83_FR_34770 83 FR 34630 - Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on Cboe EDGA Exchange, Inc.

83 FR 34630 - Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on Cboe EDGA Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 140 (July 20, 2018)

Page Range34630-34632
FR Document2018-15505

Federal Register, Volume 83 Issue 140 (Friday, July 20, 2018)
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34630-34632]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15505]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83643; File No. SR-CboeEDGA-2018-012]


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

July 16, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on July 2, 2018, Cboe EDGA Exchange, Inc. (``Exchange'' or ``EDGA'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I, II and III below, which 
Items have been prepared by the Exchange. The Exchange has designated 
the proposed rule change as one establishing or changing a member due, 
fee, or other charge imposed by the Exchange under Section 
19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ 
which renders the proposed rule change effective upon filing with the 
Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

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

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
Sections A, B, and C below, of the most significant parts of such 
statements.

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

1. Purpose
    The Exchange proposes to amend its fee schedule to (i) amend its 
pricing model, (ii) eliminate Add Volume Tier 1 and (iii) amend certain 
routing fees, effective July 2, 2018.
    Currently, the Exchange utilizes a low pricing model under which it 
charges a low fee or provides the execution free of charge. The 
Exchange proposes to amend its fee schedule to replace its current low 
pricing model to an inverted pricing model under which the Exchange 
will charge a fee to add liquidity and provide a rebate to remove 
liquidity.
Displayed Order Fee Change
    In securities priced at or above $1.00, the Exchange currently 
charges a fee of $0.00030 per share for Displayed orders that add or 
remove liquidity. The Exchange proposes to assess a standard rate of 
$0.00080 per share for Displayed orders that add liquidity for 
securities at or above $1.00 that are appended with fee codes B, V, Y, 
3 or 4. The Exchange also proposes to provide a rebate of $0.00040 per 
share for orders that remove liquidity for securities at or above $1.00 
that are appended with fee codes N, W, 6, or BB. All Displayed orders 
in securities priced below $1.00 would continue to be free.
Non-Displayed Order Fee Change
    In securities priced at or above $1.00, the Exchange currently 
charges a fee of $0.00050 per share for Non-Displayed orders that 
remove liquidity other than orders that yield fee code DT and DR (i.e., 
orders that yield fee codes HR, MT, PT). The Exchange notes that it 
does not assess a fee or provide a rebate for Non-Displayed orders that 
remove liquidity using Midpoint Discretionary Orders within 
discretionary range and yield fee code DT. The Exchange does assess a 
fee of $0.00030 for Non-Displayed orders that remove liquidity using 
MidPoint Discretionary Orders that are not within discretionary range 
and yield fee code DR. The Exchange does not currently assess a fee or 
provide a rebate for Non-Displayed orders that add liquidity other than 
orders that yield fee code DA (i.e., orders that yield fee codes DM, 
HA, MM, RP, PA). The Exchange does assess a fee of $0.00030 per share 
for Non-

[[Page 34631]]

Displayed orders that add liquidity using Midpoint Discretionary orders 
not within dictionary range and yield fee code DA. In connection with 
its proposal to implement an inverted pricing model, and to simplify 
its fee schedule, the Exchange now proposes to provide a rebate of 
$0.00040 per share to all Non-Displayed orders in securities priced 
above $1.00 that remove liquidity and to charge $0.00080 per share to 
all Non-Displayed orders that add liquidity. The Exchange does not 
propose to amend the fees charged for Non-Displayed orders in 
securities priced below $1.00.
    Additionally, in light of the change in pricing model, the Exchange 
does not wish to maintain Add Volume Tier 1 and accordingly proposes to 
eliminate it from the fee schedule.
    The Exchange next proposes to amend certain routing fees. 
Particularly, for securities at or above $1.00, the Exchange proposes 
to amend routing fees for the following orders: (i) Routed orders, pre 
and post market, which yield fee code 7 and are charged $0.00270 per 
share, (ii) routed orders to EDGX, which yield fee code I and are 
charged $0.00290 per share; (iii) routed orders, which yield fee code X 
and are charged $0.00290 per share; (iv) routed orders using ROUX 
routing strategy, which yield fee code RX and are charged $0.00280 per 
share and (v) routed orders using ROUT routing strategy, which yield 
fee code RT and are charged $0.00260 per share. The Exchange is 
proposing to amend those rates as follows: (i) the fee for routed 
orders, pre and post market, which yield fee code 7, would be increased 
to $0.00300 per share; (ii) the fee for routed orders to EDGX, which 
yield fee code I, would be increased to $0.00300 per share; (iii) the 
fee for routed orders, which yield fee code X, would be increased to 
$0.00300 per share; (iv) the fee for routed orders using ROUX routing 
strategy, which yield fee code RX, would be increased to $0.00290 per 
share and (v) the fee for routed orders using ROUT routing strategy, 
which yield fee code RT, would be increased to $0.00280 per share. The 
Exchange notes that the proposed amounts are in line with amounts 
assessed for similar transaction on other exchanges.\6\
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    \6\ See e.g., Cboe EDGX U.S. Securities Fee Schedule, Fee Codes 
and Associated Fees. See also NYSE National, Inc. Schedule of Fees 
and Rebates, Section II, Routing Fees.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the objectives of Section 6 of the Act,\7\ in general, and 
furthers the objectives of Section 6(b)(4),\8\ 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes its proposal to replace its current low fee 
model with a taker-maker pricing model where it would charge a fee for 
adding liquidity and provide a rebate for removing liquidity is 
equitable and reasonable as it would serve to simplify its fee schedule 
to provide a standard rate for orders that add liquidity and a standard 
rebate for orders that remove liquidity, while also eliminating its 
pricing incentive under Add Volume Tier 1. The proposed fee structure 
provides a simple and straightforward model that would treat Displayed 
and Non-Displayed orders equally.
    The Exchange believes providing rebates for orders removing 
liquidity is reasonable, equitable and not unfairly discriminatory 
because it provides an incentive to bring additional liquidity to the 
Exchange, thereby promoting price discovery and enhancing order 
execution opportunities for Members. The Exchange believes that 
assessing fees for orders that add liquidity is reasonable, equitable 
and not unfairly discriminatory because the Exchange must balance the 
cost of credits for orders that remove liquidity. The Exchange believes 
the proposed changes are equitable and not unfairly discriminatory 
because they apply equally to all members. The Exchange also notes that 
other exchanges utilize taker-maker pricing models and notes that the 
proposed fees and rebates are in line with the fees and rebates 
assessed on other exchanges for similar transactions.\9\
---------------------------------------------------------------------------

    \9\ See e.g., Cboe BYX U.S. Equities Fee Schedule, Standard 
Rates, for transactions that add and remove liquidity. See also NYSE 
National, Inc. Schedule of Fees and Rebates, Section I.A General 
Rates, for transaction fees for adding liquidity.
---------------------------------------------------------------------------

    The elimination of Add Volume Tier 1 is also equitable and 
reasonable because it would aid in simplifying the fee schedule and 
result in all Members being charged the same rates for all transactions 
regardless of their monthly volumes. The proposed change also applies 
to all Members.
    The Exchange lastly believes its proposed changes relating to 
certain routing fees are reasonable taking into account routing costs 
and also notes that the proposed changes are in line with amounts 
assessed by other exchanges.\10\ The Exchange believes the proposed 
changes to its routing fees are equitable and not unfairly 
discriminatory because the proposed changes apply equally to all 
Members. The Exchange notes that routing through the Exchange is 
voluntary and also notes that it operates in a highly competitive 
market in which market participants can readily direct order flow to 
competing venues or providers of routing services if they deem fee 
levels to be excessive.
---------------------------------------------------------------------------

    \10\ See e.g., Cboe EDGX U.S. Securities Fee Schedule, Fee Codes 
and Associated Fees. See also NYSE National, Inc. Schedule of Fees 
and Rebates, Section II, Routing Fees.
---------------------------------------------------------------------------

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

    This proposed rule change does not impose any burden on competition 
that is not necessary or appropriate in furtherance of the purposes of 
the Act. The Exchange does not believe that this change represents a 
significant departure from previous pricing offered by the Exchange's 
competitors. The proposed rates and rebates would apply uniformly to 
all Members, and Members may opt to disfavor the Exchange's pricing if 
they believe that alternatives offer them better value. Accordingly, 
the Exchange does not believe that the proposed changes will impair the 
ability of Members or competing venues to maintain their competitive 
standing in the financial markets. Further, excessive fees would serve 
to impair an exchange's ability to compete for order flow and members 
rather than burdening competition. The Exchange believes that its 
proposal would not burden intramarket competition because the proposed 
rate would apply uniformly to all Members.

(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 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

[[Page 34632]]

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 rule-comments@sec.gov. Please include 
File Number SR-CboeEDGA-2018-012 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-CboeEDGA-2018-012. 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-CboeEDGA-2018-012 and should be 
submitted on or before August 10, 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. 2018-15505 Filed 7-19-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               34630                              Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices

                                               Paper Comments                                             SECURITIES AND EXCHANGE                                 Exchange has prepared summaries, set
                                                                                                          COMMISSION                                              forth in Sections A, B, and C below, of
                                                 • Send paper comments in triplicate                                                                              the most significant parts of such
                                               to Secretary, Securities and Exchange                      [Release No. 34–83643; File No. SR-
                                                                                                          CboeEDGA–2018–012]
                                                                                                                                                                  statements.
                                               Commission, 100 F Street NE,
                                               Washington, DC 20549–1090.                                                                                         (A) Self-Regulatory Organization’s
                                                                                                          Self-Regulatory Organizations; Cboe                     Statement of the Purpose of, and
                                               All submissions should refer to File                       EDGA Exchange, Inc.; Notice of Filing                   Statutory Basis for, the Proposed Rule
                                               Number SR–ISE–2018–61. This file                           and Immediate Effectiveness of a                        Change
                                               number should be included on the                           Proposed Rule Change Related to Fees
                                                                                                          for Use on Cboe EDGA Exchange, Inc.                     1. Purpose
                                               subject line if email is used. To help the
                                               Commission process and review your                         July 16, 2018.                                             The Exchange proposes to amend its
                                               comments more efficiently, please use                         Pursuant to Section 19(b)(1) of the                  fee schedule to (i) amend its pricing
                                               only one method. The Commission will                       Securities Exchange Act of 1934                         model, (ii) eliminate Add Volume Tier
                                               post all comments on the Commission’s                      (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 1 and (iii) amend certain routing fees,
                                               internet website (http://www.sec.gov/                      notice is hereby given that on July 2,                  effective July 2, 2018.
                                               rules/sro.shtml). Copies of the                            2018, Cboe EDGA Exchange, Inc.                             Currently, the Exchange utilizes a low
                                               submission, all subsequent                                 (‘‘Exchange’’ or ‘‘EDGA’’) filed with the               pricing model under which it charges a
                                               amendments, all written statements                         Securities and Exchange Commission                      low fee or provides the execution free of
                                               with respect to the proposed rule                          (‘‘Commission’’) the proposed rule                      charge. The Exchange proposes to
                                                                                                          change as described in Items I, II and III              amend its fee schedule to replace its
                                               change that are filed with the
                                                                                                          below, which Items have been prepared                   current low pricing model to an
                                               Commission, and all written
                                                                                                          by the Exchange. The Exchange has                       inverted pricing model under which the
                                               communications relating to the                                                                                     Exchange will charge a fee to add
                                               proposed rule change between the                           designated the proposed rule change as
                                                                                                          one establishing or changing a member                   liquidity and provide a rebate to remove
                                               Commission and any person, other than                                                                              liquidity.
                                               those that may be withheld from the                        due, fee, or other charge imposed by the
                                               public in accordance with the                              Exchange under Section 19(b)(3)(A)(ii)                  Displayed Order Fee Change
                                               provisions of 5 U.S.C. 552, will be                        of the Act 3 and Rule 19b–4(f)(2)
                                                                                                          thereunder,4 which renders the                            In securities priced at or above $1.00,
                                               available for website viewing and                                                                                  the Exchange currently charges a fee of
                                                                                                          proposed rule change effective upon
                                               printing in the Commission’s Public                                                                                $0.00030 per share for Displayed orders
                                                                                                          filing with the Commission. The
                                               Reference Room, 100 F Street NE,                           Commission is publishing this notice to                 that add or remove liquidity. The
                                               Washington, DC 20549, on official                          solicit comments on the proposed rule                   Exchange proposes to assess a standard
                                               business days between the hours of                         change from interested persons.                         rate of $0.00080 per share for Displayed
                                               10:00 a.m. and 3:00 p.m. Copies of the                                                                             orders that add liquidity for securities at
                                               filing also will be available for                          I. Self-Regulatory Organization’s                       or above $1.00 that are appended with
                                               inspection and copying at the principal                    Statement of the Terms of Substance of                  fee codes B, V, Y, 3 or 4. The Exchange
                                               office of the Exchange. All comments                       the Proposed Rule Change                                also proposes to provide a rebate of
                                               received will be posted without change.                       The Exchange filed a proposal to                     $0.00040 per share for orders that
                                               Persons submitting comments are                            amend the fee schedule applicable to                    remove liquidity for securities at or
                                               cautioned that we do not redact or edit                    Members 5 and non-Members of the                        above $1.00 that are appended with fee
                                               personal identifying information from                      Exchange pursuant to EDGA Rules                         codes N, W, 6, or BB. All Displayed
                                               comment submissions. You should                            15.1(a) and (c).                                        orders in securities priced below $1.00
                                                                                                             The text of the proposed rule change                 would continue to be free.
                                               submit only information that you wish
                                               to make available publicly. All                            is available at the Exchange’s website at               Non-Displayed Order Fee Change
                                               submissions should refer to File                           www.markets.cboe.com, at the principal
                                                                                                          office of the Exchange, and at the                         In securities priced at or above $1.00,
                                               Number SR–ISE–2018–61 and should be                                                                                the Exchange currently charges a fee of
                                                                                                          Commission’s Public Reference Room.
                                               submitted on or before August 10, 2018.                                                                            $0.00050 per share for Non-Displayed
                                                 For the Commission, by the Division of                   II. Self-Regulatory Organization’s                      orders that remove liquidity other than
                                               Trading and Markets, pursuant to delegated                 Statement of the Purpose of, and                        orders that yield fee code DT and DR
                                               authority.32                                               Statutory Basis for, the Proposed Rule                  (i.e., orders that yield fee codes HR, MT,
                                                                                                          Change                                                  PT). The Exchange notes that it does not
                                               Eduardo A. Aleman,
                                               Assistant Secretary.                                          In its filing with the Commission, the               assess a fee or provide a rebate for Non-
                                                                                                          Exchange included statements                            Displayed orders that remove liquidity
                                               [FR Doc. 2018–15503 Filed 7–19–18; 8:45 am]
                                                                                                          concerning the purpose of and basis for                 using Midpoint Discretionary Orders
                                               BILLING CODE 8011–01–P                                                                                             within discretionary range and yield fee
                                                                                                          the proposed rule change and discussed
                                                                                                          any comments it received on the                         code DT. The Exchange does assess a fee
                                                                                                          proposed rule change. The text of these                 of $0.00030 for Non-Displayed orders
                                                                                                          statements may be examined at the                       that remove liquidity using MidPoint
                                                                                                          places specified in Item IV below. The                  Discretionary Orders that are not within
                                                                                                                                                                  discretionary range and yield fee code
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                                                                                                               1 15
                                                                                                                 U.S.C. 78s(b)(1).                                DR. The Exchange does not currently
                                                                                                               2 17
                                                                                                                 CFR 240.19b–4.                                   assess a fee or provide a rebate for Non-
                                                                                                            3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                                                                                  Displayed orders that add liquidity
                                                                                                            4 17 CFR 240.19b–4(f)(2).
                                                                                                            5 The term ‘‘Member’’ is defined as ‘‘any
                                                                                                                                                                  other than orders that yield fee code DA
                                                                                                          registered broker or dealer that has been admitted
                                                                                                                                                                  (i.e., orders that yield fee codes DM, HA,
                                                                                                          to membership in the Exchange.’’ See Exchange           MM, RP, PA). The Exchange does assess
                                                 32 17   CFR 200.30–3(a)(12).                             Rule 1.5(n).                                            a fee of $0.00030 per share for Non-


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                                                                                Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices                                             34631

                                               Displayed orders that add liquidity                      in general, and furthers the objectives of              The Exchange believes the proposed
                                               using Midpoint Discretionary orders not                  Section 6(b)(4),8 in particular, as it is               changes to its routing fees are equitable
                                               within dictionary range and yield fee                    designed to provide for the equitable                   and not unfairly discriminatory because
                                               code DA. In connection with its                          allocation of reasonable dues, fees and                 the proposed changes apply equally to
                                               proposal to implement an inverted                        other charges among its Members and                     all Members. The Exchange notes that
                                               pricing model, and to simplify its fee                   other persons using its facilities.                     routing through the Exchange is
                                               schedule, the Exchange now proposes to                      The Exchange believes its proposal to                voluntary and also notes that it operates
                                               provide a rebate of $0.00040 per share                   replace its current low fee model with                  in a highly competitive market in which
                                               to all Non-Displayed orders in securities                a taker-maker pricing model where it                    market participants can readily direct
                                               priced above $1.00 that remove liquidity                 would charge a fee for adding liquidity                 order flow to competing venues or
                                               and to charge $0.00080 per share to all                  and provide a rebate for removing                       providers of routing services if they
                                               Non-Displayed orders that add liquidity.                 liquidity is equitable and reasonable as                deem fee levels to be excessive.
                                               The Exchange does not propose to                         it would serve to simplify its fee
                                               amend the fees charged for Non-                          schedule to provide a standard rate for                 (B) Self-Regulatory Organization’s
                                               Displayed orders in securities priced                    orders that add liquidity and a standard                Statement on Burden on Competition
                                               below $1.00.                                             rebate for orders that remove liquidity,                   This proposed rule change does not
                                                  Additionally, in light of the change in               while also eliminating its pricing                      impose any burden on competition that
                                               pricing model, the Exchange does not                     incentive under Add Volume Tier 1.                      is not necessary or appropriate in
                                               wish to maintain Add Volume Tier 1                       The proposed fee structure provides a                   furtherance of the purposes of the Act.
                                               and accordingly proposes to eliminate it                 simple and straightforward model that                   The Exchange does not believe that this
                                               from the fee schedule.                                   would treat Displayed and Non-                          change represents a significant
                                                  The Exchange next proposes to amend                   Displayed orders equally.                               departure from previous pricing offered
                                               certain routing fees. Particularly, for                     The Exchange believes providing                      by the Exchange’s competitors. The
                                               securities at or above $1.00, the                        rebates for orders removing liquidity is                proposed rates and rebates would apply
                                               Exchange proposes to amend routing                       reasonable, equitable and not unfairly                  uniformly to all Members, and Members
                                               fees for the following orders: (i) Routed                discriminatory because it provides an                   may opt to disfavor the Exchange’s
                                               orders, pre and post market, which yield                 incentive to bring additional liquidity to              pricing if they believe that alternatives
                                               fee code 7 and are charged $0.00270 per                  the Exchange, thereby promoting price                   offer them better value. Accordingly, the
                                               share, (ii) routed orders to EDGX, which                 discovery and enhancing order                           Exchange does not believe that the
                                               yield fee code I and are charged                         execution opportunities for Members.                    proposed changes will impair the ability
                                               $0.00290 per share; (iii) routed orders,                 The Exchange believes that assessing                    of Members or competing venues to
                                               which yield fee code X and are charged                   fees for orders that add liquidity is                   maintain their competitive standing in
                                               $0.00290 per share; (iv) routed orders                   reasonable, equitable and not unfairly                  the financial markets. Further, excessive
                                               using ROUX routing strategy, which                       discriminatory because the Exchange                     fees would serve to impair an
                                               yield fee code RX and are charged                        must balance the cost of credits for                    exchange’s ability to compete for order
                                               $0.00280 per share and (v) routed orders                 orders that remove liquidity. The                       flow and members rather than
                                               using ROUT routing strategy, which                       Exchange believes the proposed changes                  burdening competition. The Exchange
                                               yield fee code RT and are charged                        are equitable and not unfairly                          believes that its proposal would not
                                               $0.00260 per share. The Exchange is                      discriminatory because they apply                       burden intramarket competition because
                                               proposing to amend those rates as                        equally to all members. The Exchange                    the proposed rate would apply
                                               follows: (i) the fee for routed orders, pre              also notes that other exchanges utilize                 uniformly to all Members.
                                               and post market, which yield fee code                    taker-maker pricing models and notes
                                               7, would be increased to $0.00300 per                    that the proposed fees and rebates are in               (C) Self-Regulatory Organization’s
                                               share; (ii) the fee for routed orders to                 line with the fees and rebates assessed                 Statement on Comments on the
                                               EDGX, which yield fee code I, would be                   on other exchanges for similar                          Proposed Rule Change Received From
                                               increased to $0.00300 per share; (iii) the               transactions.9                                          Members, Participants or Others
                                               fee for routed orders, which yield fee                      The elimination of Add Volume Tier                     The Exchange has not solicited, and
                                               code X, would be increased to $0.00300                   1 is also equitable and reasonable                      does not intend to solicit, comments on
                                               per share; (iv) the fee for routed orders                because it would aid in simplifying the                 this proposed rule change. The
                                               using ROUX routing strategy, which                       fee schedule and result in all Members                  Exchange has not received any written
                                               yield fee code RX, would be increased                    being charged the same rates for all                    comments from members or other
                                               to $0.00290 per share and (v) the fee for                transactions regardless of their monthly                interested parties.
                                               routed orders using ROUT routing                         volumes. The proposed change also
                                               strategy, which yield fee code RT,                       applies to all Members.                                 III. Date of Effectiveness of the
                                               would be increased to $0.00280 per                          The Exchange lastly believes its                     Proposed Rule Change and Timing for
                                               share. The Exchange notes that the                       proposed changes relating to certain                    Commission Action
                                               proposed amounts are in line with                        routing fees are reasonable taking into                    The foregoing rule change has become
                                               amounts assessed for similar transaction                 account routing costs and also notes that               effective pursuant to Section 19(b)(3)(A)
                                               on other exchanges.6                                     the proposed changes are in line with                   of the Act 11 and paragraph (f) of Rule
                                                                                                        amounts assessed by other exchanges.10                  19b–4 thereunder.12 At any time within
                                               2. Statutory Basis
                                                                                                                                                                60 days of the filing of the proposed rule
                                                  The Exchange believes that the                             8 15
                                                                                                               U.S.C. 78f(b)(4).
                                                                                                                                                                change, the Commission summarily may
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                                                                                                             9 See
                                                                                                                e.g., Cboe BYX U.S. Equities Fee Schedule,
                                               proposed rule change is consistent with                                                                          temporarily suspend such rule change if
                                                                                                        Standard Rates, for transactions that add and
                                               the objectives of Section 6 of the Act,7                 remove liquidity. See also NYSE National, Inc.          it appears to the Commission that such
                                                                                                        Schedule of Fees and Rebates, Section I.A General       action is necessary or appropriate in the
                                                 6 See e.g., Cboe EDGX U.S. Securities Fee              Rates, for transaction fees for adding liquidity.
                                               Schedule, Fee Codes and Associated Fees. See also          10 See e.g., Cboe EDGX U.S. Securities Fee
                                                                                                                                                                public interest, for the protection of
                                               NYSE National, Inc. Schedule of Fees and Rebates,        Schedule, Fee Codes and Associated Fees. See also
                                               Section II, Routing Fees.                                                                                          11 15   U.S.C. 78s(b)(3)(A).
                                                                                                        NYSE National, Inc. Schedule of Fees and Rebates,
                                                 7 15 U.S.C. 78f.                                       Section II, Routing Fees.                                 12 17   CFR 240.19b–4(f).



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                                               34632                            Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices

                                               investors, or otherwise in furtherance of                  For the Commission, by the Division of                A. Self-Regulatory Organization’s
                                               the purposes of the Act.                                 Trading and Markets, pursuant to delegated              Statement of the Purpose of, and
                                                                                                        authority.13                                            Statutory Basis for, the Proposed Rule
                                               IV. Solicitation of Comments                             Eduardo A. Aleman,                                      Change
                                                 Interested persons are invited to                      Assistant Secretary.
                                                                                                                                                                1. Purpose
                                               submit written data, views, and                          [FR Doc. 2018–15505 Filed 7–19–18; 8:45 am]
                                               arguments concerning the foregoing,                      BILLING CODE 8011–01–P                                    MRX proposes to amend Rule 723,
                                               including whether the proposed rule                                                                              entitled ‘‘Price Improvement
                                               change is consistent with the Act.                                                                               Mechanism for Crossing Transactions.’’
                                               Comments may be submitted by any of                      SECURITIES AND EXCHANGE                                 Specifically, the Exchange proposes to
                                               the following methods:                                   COMMISSION                                              amend Rule 723(c)(2) to expand the
                                               Electronic Comments                                      [Release No. 34–83646; File No. SR–MRX–                 types of Improvement Orders 3 that may
                                                                                                        2018–24]                                                be entered into the Price Improvement
                                                  • Use the Commission’s internet                                                                               Mechanism or ‘‘PIM.’’ The Exchange
                                               comment form (http://www.sec.gov/                        Self-Regulatory Organizations; Nasdaq                   also proposes to amend Rule 723(d)(1)–
                                               rules/sro.shtml); or                                     MRX, LLC; Notice of Filing and                          (3) to more specifically clarify terms
                                                  • Send an email to rule-comments@                     Immediate Effectiveness of Proposed                     such as ‘‘orders’’ and ‘‘responses’’ in
                                               sec.gov. Please include File Number SR–                  Rule Change to Amend MRX Rule 723                       that section.
                                               CboeEDGA–2018–012 on the subject                         July 16, 2018,                                          Background
                                               line.                                                       Pursuant to Section 19(b)(1) of the
                                               Paper Comments                                           Securities Exchange Act of 1934 (the                       The Exchange adopted PIM as part of
                                                                                                        ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  its application to be registered as a
                                                 • Send paper comments in triplicate                    notice is hereby given that on July 5,                  national securities exchange.4 In
                                               to Secretary, Securities and Exchange                    2018, Nasdaq MRX, LLC (‘‘MRX’’ or                       approving PIM, the Commission noted
                                               Commission, 100 F Street NE,                             ‘‘Exchange’’) filed with the Securities                 that it was largely based on a similar
                                               Washington, DC 20549–1090.                               and Exchange Commission (‘‘SEC’’ or                     functionality offered by the
                                               All submissions should refer to File                     ‘‘Commission’’) the proposed rule                       International Securities Exchange, LLC
                                               Number SR-CboeEDGA–2018–012. This                        change as described in Items I and II                   (now Nasdaq ISE, LLC) (‘‘ISE’’).5 ISE
                                               file number should be included on the                    below, which Items have been prepared                   received approval to establish its PIM in
                                               subject line if email is used. To help the               by the Exchange. The Commission is                      2004 that would allow an ISE Electronic
                                               Commission process and review your                       publishing this notice to solicit                       Access Member (‘‘EAM’’) to enter
                                               comments more efficiently, please use                    comments on the proposed rule change                    matched trades (‘‘Crossing
                                               only one method. The Commission will                     from interested persons.                                Transactions’’).6 As noted in the
                                               post all comments on the Commission’s                                                                            Adopting Filing, a Crossing Transaction
                                                                                                        I. Self-Regulatory Organization’s                       would be comprised of an order that the
                                               internet website (http://www.sec.gov/                    Statement of the Terms of Substance of
                                               rules/sro.shtml). Copies of the                                                                                  EAM represents as agent (‘‘Agency
                                                                                                        the Proposed Rule Change                                Order’’) and an order that is executable
                                               submission, all subsequent
                                               amendments, all written statements                          The Exchange proposes to amend                       against the Agency Order for the full
                                               with respect to the proposed rule                        MRX Rule 723, entitled ‘‘Price                          size of the Agency Order (the ‘‘Counter-
                                               change that are filed with the                           Improvement Mechanism for Crossing                      Side Order’’).7 In the Adopting Filing,
                                               Commission, and all written                              Transactions.’’                                         ISE specified in Rule 723(c)(2) that
                                               communications relating to the                              The text of the proposed rule change                 Improvement Orders may be for the
                                               proposed rule change between the                         is available on the Exchange’s website at               account of a Public Customer or for the
                                               Commission and any person, other than                    http://nasdaqmrx.cchwallstreet.com/, at                 Member’s own account.8 The Adopting
                                               those that may be withheld from the                      the principal office of the Exchange, and               Filing noted that ISE would broadcast
                                               public in accordance with the                            at the Commission’s Public Reference
                                               provisions of 5 U.S.C. 552, will be                      Room.                                                      3 Rule 723(c)(1) defines an Improvement Order.

                                                                                                                                                                The Exchange will designate via circular a time of
                                               available for website viewing and                        II. Self-Regulatory Organization’s                      no less than 100 milliseconds and no more than 1
                                               printing in the Commission’s Public                      Statement of the Purpose of, and                        second for Members to indicate the size and price
                                               Reference Room, 100 F Street NE,                         Statutory Basis for, the Proposed Rule                  at which they want to participate in the execution
                                               Washington, DC 20549, on official                                                                                of the Agency Order (‘‘Improvement Orders’’).
                                                                                                        Change                                                     4 See Securities Exchange Act Release No. 76998
                                               business days between the hours of
                                                                                                          In its filing with the Commission, the                (January 29, 2016), 81 FR 6066 (February 4, 2016)
                                               10:00 a.m. and 3:00 p.m. Copies of the                                                                           (File No. 10–221) (Exchange Approval Order).The
                                                                                                        Exchange included statements
                                               filing also will be available for                                                                                Exchange subsequently changed its name to ISE
                                                                                                        concerning the purpose of and basis for                 Mercury and then later Nasdaq MRX.
                                               inspection and copying at the principal
                                                                                                        the proposed rule change and discussed                     5 Id.
                                               office of the Exchange. All comments
                                                                                                        any comments it received on the                            6 See Securities Exchange Act Release No. 50819
                                               received will be posted without change.
                                                                                                        proposed rule change. The text of these                 (December 8, 2004), 69 FR 75093 (December 15,
                                               Persons submitting comments are                                                                                  2004) (SR–ISE–2003–06) (Order Granting Approval
                                                                                                        statements may be examined at the
                                               cautioned that we do not redact or edit                                                                          of Proposed Rule Change and Amendment No. 1
                                                                                                        places specified in Item IV below. The                  Thereto and Notice of Filing and Order Granting
                                               personal identifying information from
                                                                                                        Exchange has prepared summaries, set
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                                Accelerated Approval to Amendments No. 2 and 3
                                               comment submissions. You should
                                                                                                        forth in sections A, B, and C below, of                 Thereto by the International Securities Exchange,
                                               submit only information that you wish                                                                            Inc. To Establish Rules Implementing a Price
                                                                                                        the most significant aspects of such
                                               to make available publicly. All                                                                                  Improvement Mechanism) (‘‘Adopting Filing’’).
                                                                                                        statements.
                                               submissions should refer to File                                                                                    7 The Counter-Side Order may represent interest

                                               Number SR–CboeEDGA–2018–012 and                                                                                  for the EAM’s own account, or interest the EAM has
                                                                                                             13 17 CFR 200.30–3(a)(12).                         solicited from one or more other parties, or a
                                               should be submitted on or before                              1 15 U.S.C. 78s(b)(1).                             combination of both.
                                               August 10, 2018.                                              2 17 CFR 240.19b–4.                                   8 Id.




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Document Created: 2018-07-20 01:18:50
Document Modified: 2018-07-20 01:18:50
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 34630 

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