]                     framework for comprehensively                          as defaulter’s margin, defaulter’s default
                                                                                                      managing legal, credit, liquidity,                     fund contributions, LCH SA’s capital,
                                              Self-Regulatory Organizations; LCH                      operational, general business,                         and non-defaulters’ default fund
                                              SA; Order Approving Proposed Rule                       investment, custody, and other risks                   contributions, are no longer available to
                                              Changes Related to LCH SA’s                             that arise in or are borne by the covered              meet obligations due to member and
                                              Recovery and Wind Down Plans                            clearing agency, which . . . includes                  non-member losses, the RP lists various
                                                                                                      plans for the recovery and orderly wind-               measures and tools that LCH SA can use
                                              June 15, 2018.
                                                                                                      down of the covered clearing agency                    to return to business as usual.16 The RP
                                              I. Introduction                                         necessitated by credit losses, liquidity               is organized to discuss each tool
                                                                                                      shortfalls, losses from general business               according to the nature of the loss the
                                                 On November 30, 2017, Banque
                                                                                                      risk, or any other losses.’’ 12 The                    tool is designed to address (e.g., clearing
                                              Centrale de Compensation, which
                                                                                                      Commission has previously clarified                    member default losses, liquidity
                                              conducts business under the name LCH
                                                                                                      that it believes that such recovery and                shortfalls, operational, business, and
                                              SA (‘‘LCH SA’’), filed with the
                                                                                                      wind-down plans are ‘‘rules’’ within the               investment risks). The RP also discusses
                                              Securities and Exchange Commission
                                                                                                      meaning of Exchange Act Section 19(b)
                                              (‘‘Commission’’), pursuant to Section                                                                          the sequence in which these tools
                                                                                                      and Rule 19b–4 because such plans
                                              19(b)(1) of the Securities Exchange Act                                                                        would be used and the relative strength
                                                                                                      would constitute changes to a stated
                                              of 1934 (‘‘Act’’) 1 and Rule 19b–4                                                                             of each.17
                                                                                                      policy, practice or interpretation of a
                                              thereunder,2 a proposed rule change                                                                               When pre-funded resources have been
                                                                                                      covered clearing agency.13 Accordingly,
                                              (LCH SA–2017–012) to adopt a recovery                                                                          exhausted after a clearing member
                                                                                                      a covered clearing agency, such as LCH
                                              plan (the ‘‘RP’’). The proposed rule                                                                           default, LCH SA can call a default fund
                                                                                                      SA, must file its RP and WDP with the
                                              change was published for comment in                                                                            assessment up to a cap, request
                                                                                                      Commission.
                                              the Federal Register on December 19,                                                                           voluntary payments from all non-
                                              2017.3 On December 7, 2017, LCH SA                      A. The RP (LCH SA–2017–012)                            defaulting members, and effectuate
                                              filed with the Commission a proposed                      LCH SA’s RP seeks to maintain the                    service closure.18 In the event such tools
                                              rule change (LCH SA–2017–013) to                        continuity of critical services in times of            are unavailable, certain other business-
                                              adopt a wind down plan (‘‘WDP’’).4 The                  extreme stress and to facilitate the                   as-usual tools, such as default fund
                                              proposed rule change was published for                  recovery of LCH SA from such stress. In                additional margin, may enable LCH SA
                                              comment in the Federal Register on                      particular, the RP describes (i) the                   to collect additional resources.
                                              December 19, 2017.5 On January 23,                      scenarios and triggers for initiating                     In the event of a liquidity shortfall,
                                              2018, pursuant to Section 19(b)(2) of the               recovery measures; (ii) various recovery               LCH SA may use its central bank credit
                                              Act,6 the Commission designated a                       tools used in such recovery; and (iii) the             line to deposit securities received on
                                              longer period for Commission action on                  governance framework for managing the                  behalf of defaulting clearing members
                                              both proposed rule changes.7 On March                   RP. Each of those aspects of the RP are                and obtain liquidity.19 Other potential
                                              19, 2018 the Commission instituted                      discussed in more detail below.                        tools to manage a liquidity stress
                                              proceedings under Section 19(b)(2)(B) of                  The scenarios that could necessitate                 situation include limits with respect to
                                              the Act 8 to determine whether to                       the implementation of the RP include                   illiquid collateral, the application of
                                                                                                      the default of one or more clearing                    increased haircuts on certain types of
                                                13 17  CFR 200.30–3(a)(12).                           members, liquidity shortfalls as a result              collateral to incentivize the use of more
                                                1 15  U.S.C. 78s(b)(1).
                                                                                                      of the default of an investment                        liquid collateral, and specific liquidity
                                                 2 17 CFR 240.19b–4.
                                                                                                      counterparty of LCH SA or any other                    margins.20 LCH SA also could defer
                                                 3 Securities Exchange Act Release No. 34–82316
                                                                                                      investment losses resulting from                       funding for the settlement platform for
                                              (Dec. 13, 2017), 82 FR 60246 (Dec. 19, 2017) (SR–
                                              LCH–SA–2017–012) (‘‘Notice 012’’).                                                                             a limited period of time, but views this
                                                 4 Capitalized terms used in this order but not         9 Securities Exchange Act Release No. 34–82901       as a tool of last resort.21
                                              defined herein have the same meanings specified in      (March 19, 2018), 83 FR 12833 (March 23, 2018)            For most investment, business, and
                                              LCH SA’s rules.                                         (SR–LCH SA–2017–012; SR–LCH SA–2017–013).              operational losses, LCH SA can allocate
                                                 5 Securities Exchange Act Release No. 34–82317         10 The descriptions of the proposed rule changes
amozie on DSK3GDR082PROD with NOTICES1




                                              (Dec. 13, 2017), 82 FR 60238 (Dec. 19, 2017) (SR–       are substantially excerpted from Notice 012 and         14 See   Notice 012, 82 FR at 60247.
                                              LCH SA–2017–013) (‘‘Notice 013’’).                      Notice 013.                                             15 Id.
                                                 6 15 U.S.C. 78s(b)(2).                                 11 The term ‘‘covered clearing agency’’ is defined
                                                                                                                                                              16 Id. at 60249.
                                                 7 Securities Exchange Act Release No. 34–82570       in SEC Rule 17Ad–22(a)(5), 17 CFR 240.17Ad–
                                                                                                                                                              17 Id. at 60249–60250.
                                              (Jan. 23, 2018), 83 FR 4088 (Jan. 29, 2018) (SR–        22(a)(5).
                                                                                                                                                              18 Id. at 60249.
                                              LCH–SA–2017–012) and Securities Exchange Act              12 17 CFR 240.17Ad–22(e)(3)(ii).
                                                                                                                                                              19 Id.
                                              Release No. 34–82571 (Jan. 23, 2018), 83 FR 4081          13 Standards for Covered Clearing Agencies,
                                              (Jan. 29, 2018) (SR–LCH SA–2017–013).                   Securities Exchange Act Release No. 34–78961            20 Id.
                                                 8 15 U.S.C. 78s(b)(2)(B).                            (Sep. 28, 2016), 81 FR 70786, 70809 (Oct. 13, 2016).    21 Id.




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Document Created: 2018-06-21 01:23:00
Document Modified: 2018-06-21 01:23:00
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 28884 

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