83_FR_42336 83 FR 42175 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on the Exchange's Equity Options Platform

83 FR 42175 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on the Exchange's Equity Options Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 161 (August 20, 2018)

Page Range42175-42178
FR Document2018-17833

Federal Register, Volume 83 Issue 161 (Monday, August 20, 2018)
[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Notices]
[Pages 42175-42178]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17833]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83846; File No. SR-CboeEDGX-2018-032]


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

August 14, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on August 8, 2018, Cboe EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated the proposed rule change as one establishing or 
changing a member due, fee, or other charge imposed by the Exchange 
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders the proposed rule change effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

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

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

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

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

1. Purpose
    The Exchange proposes to amend its fee schedule for its equity 
options platform (``EDGX Options'') to (i) reduce the standard rebates 
for Complex Orders, Customer (contra Non-Customer) in Penny Pilot 
(``Penny'') and Non-Penny Pilot (``Non-Penny'') Securities; (ii) 
increase the standard rates for Market-Maker orders that remove 
liquidity in Penny and Non-Penny Securities; (iii) increase the 
standard rate for BAM Contra orders; (iv) amend the Customer Volume 
Tiers; (v) amend the Complex Customer Penny Tiers; (vi) amend the 
Complex Customer Non-Penny Tiers; and (vii) and eliminate the Complex 
Market-Maker Penny and Non-Penny Tiers.\6\
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    \6\ The Exchange initially filed the proposed fee changes on 
August 1, 2018 (SR-CboeEDGX-2018-026) for August 1, 2018 
effectiveness. On business date August 8, 2018, the Exchange 
withdrew that filing and submitted this filing.
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Complex Order, Customer (Contra Non-Customer) Penny and Non-Penny 
Rebates
    Currently, the Exchange applies fee code ZA to Customer complex 
orders that are executed on the complex order book (``COB'') with a 
non-Customer \7\ as the contra-party in Penny Securities and provides 
such orders a rebate of $0.47 per contract. The Exchange also currently 
applies fee code ZB to Customer complex orders that are executed on the 
COB with a non-Customer as the contra-party in Non-Penny Securities and 
provides such orders a rebate of $0.97 per contract. The Exchange 
proposes to reduce the rebates for these orders. Particularly, the 
Exchange proposes to reduce the rebate for Customer complex orders with 
a non-Customer as the contra party in Penny Securities from $0.47 per 
contract to $0.45 per contract. The Exchange proposes to reduce the 
rebate for Customer complex orders with a non-Customer as the contra 
party in Non-Penny Securities from $0.97 per contract to $0.80 per 
contract.
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    \7\ ``Non-Customer'' applies to any transaction that is not a 
Customer order. See EDGX Options Exchange Fee Schedule.
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Market Maker Remove Rate, Penny and Non-Penny
    By way of background, fee codes PT and NT are currently appended to 
all Market Maker orders in Penny Securities and Non-Penny Securities, 
respectively, that remove liquidity, and result in a standard fee of 
$0.19 per contract. The Exchange proposes to increase the standard fee 
of $0.19 per contract for Market Maker orders in Penny and Non-Penny 
Securities that remove liquidity to $0.23 per contract. The Exchange 
notes that this increase is in line with the amounts assessed by other 
exchanges for similar transactions.\8\
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    \8\ See e.g., Nasdaq PHLX LLC Pricing Schedule, Section II, 
Multiply Listed Options Fees. See also NYSE Arca Options Fees and 
Charges, NYSE Arca Options: Trade-Related Charges for Standard 
Options, Transaction Fee for Electronic Executions--Per Contract.

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[[Page 42176]]

BAM Contra Rate
    Fee code BB is currently appended to all Bats Auction Mechanism 
(``BAM'') Contra Orders \9\ executed in a BAM auction and is currently 
assessed $0.04 per contract. The Exchange proposes to increase the rate 
from $0.04 per contract to $0.05 per contract. The Exchange notes that 
the proposed rate is still in line with relevant rates related to price 
improvement auctions offered by other options exchanges.\10\
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    \9\ ``BAM Contra Order'' or ``Initiating Order'' is an order 
submitted by a Member entering a BAM Agency Order for execution 
within BAM that will potentially execute against the BAM Agency 
Order pursuant to Rule 21.19. See EDGX Options Exchange Fee 
Schedule.
    \10\ See e.g., Miami International Securities Exchange, LLC 
(``MIAX'') Fee Schedule, MIAX Price Improvement Mechanism 
(``PRIME'') Fees.
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Customer Volume Tiers
    By way of background, fee codes PC and NC are currently appended to 
all Customer orders in Penny Securities and Non-Penny Securities, 
respectively, and result in a standard rebate of $0.01 per contract. 
The Customer Volume Tiers in footnote 1 consist of four separate tiers, 
each providing an enhanced rebate to a Member's Customer orders that 
yield fee codes PC or NC upon satisfying monthly volume criteria 
required by the respective tier. The Exchange proposes to amend the 
volume criteria in Customer Volume Tiers 1-4. Particularly, Customer 
Volume Tier 1 provides an enhanced rebate of $0.10 per contract where a 
Member has an ADV \11\ in Customer orders greater than or equal to 
0.20% of average OCV. The Exchange proposes to increase the ADV 
requirement from 0.20% of average OCV \12\ to 0.35% of average OCV. 
Customer Volume Tier 2 provides an enhanced rebate of $0.16 per 
contract where a Member has an ADV in Customer orders greater than or 
equal to 0.40% of average OCV. The Exchange proposes to increase the 
ADV requirement of Customer Volume Tier 2 from 0.40% of average OCV to 
0.45% of average OCV. Customer Volume Tier 3 provides an enhanced 
rebate of $0.21 per contract where a Member has an ADV in Customer 
orders greater than or equal to 0.65% of average OCV. The Exchange 
proposes to increase the ADV requirement of Customer Volume Tier 3 from 
0.65% of average OCV to 0.75% of average OCV. Lastly, Customer Volume 
Tier 4 provides an enhanced rebate of $0.21 per contract where a Member 
(i) has an ADV in Customer orders greater than or equal to 0.30% of 
average OCV and (ii) has an ADV in Customer or Market Maker orders 
greater than or equal to 0.50% of average OCV. The Exchange proposes to 
increase the ADV requirements in both prongs from 0.30% of average OCV 
to 0.60% of average OCV in the first prong and from 0.50% of average 
OCV to 1.00% of average OCV in the second prong. The Exchange lastly 
proposes to reduce the enhanced rebate in Customer Tier Volume 2 from 
$0.16 per contract to $0.13 per contract.
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    \11\ ``ADV'' means average daily volume calculated as the number 
of contracts added or removed, combined, per day. ADV is calculated 
on a monthly basis. See EDGX Options Exchange Fee Schedule.
    \12\ ``OCV'' means the total equity and ETF options volume that 
clears in the Customer range at the Options Clearing Corporation 
(``OCC'') for the month for which the fees apply, excluding volume 
on any day that the Exchange experiences an Exchange System 
Disruption and on any day with a scheduled early market close See 
EDGX Options Exchange Fee Schedule.
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Complex Customer Penny Rebates and Tiers
    As noted above, fee code ZA is currently appended to all Customer 
complex orders executed on the COB with a non-Customer as the contra-
party in Penny Securities and currently results in a standard rebate of 
$0.47 per contract (as discussed above however, the Exchange is 
proposing to reduce the standard rebate for these orders to $0.45 per 
contract). The Complex Customer Tiers for Penny Securities in footnote 
1 consist of three separate tiers, each providing an enhanced rebate to 
a Member's Customer orders that yield fee code ZA upon satisfying 
monthly volume criteria required by the respective tier. The Exchange 
proposes to amend the volume criteria thresholds in Complex Customer 
Penny Tiers 1-3. Particularly, Complex Customer Penny Tier 1 currently 
provides an enhanced rebate of $0.48 per contract where a Member has an 
ADV in Customer orders greater than or equal to 0.30% of average OCV. 
The Exchange proposes to increase the ADV requirement from 0.30% of 
average OCV to 0.40% of average OCV. Complex Customer Penny Tier 2 
currently provides an enhanced rebate of $0.49 per contract where a 
Member has an ADV in Customer orders greater than or equal to 0.40% of 
average OCV. The Exchange proposes to increase the ADV requirement of 
Complex Customer Penny Tier 2 from 0.40% of average OCV to 0.55% of 
average OCV. Complex Customer Penny Tier 3 currently provides an 
enhanced rebate of $0.50 per contract where a Member has an ADV in 
Customer orders greater than or equal to 0.65% of average OCV. The 
Exchange proposes to increase the ADV requirement of Complex Customer 
Penny Tier 3 from 0.65% of average OCV to 0.75% of average OCV.
    The Exchange also proposes to amend the enhanced rebates in each of 
the Complex Customer Penny Tiers. Particularly, the Exchange proposes 
to reduce the rates as follows: In Complex Customer Penny Tier 1, 
reduce the rebate from $0.48 per contract to $0.47 per contract; in 
Complex Customer Penny Tier 2, reduce the rebate from $0.49 per 
contract to $0.48 per contract; and in Complex Customer Penny Tier 3, 
reduce the rebate from $0.50 per contract to $0.49 per contract.
Complex Customer Non-Penny Rebates and Tiers
    As noted above, fee code ZB is currently appended to all Customer 
complex orders executed on the COB with a non-Customer as the contra-
party in Non-Penny Securities and currently results in a standard 
rebate of $0.97 per contract (as discussed above however, the Exchange 
is proposing to reduce the standard rebate for these orders to $0.80 
per contract). The Complex Customer Tiers for Non-Penny Securities in 
footnote 1 consist of three separate tiers, each providing an enhanced 
rebate to a Member's Customer orders that yield fee code ZB upon 
satisfying monthly volume criteria required by the respective tier. The 
Exchange proposes to amend the volume criteria thresholds in Complex 
Customer Non-Penny Tiers 1-3. Particularly, Complex Customer Non-Penny 
Tier 1 currently provides an enhanced rebate of $0.98 per contract 
where a Member has an ADV in Customer orders greater than or equal to 
0.30% of average OCV. The Exchange proposes to increase the ADV 
requirement from 0.30% of average OCV to 0.40% of average OCV. Complex 
Customer Non-Penny Tier 2 currently provides an enhanced rebate of 
$0.99 per contract where a Member has an ADV in Customer orders greater 
than or equal to 0.40% of average OCV. The Exchange proposes to 
increase the ADV requirement of Complex Customer Non-Penny Tier 2 from 
0.40% of average OCV to 0.55% of average OCV. Complex Customer Non-
Penny Tier 3 currently provides an enhanced rebate of $1.00 per 
contract where a Member has an ADV in Customer orders greater than or 
equal to 0.65% of average OCV. The Exchange proposes to increase the 
ADV requirement of Complex Customer Non-Penny Tier 3 from 0.65% of 
average OCV to 0.75% of average OCV.
    The Exchange also proposes to reduce the enhanced rebates in each 
of the Complex Customer Non-Penny Tiers. Particularly, the Exchange 
proposes to reduce the rates as follows: In Complex

[[Page 42177]]

Customer Non-Penny Tier 1, reduce the rebate from $0.98 per contract to 
$0.85 per contract; in Complex Customer Non-Penny Tier 2, reduce the 
rebate from $0.99 per contract to $0.87 per contract; and in Complex 
Customer Non-Penny Tier 3, reduce the standard rebate from $1.00 per 
contract to $0.95 per contract.
Complex Market Maker Penny and Non-Penny Tiers
    By way of background, fee codes ZM and ZN are currently appended to 
all complex Market Maker orders in Penny Securities and Non-Penny 
Securities, respectively that add liquidity, and result in a standard 
fee of $0.50 and $1.10 per contract, respectively. The Complex Market 
Maker Volume Tiers for Penny and Non-Penny Securities under footnote 2 
consist of one tier for each program respectively, each providing a 
reduced rate to a Member's Market Makers orders that yield fee code ZM 
and ZN upon satisfying monthly volume criteria required by the 
respective tier. The Exchange no longer wishes to maintain these 
particular programs. Accordingly, the Exchange proposes to eliminate 
both Complex Market Maker Penny Tier 1 and Complex Market Maker Non-
Penny Tier 1.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder that are applicable to a national securities exchange, and, 
in particular, with the requirements of Section 6 of the Act.\13\ 
Specifically, the Exchange believes that the proposed rule change is 
consistent with Section 6(b)(4) of the Act,\14\ in that it provides for 
the equitable allocation of reasonable dues, fees and other charges 
among members and other persons using any facility or system which the 
Exchange operates or controls.
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    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(4).
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    First, the Exchange believes that it is reasonable to reduce the 
rebates for Customer complex orders that interact with non-Customer 
orders on the COB in both Penny and Non-Penny Securities, because these 
Customer complex orders still receive a rebate (albeit a lesser rebate 
than before) and because the Exchange believes these rebates will 
continue to encourage participation on the COB by entry of Customer 
orders to the Exchange. The Exchange believes the proposed changes are 
equitable and not unfairly discriminatory because they apply uniformly 
to all Customers. The Exchange notes rebates for Customer complex 
orders are designed to encourage Customer orders entered into the 
Exchange, which orders benefit all market participants by providing 
additional trading opportunities. This attracts liquidity providers and 
an increase in the activity of these market participants in turn 
facilitates tighter spreads, which may cause an additional 
corresponding increase in order flow originating from other market 
participants.
    Next, the Exchange believes the proposal to increase the standard 
fee of $0.19 per contract to $0.23 per contract for Market Maker orders 
in Penny and Non-Penny Securities that remove liquidity is reasonable 
because the proposed amount is still in line with the amounts assessed 
by other exchanges for similar transactions.\15\ The Exchange believes 
the proposed changes are equitable and not unfairly discriminatory 
because they apply uniformly to all Market Makers.
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    \15\ See e.g., Nasdaq PHLX LLC Pricing Schedule, Section II, 
Multiply Listed Options Fees. See also NYSE Arca Options Fees and 
Charges, NYSE Arca Options: Trade-Related Charges for Standard 
Options, Transaction Fee for Electronic Executions--Per Contract.
---------------------------------------------------------------------------

    The Exchange believes the proposed increase to the BAM contra rate 
is reasonable because it is a slight increase and because it is still 
in line with what other exchanges assess for similar transactions.\16\ 
Additionally the proposed rate change applies to all market 
participants uniformly.
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    \16\ See e.g., Miami International Securities Exchange, LLC 
(``MIAX'') Fee Schedule, MIAX Price Improvement Mechanism 
(``PRIME'') Fees.
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    The Exchange next notes that volume-based discounts such as those 
currently maintained on the Exchange have been widely adopted by 
options exchanges and are equitable because they are open to all 
Members on an equal basis and provide additional benefits or discounts 
that are reasonably related to (i) the value of an exchange's market 
quality; (ii) associated with higher levels of market activity, such as 
higher levels of liquidity provision and/or growth patterns; and (iii) 
introduction of higher volumes of orders into the price and volume 
discovery processes. While the proposed modifications to the existing 
(i) Customer Volume Tiers and (ii) Complex Customer Tiers in Penny and 
Non-Penny Securities, make such tiers more difficult to attain, each is 
intended to incentivize Members to send additional Customer orders 
(and/or Market Maker orders in the case of Customer Volume Tier 4) to 
the Exchange in an effort to qualify or continue to qualify for the 
enhanced rebates made available by the tiers. The Exchange notes that 
increased volume on the Exchange provides greater trading opportunities 
for all market participants. The Exchange believes the proposed changes 
are equitable and nondiscriminatory because the proposed changes apply 
uniformly to all Customers.
    With respect to the proposal to reduce rebates under (i) Customer 
Volume Tier 2, (ii) Complex Customer Penny Tiers 1, 2, and 3, and (iii) 
Complex Customer Non-Penny Tiers 1, 2, and 3, the Exchange believes the 
proposed changes are reasonable because Customers still have the 
opportunity to receive enhanced rebates (albeit lesser amounts than 
before). The Exchange believes the rebates still provide an incremental 
incentive for Customers to strive for higher tier levels, which 
provides increasingly higher rebates. The Exchange believes the 
proposed changes are equitable and nondiscriminatory because the 
proposed changes apply uniformly to all Customers.
    The Exchange believes that the proposal to eliminate the Complex 
Market Maker Penny Tier 1 and Complex Market Maker Non-Penny Tier 1 is 
reasonable, fair, and equitable because the Exchange no longer desires 
to maintain such discounts and notes that it is not required to provide 
such discounts. The Exchange believes it's equitable and not unfairly 
discriminatory because it applies uniformly to all Members.

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

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

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

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The

[[Page 42178]]

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 \17\ and paragraph (f) of Rule 19b-4 
thereunder.\18\ 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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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 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-2018-032 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-2018-032. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-CboeEDGX-2018-032 and should be 
submitted on or before September 10, 2018.
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    \19\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2018-17833 Filed 8-17-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Notices                                                      42175

                                               the interests of the general public in this                notice is hereby given that on August 8,              Non-Penny Pilot (‘‘Non-Penny’’)
                                               proceeding (Public Representative).                        2018, Cboe EDGX Exchange, Inc. (the                   Securities; (ii) increase the standard
                                                 3. Comments are due no later than                        ‘‘Exchange’’ or ‘‘EDGX’’) filed with the              rates for Market-Maker orders that
                                               August 21, 2018.                                           Securities and Exchange Commission                    remove liquidity in Penny and Non-
                                                 4. The Secretary shall arrange for                       (‘‘Commission’’) the proposed rule                    Penny Securities; (iii) increase the
                                               publication of this order in the Federal                   change as described in Items I, II and III            standard rate for BAM Contra orders;
                                               Register.                                                  below, which Items have been prepared                 (iv) amend the Customer Volume Tiers;
                                                 By the Commission.                                       by the Exchange. The Exchange has                     (v) amend the Complex Customer Penny
                                               Stacy L. Ruble,                                            designated the proposed rule change as                Tiers; (vi) amend the Complex Customer
                                               Secretary.                                                 one establishing or changing a member                 Non-Penny Tiers; and (vii) and
                                               [FR Doc. 2018–17810 Filed 8–17–18; 8:45 am]                due, fee, or other charge imposed by the              eliminate the Complex Market-Maker
                                                                                                          Exchange under Section 19(b)(3)(A)(ii)                Penny and Non-Penny Tiers.6
                                               BILLING CODE 7710–FW–P
                                                                                                          of the Act 3 and Rule 19b–4(f)(2)                     Complex Order, Customer (Contra Non-
                                                                                                          thereunder,4 which renders the                        Customer) Penny and Non-Penny
                                                                                                          proposed rule change effective upon                   Rebates
                                               POSTAL SERVICE
                                                                                                          filing with the Commission. The
                                                                                                          Commission is publishing this notice to                 Currently, the Exchange applies fee
                                               Product Change—Priority Mail                                                                                     code ZA to Customer complex orders
                                               Negotiated Service Agreement                               solicit comments on the proposed rule
                                                                                                          change from interested persons.                       that are executed on the complex order
                                               AGENCY:     Postal ServiceTM.                                                                                    book (‘‘COB’’) with a non-Customer 7 as
                                               ACTION:     Notice.                                        I. Self-Regulatory Organization’s                     the contra-party in Penny Securities and
                                                                                                          Statement of the Terms of Substance of                provides such orders a rebate of $0.47
                                               SUMMARY:    The Postal Service gives                       the Proposed Rule Change                              per contract. The Exchange also
                                               notice of filing a request with the Postal                    The Exchange filed a proposal to                   currently applies fee code ZB to
                                               Regulatory Commission to add a                             amend the fee schedule applicable to                  Customer complex orders that are
                                               domestic shipping services contract to                     Members 5 and non-Members of the                      executed on the COB with a non-
                                               the list of Negotiated Service                             Exchange pursuant to EDGX Rules                       Customer as the contra-party in Non-
                                               Agreements in the Mail Classification                      15.1(a) and (c).                                      Penny Securities and provides such
                                               Schedule’s Competitive Products List.                         The text of the proposed rule change               orders a rebate of $0.97 per contract.
                                               DATES: Date of required notice: August                     is available at the Exchange’s website at             The Exchange proposes to reduce the
                                               20, 2018.                                                  www.markets.cboe.com, at the principal                rebates for these orders. Particularly, the
                                               FOR FURTHER INFORMATION CONTACT:                           office of the Exchange, and at the                    Exchange proposes to reduce the rebate
                                               Elizabeth Reed, 202–268–3179.                              Commission’s Public Reference Room.                   for Customer complex orders with a
                                               SUPPLEMENTARY INFORMATION: The                                                                                   non-Customer as the contra party in
                                                                                                          II. Self-Regulatory Organization’s                    Penny Securities from $0.47 per
                                               United States Postal Service® hereby
                                                                                                          Statement of the Purpose of, and                      contract to $0.45 per contract. The
                                               gives notice that, pursuant to 39 U.S.C.
                                                                                                          Statutory Basis for, the Proposed Rule                Exchange proposes to reduce the rebate
                                               3642 and 3632(b)(3), on August 14,
                                                                                                          Change                                                for Customer complex orders with a
                                               2018, it filed with the Postal Regulatory
                                               Commission a USPS Request to Add                             In its filing with the Commission, the              non-Customer as the contra party in
                                               Priority Mail Contract 462 to                              Exchange included statements                          Non-Penny Securities from $0.97 per
                                               Competitive Product List. Documents                        concerning the purpose of and basis for               contract to $0.80 per contract.
                                               are available at www.prc.gov, Docket                       the proposed rule change and discussed                Market Maker Remove Rate, Penny and
                                               Nos. MC2018–206, CP2018–288.                               any comments it received on the                       Non-Penny
                                                                                                          proposed rule change. The text of these
                                               Elizabeth Reed,                                                                                                     By way of background, fee codes PT
                                                                                                          statements may be examined at the
                                               Attorney, Corporate and Postal Business Law.                                                                     and NT are currently appended to all
                                                                                                          places specified in Item IV below. The
                                               [FR Doc. 2018–17814 Filed 8–17–18; 8:45 am]                                                                      Market Maker orders in Penny
                                                                                                          Exchange has prepared summaries, set
                                                                                                                                                                Securities and Non-Penny Securities,
                                               BILLING CODE 7710–12–P                                     forth in Sections A, B, and C below, of
                                                                                                                                                                respectively, that remove liquidity, and
                                                                                                          the most significant parts of such
                                                                                                                                                                result in a standard fee of $0.19 per
                                                                                                          statements.
                                                                                                                                                                contract. The Exchange proposes to
                                               SECURITIES AND EXCHANGE
                                                                                                          A. Self-Regulatory Organization’s                     increase the standard fee of $0.19 per
                                               COMMISSION
                                                                                                          Statement of the Purpose of, and                      contract for Market Maker orders in
                                               [Release No. 34–83846; File No. SR–                        Statutory Basis for, the Proposed Rule                Penny and Non-Penny Securities that
                                               CboeEDGX–2018–032]                                         Change                                                remove liquidity to $0.23 per contract.
                                                                                                                                                                The Exchange notes that this increase is
                                               Self-Regulatory Organizations; Cboe                        1. Purpose                                            in line with the amounts assessed by
                                               EDGX Exchange, Inc.; Notice of Filing                        The Exchange proposes to amend its                  other exchanges for similar
                                               and Immediate Effectiveness of a                           fee schedule for its equity options                   transactions.8
                                               Proposed Rule Change Related to Fees                       platform (‘‘EDGX Options’’) to (i) reduce
                                               for Use on the Exchange’s Equity                           the standard rebates for Complex                         6 The Exchange initially filed the proposed fee

                                               Options Platform                                           Orders, Customer (contra Non-                         changes on August 1, 2018 (SR–CboeEDGX–2018–
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                                                                                                                                                                026) for August 1, 2018 effectiveness. On business
                                               August 14, 2018.                                           Customer) in Penny Pilot (‘‘Penny’’) and              date August 8, 2018, the Exchange withdrew that
                                                  Pursuant to Section 19(b)(1) of the                                                                           filing and submitted this filing.
                                                                                                            3 15 U.S.C. 78s(b)(3)(A)(ii).                          7 ‘‘Non-Customer’’ applies to any transaction that
                                               Securities Exchange Act of 1934 (the                         4 17 CFR 240.19b–4(f)(2).                           is not a Customer order. See EDGX Options
                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2                       5 The term ‘‘Member’’ is defined as ‘‘any           Exchange Fee Schedule.
                                                                                                          registered broker or dealer that has been admitted       8 See e.g., Nasdaq PHLX LLC Pricing Schedule,
                                                 1 15   U.S.C. 78s(b)(1).                                 to membership in the Exchange.’’ See Exchange         Section II, Multiply Listed Options Fees. See also
                                                 2 17   CFR 240.19b–4.                                    Rule 1.5(n).                                                                                      Continued




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                                               42176                          Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Notices

                                               BAM Contra Rate                                           ADV in Customer orders greater than or               0.65% of average OCV to 0.75% of
                                                  Fee code BB is currently appended to                   equal to 0.65% of average OCV. The                   average OCV.
                                               all Bats Auction Mechanism (‘‘BAM’’)                      Exchange proposes to increase the ADV                  The Exchange also proposes to amend
                                               Contra Orders 9 executed in a BAM                         requirement of Customer Volume Tier 3                the enhanced rebates in each of the
                                               auction and is currently assessed $0.04                   from 0.65% of average OCV to 0.75% of                Complex Customer Penny Tiers.
                                               per contract. The Exchange proposes to                    average OCV. Lastly, Customer Volume                 Particularly, the Exchange proposes to
                                               increase the rate from $0.04 per contract                 Tier 4 provides an enhanced rebate of                reduce the rates as follows: In Complex
                                               to $0.05 per contract. The Exchange                       $0.21 per contract where a Member (i)                Customer Penny Tier 1, reduce the
                                               notes that the proposed rate is still in                  has an ADV in Customer orders greater                rebate from $0.48 per contract to $0.47
                                               line with relevant rates related to price                 than or equal to 0.30% of average OCV                per contract; in Complex Customer
                                               improvement auctions offered by other                     and (ii) has an ADV in Customer or                   Penny Tier 2, reduce the rebate from
                                               options exchanges.10                                      Market Maker orders greater than or                  $0.49 per contract to $0.48 per contract;
                                                                                                         equal to 0.50% of average OCV. The                   and in Complex Customer Penny Tier 3,
                                               Customer Volume Tiers                                     Exchange proposes to increase the ADV                reduce the rebate from $0.50 per
                                                 By way of background, fee codes PC                      requirements in both prongs from 0.30%               contract to $0.49 per contract.
                                               and NC are currently appended to all                      of average OCV to 0.60% of average                   Complex Customer Non-Penny Rebates
                                               Customer orders in Penny Securities                       OCV in the first prong and from 0.50%                and Tiers
                                               and Non-Penny Securities, respectively,                   of average OCV to 1.00% of average
                                               and result in a standard rebate of $0.01                  OCV in the second prong. The Exchange                  As noted above, fee code ZB is
                                               per contract. The Customer Volume                         lastly proposes to reduce the enhanced               currently appended to all Customer
                                               Tiers in footnote 1 consist of four                       rebate in Customer Tier Volume 2 from                complex orders executed on the COB
                                               separate tiers, each providing an                         $0.16 per contract to $0.13 per contract.            with a non-Customer as the contra-party
                                               enhanced rebate to a Member’s                                                                                  in Non-Penny Securities and currently
                                                                                                         Complex Customer Penny Rebates and                   results in a standard rebate of $0.97 per
                                               Customer orders that yield fee codes PC                   Tiers
                                               or NC upon satisfying monthly volume                                                                           contract (as discussed above however,
                                               criteria required by the respective tier.                   As noted above, fee code ZA is                     the Exchange is proposing to reduce the
                                               The Exchange proposes to amend the                        currently appended to all Customer                   standard rebate for these orders to $0.80
                                               volume criteria in Customer Volume                        complex orders executed on the COB                   per contract). The Complex Customer
                                               Tiers 1–4. Particularly, Customer                         with a non-Customer as the contra-party              Tiers for Non-Penny Securities in
                                               Volume Tier 1 provides an enhanced                        in Penny Securities and currently                    footnote 1 consist of three separate tiers,
                                               rebate of $0.10 per contract where a                      results in a standard rebate of $0.47 per            each providing an enhanced rebate to a
                                               Member has an ADV 11 in Customer                          contract (as discussed above however,                Member’s Customer orders that yield fee
                                               orders greater than or equal to 0.20% of                  the Exchange is proposing to reduce the              code ZB upon satisfying monthly
                                               average OCV. The Exchange proposes to                     standard rebate for these orders to $0.45            volume criteria required by the
                                               increase the ADV requirement from                         per contract). The Complex Customer                  respective tier. The Exchange proposes
                                               0.20% of average OCV 12 to 0.35% of                       Tiers for Penny Securities in footnote 1             to amend the volume criteria thresholds
                                               average OCV. Customer Volume Tier 2                       consist of three separate tiers, each                in Complex Customer Non-Penny Tiers
                                               provides an enhanced rebate of $0.16                      providing an enhanced rebate to a                    1–3. Particularly, Complex Customer
                                               per contract where a Member has an                        Member’s Customer orders that yield fee              Non-Penny Tier 1 currently provides an
                                               ADV in Customer orders greater than or                    code ZA upon satisfying monthly                      enhanced rebate of $0.98 per contract
                                               equal to 0.40% of average OCV. The                        volume criteria required by the                      where a Member has an ADV in
                                               Exchange proposes to increase the ADV                     respective tier. The Exchange proposes               Customer orders greater than or equal to
                                               requirement of Customer Volume Tier 2                     to amend the volume criteria thresholds              0.30% of average OCV. The Exchange
                                               from 0.40% of average OCV to 0.45% of                     in Complex Customer Penny Tiers 1–3.                 proposes to increase the ADV
                                               average OCV. Customer Volume Tier 3                       Particularly, Complex Customer Penny                 requirement from 0.30% of average OCV
                                               provides an enhanced rebate of $0.21                      Tier 1 currently provides an enhanced                to 0.40% of average OCV. Complex
                                               per contract where a Member has an                        rebate of $0.48 per contract where a                 Customer Non-Penny Tier 2 currently
                                                                                                         Member has an ADV in Customer orders                 provides an enhanced rebate of $0.99
                                               NYSE Arca Options Fees and Charges, NYSE Arca             greater than or equal to 0.30% of                    per contract where a Member has an
                                               Options: Trade-Related Charges for Standard               average OCV. The Exchange proposes to                ADV in Customer orders greater than or
                                               Options, Transaction Fee for Electronic                   increase the ADV requirement from                    equal to 0.40% of average OCV. The
                                               Executions—Per Contract.                                  0.30% of average OCV to 0.40% of                     Exchange proposes to increase the ADV
                                                  9 ‘‘BAM Contra Order’’ or ‘‘Initiating Order’’ is an

                                               order submitted by a Member entering a BAM
                                                                                                         average OCV. Complex Customer Penny                  requirement of Complex Customer Non-
                                               Agency Order for execution within BAM that will           Tier 2 currently provides an enhanced                Penny Tier 2 from 0.40% of average
                                               potentially execute against the BAM Agency Order          rebate of $0.49 per contract where a                 OCV to 0.55% of average OCV. Complex
                                               pursuant to Rule 21.19. See EDGX Options                  Member has an ADV in Customer orders                 Customer Non-Penny Tier 3 currently
                                               Exchange Fee Schedule.
                                                  10 See e.g., Miami International Securities
                                                                                                         greater than or equal to 0.40% of                    provides an enhanced rebate of $1.00
                                               Exchange, LLC (‘‘MIAX’’) Fee Schedule, MIAX               average OCV. The Exchange proposes to                per contract where a Member has an
                                               Price Improvement Mechanism (‘‘PRIME’’) Fees.             increase the ADV requirement of                      ADV in Customer orders greater than or
                                                  11 ‘‘ADV’’ means average daily volume calculated       Complex Customer Penny Tier 2 from                   equal to 0.65% of average OCV. The
                                               as the number of contracts added or removed,              0.40% of average OCV to 0.55% of                     Exchange proposes to increase the ADV
                                               combined, per day. ADV is calculated on a monthly         average OCV. Complex Customer Penny                  requirement of Complex Customer Non-
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                                               basis. See EDGX Options Exchange Fee Schedule.
                                                  12 ‘‘OCV’’ means the total equity and ETF options      Tier 3 currently provides an enhanced                Penny Tier 3 from 0.65% of average
                                               volume that clears in the Customer range at the           rebate of $0.50 per contract where a                 OCV to 0.75% of average OCV.
                                               Options Clearing Corporation (‘‘OCC’’) for the            Member has an ADV in Customer orders                   The Exchange also proposes to reduce
                                               month for which the fees apply, excluding volume          greater than or equal to 0.65% of                    the enhanced rebates in each of the
                                               on any day that the Exchange experiences an
                                               Exchange System Disruption and on any day with
                                                                                                         average OCV. The Exchange proposes to                Complex Customer Non-Penny Tiers.
                                               a scheduled early market close See EDGX Options           increase the ADV requirement of                      Particularly, the Exchange proposes to
                                               Exchange Fee Schedule.                                    Complex Customer Penny Tier 3 from                   reduce the rates as follows: In Complex


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                                                                               Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Notices                                           42177

                                               Customer Non-Penny Tier 1, reduce the                      uniformly to all Customers. The                       continue to qualify for the enhanced
                                               rebate from $0.98 per contract to $0.85                    Exchange notes rebates for Customer                   rebates made available by the tiers. The
                                               per contract; in Complex Customer Non-                     complex orders are designed to                        Exchange notes that increased volume
                                               Penny Tier 2, reduce the rebate from                       encourage Customer orders entered into                on the Exchange provides greater
                                               $0.99 per contract to $0.87 per contract;                  the Exchange, which orders benefit all                trading opportunities for all market
                                               and in Complex Customer Non-Penny                          market participants by providing                      participants. The Exchange believes the
                                               Tier 3, reduce the standard rebate from                    additional trading opportunities. This                proposed changes are equitable and
                                               $1.00 per contract to $0.95 per contract.                  attracts liquidity providers and an                   nondiscriminatory because the
                                                                                                          increase in the activity of these market              proposed changes apply uniformly to all
                                               Complex Market Maker Penny and Non-
                                                                                                          participants in turn facilitates tighter              Customers.
                                               Penny Tiers                                                                                                         With respect to the proposal to reduce
                                                                                                          spreads, which may cause an additional
                                                 By way of background, fee codes ZM                       corresponding increase in order flow                  rebates under (i) Customer Volume Tier
                                               and ZN are currently appended to all                       originating from other market                         2, (ii) Complex Customer Penny Tiers 1,
                                               complex Market Maker orders in Penny                       participants.                                         2, and 3, and (iii) Complex Customer
                                               Securities and Non-Penny Securities,                          Next, the Exchange believes the                    Non-Penny Tiers 1, 2, and 3, the
                                               respectively that add liquidity, and                       proposal to increase the standard fee of              Exchange believes the proposed changes
                                               result in a standard fee of $0.50 and                      $0.19 per contract to $0.23 per contract              are reasonable because Customers still
                                               $1.10 per contract, respectively. The                      for Market Maker orders in Penny and                  have the opportunity to receive
                                               Complex Market Maker Volume Tiers                          Non-Penny Securities that remove                      enhanced rebates (albeit lesser amounts
                                               for Penny and Non-Penny Securities                         liquidity is reasonable because the                   than before). The Exchange believes the
                                               under footnote 2 consist of one tier for                   proposed amount is still in line with the             rebates still provide an incremental
                                               each program respectively, each                            amounts assessed by other exchanges                   incentive for Customers to strive for
                                               providing a reduced rate to a Member’s                     for similar transactions.15 The Exchange              higher tier levels, which provides
                                               Market Makers orders that yield fee                        believes the proposed changes are                     increasingly higher rebates. The
                                               code ZM and ZN upon satisfying                             equitable and not unfairly                            Exchange believes the proposed changes
                                               monthly volume criteria required by the                    discriminatory because they apply                     are equitable and nondiscriminatory
                                               respective tier. The Exchange no longer                    uniformly to all Market Makers.                       because the proposed changes apply
                                               wishes to maintain these particular                           The Exchange believes the proposed                 uniformly to all Customers.
                                               programs. Accordingly, the Exchange                        increase to the BAM contra rate is                       The Exchange believes that the
                                               proposes to eliminate both Complex                         reasonable because it is a slight increase            proposal to eliminate the Complex
                                               Market Maker Penny Tier 1 and                              and because it is still in line with what             Market Maker Penny Tier 1 and
                                               Complex Market Maker Non-Penny                             other exchanges assess for similar                    Complex Market Maker Non-Penny Tier
                                               Tier 1.                                                    transactions.16 Additionally the                      1 is reasonable, fair, and equitable
                                                                                                          proposed rate change applies to all                   because the Exchange no longer desires
                                               2. Statutory Basis
                                                                                                          market participants uniformly.                        to maintain such discounts and notes
                                                  The Exchange believes that the                             The Exchange next notes that volume-               that it is not required to provide such
                                               proposed rule change is consistent with                    based discounts such as those currently               discounts. The Exchange believes it’s
                                               the requirements of the Act and the                        maintained on the Exchange have been                  equitable and not unfairly
                                               rules and regulations thereunder that                      widely adopted by options exchanges                   discriminatory because it applies
                                               are applicable to a national securities                    and are equitable because they are open               uniformly to all Members.
                                               exchange, and, in particular, with the                     to all Members on an equal basis and
                                               requirements of Section 6 of the Act.13                                                                          B. Self-Regulatory Organization’s
                                                                                                          provide additional benefits or discounts              Statement on Burden on Competition
                                               Specifically, the Exchange believes that                   that are reasonably related to (i) the
                                               the proposed rule change is consistent                     value of an exchange’s market quality;                  The Exchange believes the proposed
                                               with Section 6(b)(4) of the Act,14 in that                 (ii) associated with higher levels of                 amendments to its fee schedule would
                                               it provides for the equitable allocation                   market activity, such as higher levels of             not impose any burden on competition
                                               of reasonable dues, fees and other                         liquidity provision and/or growth                     that is not necessary or appropriate in
                                               charges among members and other                            patterns; and (iii) introduction of higher            furtherance of the purposes of the Act.
                                               persons using any facility or system                       volumes of orders into the price and                  The Exchange does not believe that the
                                               which the Exchange operates or                             volume discovery processes. While the                 proposed changes represent a significant
                                               controls.                                                  proposed modifications to the existing                departure from previous pricing offered
                                                  First, the Exchange believes that it is                 (i) Customer Volume Tiers and (ii)                    by the Exchange or pricing offered by
                                               reasonable to reduce the rebates for                       Complex Customer Tiers in Penny and                   the Exchange’s competitors. Members
                                               Customer complex orders that interact                      Non-Penny Securities, make such tiers                 may opt to disfavor the Exchange’s
                                               with non-Customer orders on the COB                        more difficult to attain, each is intended            pricing if they believe that alternatives
                                               in both Penny and Non-Penny                                to incentivize Members to send                        offer them better value. Accordingly, the
                                               Securities, because these Customer                         additional Customer orders (and/or                    Exchange does not believe that the
                                               complex orders still receive a rebate                      Market Maker orders in the case of                    proposed change will impair the ability
                                               (albeit a lesser rebate than before) and                   Customer Volume Tier 4) to the                        of Members or competing venues to
                                               because the Exchange believes these                        Exchange in an effort to qualify or                   maintain their competitive standing in
                                               rebates will continue to encourage                                                                               the financial markets.
                                               participation on the COB by entry of
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                                                                                                            15 See e.g., Nasdaq PHLX LLC Pricing Schedule,
                                                                                                                                                                C. Self-Regulatory Organization’s
                                               Customer orders to the Exchange. The                       Section II, Multiply Listed Options Fees. See also
                                                                                                                                                                Statement on Comments on the
                                               Exchange believes the proposed changes                     NYSE Arca Options Fees and Charges, NYSE Arca
                                                                                                          Options: Trade-Related Charges for Standard           Proposed Rule Change Received From
                                               are equitable and not unfairly
                                                                                                          Options, Transaction Fee for Electronic               Members, Participants or Others
                                               discriminatory because they apply                          Executions—Per Contract.
                                                                                                            16 See e.g., Miami International Securities           The Exchange has not solicited, and
                                                 13 15   U.S.C. 78f.                                      Exchange, LLC (‘‘MIAX’’) Fee Schedule, MIAX           does not intend to solicit, comments on
                                                 14 15   U.S.C. 78f(b)(4).                                Price Improvement Mechanism (‘‘PRIME’’) Fees.         this proposed rule change. The


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                                               42178                          Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Notices

                                               Exchange has not received any written                   Reference Room, 100 F Street NE,                      proposed rule change, disapprove the
                                               comments from members or other                          Washington, DC 20549, on official                     proposed rule change, or institute
                                               interested parties.                                     business days between the hours of                    proceedings to determine whether the
                                                                                                       10:00 a.m. and 3:00 p.m. Copies of the                proposed rule change should be
                                               III. Date of Effectiveness of the
                                                                                                       filing also will be available for                     disapproved. The Commission is
                                               Proposed Rule Change and Timing for
                                                                                                       inspection and copying at the principal               extending this 45-day time period. The
                                               Commission Action
                                                                                                       office of the Exchange. All comments                  Commission finds that it is appropriate
                                                  The foregoing rule change has become                 received will be posted without change.               to designate a longer period within
                                               effective pursuant to Section 19(b)(3)(A)               Persons submitting comments are                       which to take action on the proposed
                                               of the Act 17 and paragraph (f) of Rule                 cautioned that we do not redact or edit               rule change so that it has sufficient time
                                               19b–4 thereunder.18 At any time within                  personal identifying information from                 to consider the proposed rule change.
                                               60 days of the filing of the proposed rule              comment submissions. You should                         Accordingly, the Commission,
                                               change, the Commission summarily may                    submit only information that you wish                 pursuant to Section 19(b)(2) of the Act,5
                                               temporarily suspend such rule change if                 to make available publicly. All                       designates October 1, 2018, as the date
                                               it appears to the Commission that such                  submissions should refer to File                      by which the Commission shall either
                                               action is necessary or appropriate in the               Number SR–CboeEDGX–2018–032 and                       approve or disapprove, or institute
                                               public interest, for the protection of                  should be submitted on or before                      proceedings to determine whether to
                                               investors, or otherwise in furtherance of               September 10, 2018.                                   disapprove, the proposed rule change
                                               the purposes of the Act.                                                                                      (File No. SR–NYSEArca–2018–40).
                                                                                                         For the Commission, by the Division of
                                               IV. Solicitation of Comments                            Trading and Markets, pursuant to delegated              For the Commission, by the Division of
                                                                                                       authority.19                                          Trading and Markets, pursuant to delegated
                                                 Interested persons are invited to                                                                           authority.6
                                                                                                       Robert W. Errett,
                                               submit written data, views, and                                                                               Robert W. Errett,
                                                                                                       Deputy Secretary.
                                               arguments concerning the foregoing,
                                                                                                       [FR Doc. 2018–17833 Filed 8–17–18; 8:45 am]           Deputy Secretary.
                                               including whether the proposed rule
                                                                                                       BILLING CODE 8011–01–P                                [FR Doc. 2018–17831 Filed 8–17–18; 8:45 am]
                                               change is consistent with the Act.
                                                                                                                                                             BILLING CODE 8011–01–P
                                               Comments may be submitted by any of
                                               the following methods:
                                                                                                       SECURITIES AND EXCHANGE
                                               Electronic Comments                                     COMMISSION                                            SECURITIES AND EXCHANGE
                                                  • Use the Commission’s internet                                                                            COMMISSION
                                                                                                       [Release No. 34–83844; File No. SR–
                                               comment form (http://www.sec.gov/                       NYSEArca–2018–40]                                     [Release No. 34–83847; File No. SR–MIAX–
                                               rules/sro.shtml); or                                                                                          2018–23]
                                                  • Send an email to rule-comments@                    Self-Regulatory Organizations; NYSE
                                               sec.gov. Please include File Number SR–                 Arca, Inc.; Notice of Designation of a                Self-Regulatory Organizations: Notice
                                               CboeEDGX–2018–032 on the subject                        Longer Period for Commission Action                   of Filing and Immediate Effectiveness
                                               line.                                                   on a Proposed Rule Change Regarding                   of a Proposed Rule Change by Miami
                                                                                                       Investments of the REX BKCM ETF                       International Securities Exchange LLC
                                               Paper Comments                                                                                                To Amend Its Fee Schedule
                                                  • Send paper comments in triplicate                  August 14, 2018.
                                                                                                          On June 26, 2018, NYSE Arca, Inc.                  August 14, 2018.
                                               to Secretary, Securities and Exchange
                                               Commission, 100 F Street NE,                            (‘‘NYSE Arca’’) filed with the Securities                Pursuant to the provisions of Section
                                               Washington, DC 20549–1090.                              and Exchange Commission                               19(b)(1) of the Securities Exchange Act
                                                                                                       (‘‘Commission’’), pursuant to Section                 of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                               All submissions should refer to File                                                                          thereunder,2 notice is hereby given that
                                                                                                       19(b)(1) of the Securities Exchange Act
                                               Number SR–CboeEDGX–2018–032. This                                                                             on August 7, 2018, Miami International
                                                                                                       of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                               file number should be included on the                                                                         Securities Exchange LLC (‘‘MIAX
                                                                                                       thereunder,2 a proposed rule change
                                               subject line if email is used. To help the                                                                    Options’’ or ‘‘Exchange’’) filed with the
                                                                                                       relating to investments of the REX
                                               Commission process and review your                                                                            Securities and Exchange Commission
                                                                                                       BKCM ETF. The proposed rule change
                                               comments more efficiently, please use                                                                         (‘‘Commission’’) a proposed rule change
                                                                                                       was published for comment in the
                                               only one method. The Commission will                                                                          as described in Items I, II, and III below,
                                                                                                       Federal Register on July 3, 2018.3 The
                                               post all comments on the Commission’s                                                                         which Items have been prepared by the
                                                                                                       Commission has received no comments
                                               internet website (http://www.sec.gov/                                                                         Exchange. The Commission is
                                                                                                       on the proposed rule change.
                                               rules/sro.shtml).                                          Section 19(b)(2) of the Act 4 provides             publishing this notice to solicit
                                                  Copies of the submission, all
                                                                                                       that within 45 days of the publication of             comments on the proposed rule change
                                               subsequent amendments, all written
                                                                                                       notice of the filing of a proposed rule               from interested persons.
                                               statements with respect to the proposed
                                                                                                       change, or within such longer period up
                                               rule change that are filed with the                                                                           I. Self-Regulatory Organization’s
                                                                                                       to 90 days as the Commission may
                                               Commission, and all written                                                                                   Statement of the Terms of Substance of
                                                                                                       designate if it finds such longer period
                                               communications relating to the                                                                                the Proposed Rule Change
                                                                                                       to be appropriate and publishes its
                                               proposed rule change between the                                                                                 The Exchange is filing a proposal to
                                                                                                       reasons for so finding or as to which the
                                               Commission and any person, other than                                                                         amend the MIAX Options Fee Schedule
                                                                                                       self-regulatory organization consents,
                                               those that may be withheld from the                                                                           (the ‘‘Fee Schedule’’).
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                                                                                                       the Commission shall either approve the
                                               public in accordance with the                                                                                    The text of the proposed rule change
                                               provisions of 5 U.S.C. 552, will be                       19 17  CFR 200.30–3(a)(12).                         is available on the Exchange’s website at
                                               available for website viewing and                         1 15  U.S.C. 78s(b)(1).
                                               printing in the Commission’s Public                        2 17 CFR 240.19b–4.                                  5 Id.

                                                                                                          3 See Securities Exchange Act Release No. 83546      6 17 CFR 200.30–3(a)(31).
                                                 17 15 U.S.C. 78s(b)(3)(A).                            (June 28, 2018), 83 FR 31214 (July 3, 2018).            1 15 U.S.C. 78s(b)(1).
                                                 18 17 CFR 240.19b–4(f).                                  4 15 U.S.C. 78s(b)(2).                               2 17 CFR 240.19b–4.




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Document Created: 2018-08-18 01:28:14
Document Modified: 2018-08-18 01:28:14
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 42175 

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