83 FR 42329 - 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 162 (August 21, 2018)
Federal Register Volume 83, Issue 162 (August 21, 2018)
| Page Range | 42329-42330 | |
| FR Document | 2018-17960 |
[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)] [Notices] [Pages 42329-42330] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17960] [[Page 42329]] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-83855; File No. SR-CboeEDGA-2018-014] 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. August 15, 2018. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on August 1, 2018, Cboe EDGA Exchange, Inc. (the ``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. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ 15 U.S.C. 78s(b)(3)(A)(ii). \4\ 17 CFR 240.19b-4(f)(2). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange filed a proposal to amend the Exchange's fee schedule applicable to its equities trading platform to: (1) Eliminate rebates provided to orders in securities priced above $1.00 that remove liquidity from the Exchange's order book under fee codes DR, DT, HR, MT, and PT, and (2) increase the routing fee charged to orders routed to Investors Exchange LLC using the DIRC routing strategy under fee code IX. The text of the proposed rule change is available at the Exchange's website at www.markets.cboe.com, at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant parts of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to amend the Exchange's fee schedule applicable to its equities trading platform (``EDGA Equities'') to: (1) Eliminate rebates provided to orders in securities priced above $1.00 that remove liquidity from the Exchange's order book under fee codes DR,\5\ DT,\6\ HR,\7\ MT,\8\ and PT,\9\ and (2) increase the routing fee charged to orders routed to Investors Exchange LLC (``IEX'') using the DIRC \10\ routing strategy under fee code IX.\11\ --------------------------------------------------------------------------- \5\ DR and DT are associated with MidPoint Discretionary Orders (``MDOs'') that remove liquidity, either not within discretionary range (i.e., DR) or within discretionary range (i.e., DT). \6\ Id. \7\ HR is associated with Non-Displayed orders that remove liquidity. \8\ MT is associated with Non-Displayed orders that remove liquidity using Mid-Point Peg. \9\ PT is associated with orders that remove liquidity from EDGA using RMPT or RMPL routing strategy. \10\ Destination Specific or ``DIRC'' is a routing option under which an order checks the System for available shares and then is sent to an away trading center or centers specified by the User. See Rule 11.11(g)(14). \11\ IX is associated with orders routed to IEX using the DIRC routing strategy. --------------------------------------------------------------------------- Fee Codes DR, DT, HR, MT, and PT: Non-Displayed Remove Fee The Exchange charges fees based on an inverted fee structure where orders are provided rebates for removing liquidity and charged a fee for adding liquidity. Currently, both displayed and non-displayed orders in securities priced at or above $1.00 are provided a rebate of $0.00040 for removing liquidity. The Exchange proposes to eliminate the rebate for orders that remove liquidity from the Exchange's order book under fee codes DR, DT, HR, MT, and PT, which all relate to liquidity removing orders that contain either an explicit non-displayed instruction or a non-displayed discretionary component.\12\ Orders executed under these fee codes will receive free executions instead of a rebate. --------------------------------------------------------------------------- \12\ While MDOs may be displayed or non-displayed, these orders contain a non-displayed discretionary component to execute at prices up (down) to and including the midpoint of the NBBO. See Rule 11.8(e). --------------------------------------------------------------------------- Fee Code IX: IEX Routing Fees Currently, the fee schedule provides that orders in securities priced at or above $1.00 routed to IEX using the Destination Specific (i.e., ``DIRC'') routing strategy are charged a fee of $0.0010 per share under fee code IX. The Exchange proposes to increase the routing fee charged to orders routed to IEX to $0.0030 so that the Exchange can recoup increased costs associated with routing order flow to that market. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the objectives of Section 6 of the Act,\13\ in general, and furthers the objectives of Section 6(b)(4),\14\ 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. --------------------------------------------------------------------------- \13\ 15 U.S.C. 78f. \14\ 15 U.S.C. 78f(b)(4). --------------------------------------------------------------------------- Fee Codes DR, DT, HR, MT, and PT: Non-Displayed Remove Fee The Exchange believes that the proposed fees for non-displayed orders are reasonable. While the Exchange currently provides a rebate for both displayed and non-displayed orders that remove liquidity, the Exchange has determined to instead charge no fee for non-displayed orders. This change is designed to incentivize Members to enter displayed liquidity on the Exchange since displayed orders would be eligible for rebates when removing liquidity while non-displayed orders would not. Furthermore, the Exchange's inverted fee structure would continue to incentivize liquidity takers since orders that remove liquidity would remain eligible for better pricing--including rebates for displayed orders and free executions for non-displayed orders--than orders that add liquidity and are charged a fee. In addition, the Exchange believes that this change is equitable and not unfairly discriminatory because the proposed taker fees would apply equally to all Members that choose to enter non-displayed orders. Members that would prefer to receive a rebate for orders that remove liquidity can utilize a range of displayed order types offered by the Exchange, thereby promoting a more transparent market. Fee Code IX: IEX Routing Fees As other exchanges amend the fees charged for accessing liquidity, the Exchange believes that it is appropriate [[Page 42330]] to amend its own routing fees so that it can recoup costs associated with routing orders to such away markets. The Exchange believes that the proposed fees for orders routed to IEX are reasonable and equitable because they reflect the costs associated with executing orders on IEX and additional operational expenses incurred by the Exchange. The Exchange is proposing to increase its routing fees due to an announced change in IEX's fee schedule that would result in a significant increase in the transaction fees being charged by IEX to some orders, including orders routed by the Exchange.\15\ The Exchange believes that it is reasonable and equitable to pass these increased costs to Members that use the Exchange to route orders to that market. Members that do not wish to pay the proposed fee can send their routable orders directly to IEX instead of using routing functionality provided by the Exchange. The Exchange also believes that this change is equitable and not unfairly discriminatory because the proposed fees would apply equally to all Members that use the Exchange to route orders to IEX using the DIRC routing strategy. Routing through the Exchange is voluntary, and the Exchange operates in a competitive environment where market participants can readily direct order flow to competing venues or providers of routing services if they deem fee levels to be excessive. --------------------------------------------------------------------------- \15\ See SR-IEX-2018-16 (pending publication). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act, as amended. The proposed changes to the non-displayed remove fees are designed to incentivize displayed liquidity, which the Exchange believes will benefit all market participants by encouraging a transparent and competitive market. Furthermore, the proposed change to the IEX routing fee is meant to recoup costs associated with executing orders on that market, and is therefore not designed to have any significant impact on competition. The Exchange operates in a highly competitive market in which market participants can readily direct their order flow to competing venues. In such an environment, the Exchange must continually review, and consider adjusting, its fees and rebates to remain competitive with other exchanges. For the reasons described above, the Exchange believes that the proposed fee changes reflect this competitive environment. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were either solicited or received. 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\16\ and paragraph (f) of Rule 19b-4 thereunder.\17\ 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. --------------------------------------------------------------------------- \16\ 15 U.S.C. 78s(b)(3)(A). \17\ 17 CFR 240.19b-4(f). --------------------------------------------------------------------------- IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-CboeEDGA-2018-014 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-2018-014. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of this filing will also be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CboeEDGA-2018-014 and should be submitted on or before September 11, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\18\ --------------------------------------------------------------------------- \18\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-17960 Filed 8-20-18; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices 42329
SECURITIES AND EXCHANGE any comments it received on the these fee codes will receive free
COMMISSION proposed rule change. The text of these executions instead of a rebate.
statements may be examined at the
[Release No. 34–83855; File No. SR– Fee Code IX: IEX Routing Fees
CboeEDGA–2018–014]
places specified in Item IV below. The
Exchange has prepared summaries, set Currently, the fee schedule provides
Self-Regulatory Organizations; Cboe forth in Sections A, B, and C below, of that orders in securities priced at or
EDGA Exchange, Inc.; Notice of Filing the most significant parts of such above $1.00 routed to IEX using the
and Immediate Effectiveness of a statements. Destination Specific (i.e., ‘‘DIRC’’)
Proposed Rule Change Related to Fees routing strategy are charged a fee of
A. Self-Regulatory Organization’s $0.0010 per share under fee code IX.
for Use on Cboe EDGA Exchange, Inc. Statement of the Purpose of, and the The Exchange proposes to increase the
August 15, 2018. Statutory Basis for, the Proposed Rule routing fee charged to orders routed to
Pursuant to Section 19(b)(1) of the Change IEX to $0.0030 so that the Exchange can
Securities Exchange Act of 1934 (the 1. Purpose recoup increased costs associated with
‘‘Act’’),1 and Rule 19b–4 thereunder,2 routing order flow to that market.
The purpose of the proposed rule
notice is hereby given that on August 1, change is to amend the Exchange’s fee 2. Statutory Basis
2018, Cboe EDGA Exchange, Inc. (the schedule applicable to its equities
‘‘Exchange’’ or ‘‘EDGA’’) filed with the The Exchange believes that the
trading platform (‘‘EDGA Equities’’) to: proposed rule change is consistent with
Securities and Exchange Commission (1) Eliminate rebates provided to orders
(‘‘Commission’’) the proposed rule the objectives of Section 6 of the Act,13
in securities priced above $1.00 that in general, and furthers the objectives of
change as described in Items I, II and III remove liquidity from the Exchange’s
below, which Items have been prepared Section 6(b)(4),14 in particular, as it is
order book under fee codes DR,5 DT,6 designed to provide for the equitable
by the Exchange. The Exchange has HR,7 MT,8 and PT,9 and (2) increase the
designated the proposed rule change as allocation of reasonable dues, fees and
routing fee charged to orders routed to other charges among its members and
one establishing or changing a member Investors Exchange LLC (‘‘IEX’’) using
due, fee, or other charge imposed by the other persons using its facilities.
the DIRC 10 routing strategy under fee
Exchange under Section 19(b)(3)(A)(ii) code IX.11 Fee Codes DR, DT, HR, MT, and PT:
of the Act 3 and Rule 19b–4(f)(2) Non-Displayed Remove Fee
thereunder,4 which renders the Fee Codes DR, DT, HR, MT, and PT:
proposed rule change effective upon Non-Displayed Remove Fee The Exchange believes that the
filing with the Commission. The proposed fees for non-displayed orders
The Exchange charges fees based on are reasonable. While the Exchange
Commission is publishing this notice to an inverted fee structure where orders
solicit comments on the proposed rule currently provides a rebate for both
are provided rebates for removing displayed and non-displayed orders that
change from interested persons. liquidity and charged a fee for adding remove liquidity, the Exchange has
I. Self-Regulatory Organization’s liquidity. Currently, both displayed and determined to instead charge no fee for
Statement of the Terms of Substance of non-displayed orders in securities non-displayed orders. This change is
the Proposed Rule Change priced at or above $1.00 are provided a designed to incentivize Members to
rebate of $0.00040 for removing enter displayed liquidity on the
The Exchange filed a proposal to liquidity. The Exchange proposes to
amend the Exchange’s fee schedule Exchange since displayed orders would
eliminate the rebate for orders that be eligible for rebates when removing
applicable to its equities trading remove liquidity from the Exchange’s
platform to: (1) Eliminate rebates liquidity while non-displayed orders
order book under fee codes DR, DT, HR, would not. Furthermore, the Exchange’s
provided to orders in securities priced MT, and PT, which all relate to liquidity
above $1.00 that remove liquidity from inverted fee structure would continue to
removing orders that contain either an incentivize liquidity takers since orders
the Exchange’s order book under fee explicit non-displayed instruction or a
codes DR, DT, HR, MT, and PT, and (2) that remove liquidity would remain
non-displayed discretionary eligible for better pricing—including
increase the routing fee charged to component.12 Orders executed under
orders routed to Investors Exchange LLC rebates for displayed orders and free
using the DIRC routing strategy under 5 DR and DT are associated with MidPoint
executions for non-displayed orders—
fee code IX. Discretionary Orders (‘‘MDOs’’) that remove
than orders that add liquidity and are
The text of the proposed rule change liquidity, either not within discretionary range (i.e., charged a fee. In addition, the Exchange
is available at the Exchange’s website at DR) or within discretionary range (i.e., DT). believes that this change is equitable
www.markets.cboe.com, at the principal
6 Id.
and not unfairly discriminatory because
7 HR is associated with Non-Displayed orders that
office of the Exchange, and at the the proposed taker fees would apply
remove liquidity.
Commission’s Public Reference Room. 8 MT is associated with Non-Displayed orders
equally to all Members that choose to
that remove liquidity using Mid-Point Peg. enter non-displayed orders. Members
II. Self-Regulatory Organization’s 9 PT is associated with orders that remove that would prefer to receive a rebate for
Statement of the Purpose of, and liquidity from EDGA using RMPT or RMPL routing orders that remove liquidity can utilize
Statutory Basis for, the Proposed Rule strategy. a range of displayed order types offered
Change 10 Destination Specific or ‘‘DIRC’’ is a routing
by the Exchange, thereby promoting a
option under which an order checks the System for
In its filing with the Commission, the available shares and then is sent to an away trading more transparent market.
sradovich on DSK3GMQ082PROD with NOTICES
Exchange included statements center or centers specified by the User. See Rule
11.11(g)(14).
Fee Code IX: IEX Routing Fees
concerning the purpose of and basis for
the proposed rule change and discussed 11 IX is associated with orders routed to IEX using
As other exchanges amend the fees
the DIRC routing strategy. charged for accessing liquidity, the
12 While MDOs may be displayed or non-
1 15 U.S.C. 78s(b)(1). displayed, these orders contain a non-displayed
Exchange believes that it is appropriate
2 17 CFR 240.19b–4. discretionary component to execute at prices up
3 15 U.S.C. 78s(b)(3)(A)(ii). 13 15 U.S.C. 78f.
(down) to and including the midpoint of the NBBO.
4 17 CFR 240.19b–4(f)(2). See Rule 11.8(e). 14 15 U.S.C. 78f(b)(4).
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![42330 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices
to amend its own routing fees so that it changes reflect this competitive Commission and any person, other than
can recoup costs associated with routing environment. those that may be withheld from the
orders to such away markets. The public in accordance with the
C. Self-Regulatory Organization’s
Exchange believes that the proposed provisions of 5 U.S.C. 552, will be
Statement on Comments on the
fees for orders routed to IEX are available for website viewing and
Proposed Rule Change Received From
reasonable and equitable because they printing in the Commission’s Public
reflect the costs associated with Members, Participants, or Others
Reference Room, 100 F Street NE,
executing orders on IEX and additional No written comments were either Washington, DC 20549, on official
operational expenses incurred by the solicited or received. business days between the hours of
Exchange. The Exchange is proposing to 10:00 a.m. and 3:00 p.m. Copies of this
III. Date of Effectiveness of the
increase its routing fees due to an filing will also be available for
Proposed Rule Change and Timing for
announced change in IEX’s fee schedule inspection and copying at the principal
Commission Action
that would result in a significant
The foregoing rule change has become office of the Exchange. All comments
increase in the transaction fees being
effective pursuant to Section 19(b)(3)(A) received will be posted without change.
charged by IEX to some orders,
including orders routed by the of the Act16 and paragraph (f) of Rule Persons submitting comments are
Exchange.15 The Exchange believes that 19b–4 thereunder.17 At any time within cautioned that we do not redact or edit
it is reasonable and equitable to pass 60 days of the filing of the proposed rule personal identifying information from
these increased costs to Members that change, the Commission summarily may comment submissions. You should
use the Exchange to route orders to that temporarily suspend such rule change if submit only information that you wish
market. Members that do not wish to it appears to the Commission that such to make available publicly. All
pay the proposed fee can send their action is necessary or appropriate in the submissions should refer to File
routable orders directly to IEX instead of public interest, for the protection of Number SR–CboeEDGA–2018–014 and
using routing functionality provided by investors, or otherwise in furtherance of should be submitted on or before
the Exchange. The Exchange also the purposes of the Act. September 11, 2018.
believes that this change is equitable For the Commission, by the Division of
IV. Solicitation of Comments
and not unfairly discriminatory because Trading and Markets, pursuant to delegated
the proposed fees would apply equally Interested persons are invited to authority.18
to all Members that use the Exchange to submit written data, views, and
Eduardo A. Aleman,
route orders to IEX using the DIRC arguments concerning the foregoing,
routing strategy. Routing through the including whether the proposed rule Assistant Secretary.
Exchange is voluntary, and the change is consistent with the Act. [FR Doc. 2018–17960 Filed 8–20–18; 8:45 am]
Exchange operates in a competitive Comments may be submitted by any of BILLING CODE 8011–01–P
environment where market participants the following methods:
can readily direct order flow to
Electronic Comments
competing venues or providers of SECURITIES AND EXCHANGE
routing services if they deem fee levels • Use the Commission’s internet COMMISSION
to be excessive. comment form (http://www.sec.gov/
rules/sro.shtml); or [Release No. 34–83852; File No. SR–
B. Self-Regulatory Organization’s • Send an email to rule-comments@
Statement on Burden on Competition CboeBZX–2018–058]
sec.gov. Please include File Number SR–
The Exchange does not believe that CboeEDGA–2018–014 on the subject Self-Regulatory Organizations; Cboe
the proposed rule change will result in line. BZX Exchange, Inc.; Notice of Filing of
any burden on competition that is not a Proposed Rule Change To Permit the
necessary or appropriate in furtherance Paper Comments
Listing and Trading of Options That
of the purposes of the Act, as amended. • Send paper comments in triplicate
Overlie the Mini-SPX Index, the Russell
The proposed changes to the non- to Secretary, Securities and Exchange
2000 Index, and the Dow Jones
displayed remove fees are designed to Commission, 100 F Street NE,
Industrial Average
incentivize displayed liquidity, which Washington, DC 20549–1090.
the Exchange believes will benefit all All submissions should refer to File August 15, 2018.
market participants by encouraging a Number SR–CboeEDGA–2018–014. This
transparent and competitive market. file number should be included on the Pursuant to Section 19(b)(1) of the
Furthermore, the proposed change to subject line if email is used. To help the Securities Exchange Act of 1934 (the
the IEX routing fee is meant to recoup Commission process and review your ‘‘Act’’),1 and Rule 19b–4 thereunder,2
costs associated with executing orders comments more efficiently, please use notice is hereby given that on August 2,
on that market, and is therefore not only one method. The Commission will 2018, Cboe BZX Exchange, Inc. (the
designed to have any significant impact post all comments on the Commission’s ‘‘Exchange’’ or ‘‘BZX’’) filed with the
on competition. The Exchange operates internet website (http://www.sec.gov/ Securities and Exchange Commission
in a highly competitive market in which rules/sro.shtml). Copies of the (‘‘Commission’’) the proposed rule
market participants can readily direct submission, all subsequent change as described in Items I, II and III
their order flow to competing venues. In amendments, all written statements below, which Items have been prepared
sradovich on DSK3GMQ082PROD with NOTICES
such an environment, the Exchange with respect to the proposed rule by the Exchange. The Commission is
must continually review, and consider change that are filed with the publishing this notice to solicit
adjusting, its fees and rebates to remain Commission, and all written comments on the proposed rule change
competitive with other exchanges. For communications relating to the from interested persons.
the reasons described above, the proposed rule change between the
Exchange believes that the proposed fee 18 17 CFR 200.30–3(a)(12).
16 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1).
15 See SR–IEX–2018–16 (pending publication). 17 17 CFR 240.19b–4(f). 2 17 CFR 240.19b–4.
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Document Created: 2018-08-21 00:07:40
Document Modified: 2018-08-21 00:07:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 83 FR 42329 |
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