83_FR_44264 83 FR 44096 - Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on Cboe BYX Exchange, Inc.

83 FR 44096 - Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on Cboe BYX Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 168 (August 29, 2018)

Page Range44096-44098
FR Document2018-18676

Federal Register, Volume 83 Issue 168 (Wednesday, August 29, 2018)
[Federal Register Volume 83, Number 168 (Wednesday, August 29, 2018)]
[Notices]
[Pages 44096-44098]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18676]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83925; File No. SR-CboeBYX-2018-017]


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

August 23, 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 9, 2018, Cboe BYX Exchange, Inc. (the ``Exchange'' or 
``BYX'') 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) Increase the ADV 
requirements to qualify for Add/Remove Volume Tier 6 associated with 
fee codes W, BB, and N, and (2) increase the routing fee charged to 
orders routed to Investors Exchange LLC using the Destination Specific 
routing strategy under fee code IX, and eliminate an outdated reference 
to the TRIM and TRIM2 routing strategies in this fee code.
    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 purpose of the proposed rule change is to amend the Exchange's 
fee schedule applicable to its equities trading platform (``BYX 
Equities'') to: (1) Increase the ADV \5\ requirements to qualify for 
Add/Remove Volume Tier 6 associated with fee codes W,\6\ BB,\7\ and 
N,\8\ and (2) increase the routing fee charged to orders routed to 
Investors Exchange LLC (``IEX'') using the Destination Specific \9\ 
routing strategy under fee code IX,\10\ and eliminate an outdated 
reference to the TRIM and

[[Page 44097]]

TRIM2 \11\ routing strategies in this fee code.
---------------------------------------------------------------------------

    \5\ ``ADAV'' means average daily added volume calculated as the 
number of shares added per day and ``ADV'' means average daily 
volume calculated as the number of shares added or removed, 
combined, per day. See BYX Fee Schedule, Definitions. ADAV and ADV 
are calculated on a monthly basis. The Exchange excludes from its 
calculation of ADAV and ADV shares added or removed on any day that 
the Exchange's system experiences a disruption that lasts for more 
than 60 minutes during regular trading hours (``Exchange System 
Disruption''), on any day with a scheduled early market close and on 
the last Friday in June (the ``Russell Reconstitution Day''). Routed 
shares are not included in ADAV or ADV calculation. With prior 
notice to the Exchange, a Member may aggregate ADAV or ADV with 
other Members that control, are controlled by, or are under common 
control with such Member (as evidenced on such Member's Form BD).
    \6\ W is associated with orders that remove liquidity from BYX 
in Tape A securities.
    \7\ BB is associated with orders that remove liquidity from BYX 
in Tape B securities.
    \8\ N is associated with orders that remove liquidity from BYX 
in Tape C securities.
    \9\ Destination Specific 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 
11.13(b)(3)(E).
    \10\ IX is associated with orders routed to IEX using the 
Destination Specific, TRIM or TRIM2 routing strategies.
    \11\ TRIM and TRIM2 are both routing options under which an 
order checks the System for available shares and then is sent to 
destinations on the applicable System routing table. See Rule 
11.13(b)(3)(G).
---------------------------------------------------------------------------

Fee Codes W, BB, and N: Add/Remove Volume Tier 6
    The Exchange provides a standard rebate of $0.00050 for orders that 
remove liquidity from BYX in securities priced at or above $1.00. 
Members may also qualify for a higher rebate based on the Exchange's 
Add/Remove Volume Tiers, which are designed to encourage Members to 
bring order flow to BYX by providing higher rebates for removing 
liquidity and discounted fees for adding liquidity to firms based on 
their activity on the Exchange.\12\ Currently, Members can qualify for 
a higher rebate of $0.0015 pursuant to Tier 6 of the Add/Remove Volume 
Tiers if the Member has: (1) An ADV that is greater than or equal to 
0.05% of TCV,\13\ and (2) an ADAV that is greater than or equal to 
500,000 shares. The Exchange proposes to increase the ADV requirement 
for Tier 6 so that an ADV that is greater than or equal to 0.08% of TCV 
would be required. The current ADAV requirement of greater than or 
equal to 500,000 shares would remain unchanged. The proposed change 
applies to fee codes W, BB, and N, which relate to orders that remove 
liquidity from BYX in Tapes A, B, and C, respectively.
---------------------------------------------------------------------------

    \12\ See BYX Fee Schedule, footnote 1, Add/Remove Volume Tiers.
    \13\ ``TCV'' means total consolidated volume calculated as the 
volume reported by all exchanges and trade reporting facilities to a 
consolidated transaction reporting plan for the month for which the 
fees apply. The Exchange excludes from its calculation of TCV volume 
on any day that the Exchange experiences an Exchange System 
Disruption, on any day with a scheduled early market close and the 
Russell Reconstitution Day.
---------------------------------------------------------------------------

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 specified routing 
strategies--i.e., Destination Specific, TRIM, or TRIM2--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. Furthermore, in May 2018, the Exchange 
removed IEX from the System routing table for its TRIM and TRIM2 
routing strategies, which are designed to route to low cost away 
markets, due to increased costs associated with routing to IEX. Since 
IEX is no longer considered as a potential routing destination for 
those strategies, the Exchange proposes to eliminate the reference to 
these routing strategies in fee code IX.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the objectives of Section 6 of the Act,\14\ in general, and 
furthers the objectives of Section 6(b)(4) and 6(b)(5),\15\ 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 and is designed to promote just and 
equitable principles of trade, to foster cooperation and coordination 
with persons engaged in facilitating transactions in securities, to 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system and, in general, to protect 
investors and the public interest.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f.
    \15\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

Fee Codes W, BB, and N: Add/Remove Volume Tier 6
    The Exchange believes that the proposed changes to the Add/Remove 
Volume Tier 6 are reasonable because the proposed changes are designed 
to incentivize Members to bring more order flow to the Exchange. Under 
the Exchange's fee schedule members are eligible for a rebate for 
liquidity removing orders that may be increased based on meeting 
certain additional requirements. With respect to Add/Remove Volume Tier 
6, Members that meet specified ADV and ADAV requirements are eligible 
for such an increased remove rebate. The Exchange is proposing to 
increase the ADV requirements for this rebate tier to encourage Members 
to send more order flow to the Exchange in order to qualify for the 
rebate. The Exchange believes that the rebates are still competitive 
with rebates provided on other equities exchanges, notwithstanding the 
higher volume requirements required to meet this tier. The Exchange 
also believes that the proposed change is equitable and not unfairly 
discriminatory because the proposed ADV requirements (and associated 
rebate) would apply equally to all Members. Furthermore, the Exchange 
believes that all market participants would benefit from additional 
trading opportunities if the Exchange is successful in incentivizing 
increased order flow.
Fee Code IX: IEX Routing Fees
    As other exchanges amend the fees charged for accessing liquidity, 
the Exchange believes that it is appropriate 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 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.\16\ The Exchange believes that it is reasonable 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 Destination Specific 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.
---------------------------------------------------------------------------

    \16\ See SR-IEX-2018-16 (pending publication).
---------------------------------------------------------------------------

    The Exchange also believes that the proposed change to eliminate 
references to TRIM and TRIM2 is consistent with the public interest and 
the protection of investors as this is a non-substantive change being 
made because the Exchange no longer routes to IEX using these routing 
strategies. The Exchange had previously routed orders to IEX using the 
TRIM and TRIM2 order routing strategies, which are designed to route to 
low cost venues, but recently stopped doing so due increased routing 
costs associated with trading on IEX. As such, the Exchange believes 
that updating the fee schedule to reflect that these two routing 
strategies are not available for routing to IEX will increase 
transparency around the operation of the Exchange to the benefit of 
Members and investors. Because this change merely updates a fee code to 
remove references to routing strategies that are not in use on the 
Exchange, it will have

[[Page 44098]]

no impact on the transaction fees actually assessed to Members.

(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 Add/Remove Tiers are designed to incentivize 
Members to bring more order flow to BYX as the Exchange competes for 
order flow with other equities markets. Furthermore, the proposed 
changes to the IEX routing fees are meant to recoup costs associated 
with executing orders on that market, and to increase transparency by 
properly reflecting the routing strategies available for IEX, and are 
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 \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.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 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 proposal 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-CboeBYX-2018-017 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-CboeBYX-2018-017. 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 such 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-CboeBYX-2018-017 and should be submitted 
on or before September 19, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-18676 Filed 8-28-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                44096                      Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices

                                                duration of the wind-down process,                        For the Commission, by the Division of               office of the Exchange, and at the
                                                OCC’s capitalization through the wind-                  Trading and Markets, pursuant to delegated             Commission’s Public Reference Room.
                                                down process, the maintenance of                        authority.39
                                                                                                        Eduardo A. Aleman,                                     II. Self-Regulatory Organization’s
                                                Critical Services and Critical Support
                                                                                                        Assistant Secretary.                                   Statement of the Purpose of, and
                                                Functions, and the retention of
                                                                                                                                                               Statutory Basis for, the Proposed Rule
                                                personnel and contractual relationships.                [FR Doc. 2018–18673 Filed 8–28–18; 8:45 am]
                                                                                                                                                               Change
                                                OCC also provided information                           BILLING CODE 8011–01–P
                                                regarding its assumption about the cost                                                                          In its filing with the Commission, the
                                                of the wind-down process. Further, the                                                                         Exchange included statements
                                                RWD Plan identifies potential                           SECURITIES AND EXCHANGE                                concerning the purpose of and basis for
                                                transactions that could be effected to                  COMMISSION                                             the proposed rule change and discussed
                                                accomplish the objectives of wind-down                  [Release No. 34–83925; File No. SR–                    any comments it received on the
                                                with the ultimate goal of transferring                  CboeBYX–2018–017]                                      proposed rule change. The text of these
                                                ownership of OCC itself by the                                                                                 statements may be examined at the
                                                consummation or a consensual sale or                    Self-Regulatory Organizations; Cboe                    places specified in Item IV below. The
                                                similar transaction, in a manner that                   BYX Exchange, Inc.; Notice of Filing                   Exchange has prepared summaries, set
                                                ensures the continuation of OCC’s                       and Immediate Effectiveness of a                       forth in Sections A, B, and C below, of
                                                Critical Services. The Commission                       Proposed Rule Change Related to Fees                   the most significant parts of such
                                                considered the assumptions that the                     for Use on Cboe BYX Exchange, Inc.                     statements.
                                                RWD Plan makes regarding wind-down                      August 23, 2018.                                       (A) Self-Regulatory Organization’s
                                                as well as the potential transactions in                   Pursuant to Section 19(b)(1) of the                 Statement of the Purpose of, and
                                                which OCC might engage in the event of                  Securities Exchange Act of 1934 (the                   Statutory Basis for, the Proposed Rule
                                                a wind-down. The Commission also                        ‘‘Act’’),1 and Rule 19b–4 thereunder,2                 Change
                                                considered the estimated cost of wind-                  notice is hereby given that on August 9,
                                                down noted in the RWD Plan in light of                  2018, Cboe BYX Exchange, Inc. (the                     1. Purpose
                                                OCC’s rules regarding the maintenance                   ‘‘Exchange’’ or ‘‘BYX’’) filed with the
                                                of certain capital levels and qualifying                                                                          The purpose of the proposed rule
                                                                                                        Securities and Exchange Commission
                                                                                                                                                               change is to amend the Exchange’s fee
                                                liquid resources. The Commission                        (‘‘Commission’’) the proposed rule
                                                                                                                                                               schedule applicable to its equities
                                                believes that the RWD Plan, which                       change as described in Items I, II and III
                                                                                                                                                               trading platform (‘‘BYX Equities’’) to: (1)
                                                indicates the cost at which OCC could                   below, which Items have been prepared
                                                                                                                                                               Increase the ADV 5 requirements to
                                                effectuate an orderly wind-down, i.e., at               by the Exchange. The Exchange has
                                                                                                                                                               qualify for Add/Remove Volume Tier 6
                                                a lower cost than the amount of its                     designated the proposed rule change as
                                                                                                                                                               associated with fee codes W,6 BB,7 and
                                                liquid resources is consistent with Rule                one establishing or changing a member
                                                                                                                                                               N,8 and (2) increase the routing fee
                                                17Ad–22(e)(15)(i).35                                    due, fee, or other charge imposed by the
                                                                                                                                                               charged to orders routed to Investors
                                                   Therefore, the Commission believes                   Exchange under Section 19(b)(3)(A)(ii)
                                                                                                                                                               Exchange LLC (‘‘IEX’’) using the
                                                that the proposed changes that would                    of the Act 3 and Rule 19b–4(f)(2)
                                                                                                                                                               Destination Specific 9 routing strategy
                                                determine costs associated with an                      thereunder,4 which renders the
                                                                                                                                                               under fee code IX,10 and eliminate an
                                                orderly wind-down and that would                        proposed rule change effective upon
                                                                                                                                                               outdated reference to the TRIM and
                                                further ensure that OCC holds liquid net                filing with the Commission. The
                                                                                                        Commission is publishing this notice to
                                                assets greater than these costs, are                                                                              5 ‘‘ADAV’’ means average daily added volume
                                                                                                        solicit comments on the proposed rule
                                                consistent with Rule 17Ad–                                                                                     calculated as the number of shares added per day
                                                                                                        change from interested persons.                        and ‘‘ADV’’ means average daily volume calculated
                                                22(e)(15)(i).36
                                                                                                                                                               as the number of shares added or removed,
                                                                                                        I. Self-Regulatory Organization’s                      combined, per day. See BYX Fee Schedule,
                                                IV. Conclusion                                          Statement of the Terms of Substance of                 Definitions. ADAV and ADV are calculated on a
                                                  On the basis of the foregoing, the                    the Proposed Rule Change                               monthly basis. The Exchange excludes from its
                                                                                                                                                               calculation of ADAV and ADV shares added or
                                                Commission finds that the Amended                          The Exchange filed a proposal to                    removed on any day that the Exchange’s system
                                                Proposed Rule Change is consistent                      amend the Exchange’s fee schedule                      experiences a disruption that lasts for more than 60
                                                with the requirements of the Exchange                   applicable to its equities trading                     minutes during regular trading hours (‘‘Exchange
                                                                                                                                                               System Disruption’’), on any day with a scheduled
                                                Act, and in particular, with the                        platform to: (1) Increase the ADV                      early market close and on the last Friday in June
                                                requirements of Section 17A of the                      requirements to qualify for Add/Remove                 (the ‘‘Russell Reconstitution Day’’). Routed shares
                                                Exchange Act 37 and the rules and                       Volume Tier 6 associated with fee codes                are not included in ADAV or ADV calculation. With
                                                                                                        W, BB, and N, and (2) increase the                     prior notice to the Exchange, a Member may
                                                regulations thereunder.                                                                                        aggregate ADAV or ADV with other Members that
                                                  It is therefore ordered, pursuant to                  routing fee charged to orders routed to                control, are controlled by, or are under common
                                                Section 19(b)(2) of the Exchange Act,38                 Investors Exchange LLC using the                       control with such Member (as evidenced on such
                                                                                                        Destination Specific routing strategy                  Member’s Form BD).
                                                that the Proposed Rule Change (SR–                                                                                6 W is associated with orders that remove
                                                                                                        under fee code IX, and eliminate an
                                                OCC–2017–021), as modified by Partial                                                                          liquidity from BYX in Tape A securities.
                                                                                                        outdated reference to the TRIM and
                                                Amendment No. 2, be, and it hereby is,                                                                            7 BB is associated with orders that remove
                                                                                                        TRIM2 routing strategies in this fee                   liquidity from BYX in Tape B securities.
                                                approved.
                                                                                                        code.                                                     8 N is associated with orders that remove liquidity
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                           The text of the proposed rule change                from BYX in Tape C securities.
                                                  35 Id.
                                                  36 Id.
                                                                                                        is available at the Exchange’s website at                 9 Destination Specific is a routing option under

                                                                                                        www.markets.cboe.com, at the principal                 which an order checks the System for available
                                                  37 In approving this Proposed Rule Change, the
                                                                                                                                                               shares and then is sent to an away trading center
                                                Commission has considered the proposed rule’s                                                                  or centers specified by the User. See Rule
                                                                                                          1 15 U.S.C. 78s(b)(1).
                                                impact on efficiency, competition, and capital                                                                 11.13(b)(3)(E).
                                                formation. See 15 U.S.C. 78c(f).                          2 17 CFR 240.19b–4.                                     10 IX is associated with orders routed to IEX using
                                                  38 15 U.S.C. 78s(b)(2).                                 3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                                                                               the Destination Specific, TRIM or TRIM2 routing
                                                  39 17 CFR 200.30–3(a)(12).                              4 17 CFR 240.19b–4(f)(2).                            strategies.



                                           VerDate Sep<11>2014   17:04 Aug 28, 2018   Jkt 244001   PO 00000   Frm 00082   Fmt 4703    Sfmt 4703   E:\FR\FM\29AUN1.SGM   29AUN1


                                                                           Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices                                                     44097

                                                TRIM2 11 routing strategies in this fee                 IEX is no longer considered as a                        Fee Code IX: IEX Routing Fees
                                                code.                                                   potential routing destination for those
                                                                                                        strategies, the Exchange proposes to                       As other exchanges amend the fees
                                                Fee Codes W, BB, and N: Add/Remove                                                                              charged for accessing liquidity, the
                                                Volume Tier 6                                           eliminate the reference to these routing
                                                                                                        strategies in fee code IX.                              Exchange believes that it is appropriate
                                                   The Exchange provides a standard                                                                             to amend its own routing fees so that it
                                                rebate of $0.00050 for orders that                      2. Statutory Basis                                      can recoup costs associated with routing
                                                remove liquidity from BYX in securities                                                                         orders to such away markets. The
                                                priced at or above $1.00. Members may                      The Exchange believes that the                       Exchange believes that the proposed
                                                also qualify for a higher rebate based on               proposed rule change is consistent with                 fees for orders routed to IEX are
                                                the Exchange’s Add/Remove Volume                        the objectives of Section 6 of the Act,14               reasonable because they reflect the costs
                                                Tiers, which are designed to encourage                  in general, and furthers the objectives of              associated with executing orders on IEX
                                                Members to bring order flow to BYX by                   Section 6(b)(4) and 6(b)(5),15 in                       and additional operational expenses
                                                providing higher rebates for removing                   particular, as it is designed to provide                incurred by the Exchange. The
                                                liquidity and discounted fees for adding                for the equitable allocation of reasonable              Exchange is proposing to increase its
                                                liquidity to firms based on their activity              dues, fees and other charges among its                  routing fees due to an announced
                                                on the Exchange.12 Currently, Members                   members and other persons using its                     change in IEX’s fee schedule that would
                                                can qualify for a higher rebate of                      facilities and is designed to promote just              result in a significant increase in the
                                                $0.0015 pursuant to Tier 6 of the Add/                  and equitable principles of trade, to                   transaction fees being charged by IEX to
                                                Remove Volume Tiers if the Member                       foster cooperation and coordination                     some orders, including orders routed by
                                                has: (1) An ADV that is greater than or                 with persons engaged in facilitating                    the Exchange.16 The Exchange believes
                                                equal to 0.05% of TCV,13 and (2) an                     transactions in securities, to remove                   that it is reasonable to pass these
                                                ADAV that is greater than or equal to                   impediments to and perfect the                          increased costs to Members that use the
                                                500,000 shares. The Exchange proposes                   mechanism of a free and open market                     Exchange to route orders to that market.
                                                to increase the ADV requirement for                     and a national market system and, in                    Members that do not wish to pay the
                                                Tier 6 so that an ADV that is greater                   general, to protect investors and the                   proposed fee can send their routable
                                                than or equal to 0.08% of TCV would                     public interest.                                        orders directly to IEX instead of using
                                                be required. The current ADAV                                                                                   routing functionality provided by the
                                                requirement of greater than or equal to                 Fee Codes W, BB, and N: Add/Remove
                                                                                                        Volume Tier 6                                           Exchange. The Exchange also believes
                                                500,000 shares would remain                                                                                     that this change is equitable and not
                                                unchanged. The proposed change                             The Exchange believes that the                       unfairly discriminatory because the
                                                applies to fee codes W, BB, and N,                      proposed changes to the Add/Remove                      proposed fees would apply equally to
                                                which relate to orders that remove                      Volume Tier 6 are reasonable because                    all Members that use the Exchange to
                                                liquidity from BYX in Tapes A, B, and                   the proposed changes are designed to                    route orders to IEX using the
                                                C, respectively.                                        incentivize Members to bring more                       Destination Specific routing strategy.
                                                Fee Code IX: IEX Routing Fees                           order flow to the Exchange. Under the                   Routing through the Exchange is
                                                                                                        Exchange’s fee schedule members are                     voluntary, and the Exchange operates in
                                                   Currently, the fee schedule provides
                                                                                                        eligible for a rebate for liquidity                     a competitive environment where
                                                that orders in securities priced at or
                                                                                                        removing orders that may be increased                   market participants can readily direct
                                                above $1.00 routed to IEX using
                                                                                                        based on meeting certain additional                     order flow to competing venues or
                                                specified routing strategies—i.e.,
                                                                                                        requirements. With respect to Add/                      providers of routing services if they
                                                Destination Specific, TRIM, or TRIM2—
                                                                                                        Remove Volume Tier 6, Members that                      deem fee levels to be excessive.
                                                are charged a fee of $0.0010 per share
                                                under fee code IX. The Exchange                         meet specified ADV and ADAV                                The Exchange also believes that the
                                                proposes to increase the routing fee                    requirements are eligible for such an                   proposed change to eliminate references
                                                charged to orders routed to IEX to                      increased remove rebate. The Exchange                   to TRIM and TRIM2 is consistent with
                                                $0.0030 so that the Exchange can recoup                 is proposing to increase the ADV                        the public interest and the protection of
                                                increased costs associated with routing                 requirements for this rebate tier to                    investors as this is a non-substantive
                                                order flow to that market. Furthermore,                 encourage Members to send more order                    change being made because the
                                                in May 2018, the Exchange removed IEX                   flow to the Exchange in order to qualify                Exchange no longer routes to IEX using
                                                from the System routing table for its                   for the rebate. The Exchange believes                   these routing strategies. The Exchange
                                                TRIM and TRIM2 routing strategies,                      that the rebates are still competitive                  had previously routed orders to IEX
                                                which are designed to route to low cost                 with rebates provided on other equities                 using the TRIM and TRIM2 order
                                                away markets, due to increased costs                    exchanges, notwithstanding the higher                   routing strategies, which are designed to
                                                associated with routing to IEX. Since                   volume requirements required to meet                    route to low cost venues, but recently
                                                                                                        this tier. The Exchange also believes                   stopped doing so due increased routing
                                                   11 TRIM and TRIM2 are both routing options           that the proposed change is equitable                   costs associated with trading on IEX. As
                                                under which an order checks the System for              and not unfairly discriminatory because                 such, the Exchange believes that
                                                available shares and then is sent to destinations on
                                                the applicable System routing table. See Rule           the proposed ADV requirements (and                      updating the fee schedule to reflect that
                                                11.13(b)(3)(G).                                         associated rebate) would apply equally                  these two routing strategies are not
                                                   12 See BYX Fee Schedule, footnote 1, Add/            to all Members. Furthermore, the                        available for routing to IEX will increase
                                                Remove Volume Tiers.                                    Exchange believes that all market                       transparency around the operation of
sradovich on DSK3GMQ082PROD with NOTICES




                                                   13 ‘‘TCV’’ means total consolidated volume
                                                                                                        participants would benefit from                         the Exchange to the benefit of Members
                                                calculated as the volume reported by all exchanges
                                                and trade reporting facilities to a consolidated        additional trading opportunities if the                 and investors. Because this change
                                                transaction reporting plan for the month for which      Exchange is successful in incentivizing                 merely updates a fee code to remove
                                                the fees apply. The Exchange excludes from its          increased order flow.                                   references to routing strategies that are
                                                calculation of TCV volume on any day that the                                                                   not in use on the Exchange, it will have
                                                Exchange experiences an Exchange System
                                                                                                          14 15   U.S.C. 78f.
                                                Disruption, on any day with a scheduled early
                                                market close and the Russell Reconstitution Day.          15 15   U.S.C. 78f(b)(4) and (5).                       16 See   SR–IEX–2018–16 (pending publication).



                                           VerDate Sep<11>2014   17:04 Aug 28, 2018   Jkt 244001   PO 00000   Frm 00083     Fmt 4703   Sfmt 4703   E:\FR\FM\29AUN1.SGM     29AUN1


                                                44098                            Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices

                                                no impact on the transaction fees                          be submitted by any of the following                   SECURITIES AND EXCHANGE
                                                actually assessed to Members.                              methods:                                               COMMISSION
                                                (B) Self-Regulatory Organization’s                         Electronic Comments                                    [Release No. 34–83923; File No. SR–CBOE–
                                                Statement on Burden on Competition                                                                                2018–059]
                                                                                                             • Use the Commission’s internet
                                                  The Exchange does not believe that                       comment form (http://www.sec.gov/                      Self-Regulatory Organizations; Cboe
                                                the proposed rule change will result in                    rules/sro.shtml); or                                   Exchange, Inc.; Notice of Filing and
                                                any burden on competition that is not
                                                                                                             • Send an email to rule-comments@                    Immediate Effectiveness of a Proposed
                                                necessary or appropriate in furtherance                                                                           Rule Change To Delay the
                                                                                                           sec.gov. Please include File Number SR–
                                                of the purposes of the Act, as amended.                                                                           Implementation Date of Changes to
                                                                                                           CboeBYX–2018–017 on the subject line.
                                                The proposed changes to the Add/                                                                                  Cboe Options Rule 24A.4,
                                                Remove Tiers are designed to                               Paper Comments                                         Interpretation and Policy .02,
                                                incentivize Members to bring more                                                                                 Concerning FLEX Options
                                                order flow to BYX as the Exchange                            • Send paper comments in triplicate
                                                competes for order flow with other                         to Secretary, Securities and Exchange                  August 23, 2018.
                                                equities markets. Furthermore, the                         Commission, 100 F Street NE,                              Pursuant to Section 19(b)(1) of the
                                                proposed changes to the IEX routing                        Washington, DC 20549–1090.                             Securities Exchange Act of 1934 (the
                                                fees are meant to recoup costs                             All submissions should refer to File                   ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                associated with executing orders on that                   Number SR–CboeBYX–2018–017. This                       notice is hereby given that on August
                                                market, and to increase transparency by                    file number should be included on the                  14, 2018, Cboe Exchange, Inc. (the
                                                properly reflecting the routing strategies                 subject line if email is used. To help the             ‘‘Exchange’’ or ‘‘Cboe Options’’) filed
                                                available for IEX, and are therefore not                   Commission process and review your                     with the Securities and Exchange
                                                designed to have any significant impact                    comments more efficiently, please use                  Commission (the ‘‘Commission’’) the
                                                on competition. The Exchange operates                      only one method. The Commission will                   proposed rule change as described in
                                                in a highly competitive market in which                    post all comments on the Commission’s                  Items I and II below, which Items have
                                                market participants can readily direct                     internet website (http://www.sec.gov/                  been prepared by the Exchange. The
                                                their order flow to competing venues. In                   rules/sro.shtml). Copies of the                        Exchange filed the proposal as a ‘‘non-
                                                such an environment, the Exchange                          submission, all subsequent                             controversial’’ proposed rule change
                                                must continually review, and consider                      amendments, all written statements                     pursuant to Section 19(b)(3)(A)(iii) of
                                                adjusting, its fees and rebates to remain                  with respect to the proposed rule                      the Act 3 and Rule 19b–4(f)(6)
                                                competitive with other exchanges. For                      change that are filed with the                         thereunder.4 The Commission is
                                                the reasons described above, the                           Commission, and all written                            publishing this notice to solicit
                                                Exchange believes that the proposed fee                    communications relating to the                         comments on the proposed rule change
                                                changes reflect this competitive                           proposed rule change between the                       from interested persons.
                                                environment.                                               Commission and any person, other than                  I. Self-Regulatory Organization’s
                                                (C) Self-Regulatory Organization’s                         those that may be withheld from the                    Statement of the Terms of Substance of
                                                Statement on Comments on the                               public in accordance with the                          the Proposed Rule Change
                                                Proposed Rule Change Received From                         provisions of 5 U.S.C. 552, will be
                                                                                                           available for website viewing and                         The Exchange proposes to delay the
                                                Members, Participants or Others
                                                                                                           printing in the Commission’s Public                    implementation date of rule change SR–
                                                  No written comments were either                          Reference Room, 100 F Street NE,                       CBOE–2018–008 to permit all FLEX
                                                solicited or received.                                     Washington, DC 20549, on official                      series to be fungible with the
                                                                                                           business days between the hours of                     corresponding non-FLEX series once an
                                                III. Date of Effectiveness of the                                                                                 identical non-FLEX series becomes
                                                Proposed Rule Change and Timing for                        10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                           filing will also be available for                      listed.
                                                Commission Action
                                                                                                           inspection and copying at the principal                (additions are in italics; deletions are
                                                   The foregoing rule change has become                    office of the Exchange. All comments                   [bracketed])
                                                effective pursuant to Section 19(b)(3)(A)                  received will be posted without change.                *     *     *     *     *
                                                of the Act 17 and paragraph (f) of Rule                    Persons submitting comments are                        Rules of Cboe Exchange, Inc.
                                                19b–4 thereunder.18 At any time within                     cautioned that we do not redact or edit                *     *     *     *     *
                                                60 days of the filing of the proposed rule                 personal identifying information from
                                                change, the Commission summarily may                       comment submissions. You should                        Rule 24A.4. Terms of FLEX Options
                                                temporarily suspend such rule change if                    submit only information that you wish                  *      *     *     *     *
                                                it appears to the Commission that such                     to make available publicly. All                           . . . Interpretations and Policies:
                                                action is necessary or appropriate in the                  submissions should refer to File                          .01 No change.
                                                public interest, for the protection of                     Number SR–CboeBYX–2018–017 and                            .02
                                                investors, or otherwise in furtherance of                  should be submitted on or before                          The below version of Interpretation
                                                the purposes of the Act.                                   September 19, 2018.                                    and Policy .02 will remain in effect until
                                                IV. Solicitation of Comments                                 For the Commission, by the Division of               [an effective date specified by the
                                                                                                           Trading and Markets, pursuant to delegated             Exchange in a Regulatory Circular. The
                                                  Interested persons are invited to
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                           authority.19                                           effective date shall be no later than July
                                                submit written data, views and                                                                                    31, 2018, and the Regulatory Circular
                                                                                                           Eduardo A. Aleman,
                                                arguments concerning the foregoing,                                                                               announcing the effective date shall be
                                                including whether the proposal is                          Assistant Secretary.
                                                consistent with the Act. Comments may                      [FR Doc. 2018–18676 Filed 8–28–18; 8:45 am]                1 15 U.S.C. 78s(b)(1).
                                                                                                           BILLING CODE 8011–01–P                                     2 17 CFR 240.19b–4.
                                                  17 15   U.S.C. 78s(b)(3)(A).                                                                                        3 15 U.S.C. 78s(b)(3)(A)(iii).
                                                  18 17   CFR 240.19b–4(f).                                  19 17   CFR 200.30–3(a)(12).                             4 17 CFR 240.19b–4(f)(6).




                                           VerDate Sep<11>2014      17:04 Aug 28, 2018   Jkt 244001   PO 00000   Frm 00084    Fmt 4703   Sfmt 4703   E:\FR\FM\29AUN1.SGM     29AUN1



Document Created: 2018-08-29 00:13:52
Document Modified: 2018-08-29 00:13:52
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 44096 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR