83 FR 52591 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees on Cboe BZX Exchange, Inc.
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 201 (October 17, 2018)
Federal Register Volume 83, Issue 201 (October 17, 2018)
| Page Range | 52591-52593 | |
| FR Document | 2018-22533 |
[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)] [Notices] [Pages 52591-52593] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22533] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-84401; File No. SR-CboeBZX-2018-075] Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees on Cboe BZX Exchange, Inc. October 11, 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 October 1, 2018, Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') 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 add certain fees related to the listing and trading of options that overlie the Russell 2000 Index (``RUT options''). 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 On September 27, 2018, the Exchange's equity options platform (``BZX Options'') received approval from the Commission to list and trade RUT options.\5\ The Exchange intends to begin listing RUT options for trading on October 1, 2018. Accordingly, the Exchange proposes to amend its Fees Schedule for BZX Options to add: (i) An Index License Surcharge Fee to all Non-Customer transactions in RUT options; (ii) Fee codes for RUT options that add or remove liquidity on the Exchange; and (iii) Fee codes for RUT options that are routed away from the Exchange, effective October 1, 2018. --------------------------------------------------------------------------- \5\ See Securities Exchange Act Release No. 84298 (September 27, 2018) (SR-CboeBZX-2018-058). --------------------------------------------------------------------------- [[Page 52592]] RUT Surcharge Fee The Exchange proposes to add an Index License Surcharge Fee of $0.45 per contract to all Non-Customer transactions (i.e., Market Maker and Away Market Maker, Firm, Broker Dealer, Joint Back Office, and Professional transactions) in RUT options. The proposed RUT Surcharge Fee will be assessed on all non-Customer orders that contain one of the proposed Fee codes described below (BM, BN, BO, GM, GN, and GO). Fee Codes for RUT Options--Add or Remove Liquidity Proposed Fee code BC will be appended to all Customer orders in RUT options that add or remove liquidity, and result in a standard fee of $0.15 per contract. Proposed Fee code BM will be appended to all Market Maker orders in RUT options that add or remove liquidity, and result in a standard fee of $0.35 per contract. Proposed Fee code BN will be appended to all Non-Customer and Non-Market Maker orders in RUT options that add or remove liquidity, and result in a standard fee of $0.55 per contract. Proposed Fee code BO will be appended to all orders in RUT options that trade on the open, and will be free. Proposed Footnote 14 attaches to each of the proposed non-Customer Fee codes to the Surcharge Fee described above. Fee Codes for RUT Options--Routed Away Proposed Fee code GC will be appended to all Customer orders in RUT options that are routed away from the Exchange and executed at another exchange, and result in a standard fee of $0.85 per contract. Proposed Fee code GM will be appended to all Market Maker orders in RUT options that are routed away from the Exchange and executed at another exchange, and result in a standard fee of $1.05 per contract. Proposed Fee code GN will be appended to all Non-Customer and Non-Market Maker orders in RUT options that are routed away from the Exchange and executed at another exchange, and result in a standard fee of $1.25 per contract. Proposed Fee code GO will be appended to all orders in RUT options that route to another exchange at the open, and will be free. Proposed Footnote 14 attaches each of these proposed Fee codes to the Surcharge Fee described above. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the Section 6 of the Act,\6\ in general, and Section 6(b)(4),\7\ 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. --------------------------------------------------------------------------- \6\ 15 U.S.C. 78f. \7\ 15 U.S.C. 78f(b)(4). --------------------------------------------------------------------------- First, the Exchange believes implementing the RUT Surcharge Fee is equitable and not unfairly discriminatory because the amount will be assessed to all orders of non-Customer market participants to whom the RUT Surcharge Fee applies. Not applying the RUT Surcharge Fee to Customer orders is equitable and not unfairly discriminatory because this is designed to attract Customer RUT orders, which increases liquidity and provides greater trading opportunities to all market participants. Next, the Exchange believes it is reasonable to charge different fee amounts to different user types in the manner proposed because the proposed fees are consistent with the price differentiation that exists today at other options exchanges (for example, the proposed fees are comparable with fees for other index option products traded on other exchanges, including RUT).\8\ Additionally, the Exchange believes the proposed fee amounts for RUT orders are reasonable because the proposed fee amounts are within the range of standard transaction fee amounts charged for RUT at other options exchanges (i.e., Cboe Options and C2 Options).\9\ --------------------------------------------------------------------------- \8\ See, e.g., C2 Fees Schedule, Fee Codes and Associated Fees. \9\ See e.g., C2 Fees Schedule, Fee Codes and Associated Fees, which shows that standard transaction fees for RUT orders range from $0.15 per contract to $0.55 per contract. --------------------------------------------------------------------------- The Exchange also believes that it is equitable and not unfairly discriminatory to assess lower fees to Customers as compared to other market participants because Customer order flow enhances liquidity on the Exchange for the benefit of all market participants. Specifically, Customer liquidity benefits all market participants by providing more trading opportunities, which attracts Market Makers. An increase in the activity of these market participants in turn facilitates tighter spreads, which may cause an additional corresponding increase in order flow from other market participants. Moreover, the options industry has a long history of providing preferential pricing to Customers, and the Exchange's current Fees Schedule currently does so in many places, as do the fees structures of many other exchanges. The Exchange notes that all fee amounts listed as applying to Customers will be applied equally to all Customers (meaning that all Customers will be assessed the same amount). Additionally, the Exchange believes that it is equitable and not unfairly discriminatory to assess lower fees to Market Makers as compared to other market participants other than Customers because Market Makers, unlike other market participants, take on a number of obligations, including quoting obligations, that other market participants do not have. Further, these lower fees offered to Market Makers are intended to incent Market Makers to quote and trade more on BZX Options, thereby providing more trading opportunities for all market participants. The Exchange notes that all fee amounts listed as applying to Market Makers will be applied equally to all Market Makers (meaning that all Market Makers will be assessed the same amount). Similarly, the Exchange notes that the RUT fee amounts for each separate type of other market participant will be assessed equally to all such market participants (i.e. all Broker-Dealer orders will be assessed the same amount, all Joint Back-Office orders will be assessed the same amount, etc.). Finally, the Exchange believes its proposed fees for RUT orders that are routed away from the Exchange are reasonable taking into account routing costs and also notes that the proposed fees are in line with amounts assessed by other exchanges.\10\ For the reasons described above, the Exchange also believes that it is equitable and not unfairly discriminatory to assess lower routing fees to Customers and Market Makers as compared to other market participants. The Exchange notes that routing through the Exchange is voluntary and market participants can readily direct order flow to another exchange if they deem Exchange fee levels to be excessive. --------------------------------------------------------------------------- \10\ See, e.g., C2 Fees Schedule, Linkage Routing Fees. --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange believes the proposed amendments to its Fees Schedule would not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Exchange does not believe that the proposed rule change will impose any burden on intramarket competition that is not necessary or appropriate in furtherance of the purposes of the Act because the RUT fee amounts for each separate type of market participant will be assessed equally to all such market [[Page 52593]] participants. While different fees are assessed to different market participants in some circumstances, these different market participants have different obligations and different circumstances as discussed above. For example, Market Makers have quoting obligations that other market participants do not have. Further, the proposed fees structure for RUT is intended to encourage more trading of RUT, which brings liquidity to the Exchange and benefits all market participants. The Exchange also does not believe that the proposed rule changes will impose any burden on intermarket competition that is not necessary or appropriate in furtherance of the purposes of the Act because the proposed RUT fees are in line with amounts assessed by other exchanges. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any written comments from members or other interested parties. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act \11\ and paragraph (f) of Rule 19b-4 thereunder.\12\ At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. --------------------------------------------------------------------------- \11\ 15 U.S.C. 78s(b)(3)(A). \12\ 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 rule-comments@sec.gov. Please include File Number SR-CboeBZX-2018-075 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-CboeBZX-2018-075. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CboeBZX-2018-075, and should be submitted on or before November 7, 2018. --------------------------------------------------------------------------- \13\ 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\13\ Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-22533 Filed 10-16-18; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices 52591
and that it believes that the Purge Ports submission, all subsequent due, fee, or other charge imposed by the
will provide an effective risk amendments, all written statements Exchange under Section 19(b)(3)(A)(ii)
management tool for Users trading with respect to the proposed rule of the Act 3 and Rule 19b–4(f)(2)
equities. The Commission believes that change that are filed with the thereunder,4 which renders the
Purge Ports may be a helpful tool for Commission, and all written proposed rule change effective upon
managing the risk associated with communications relating to the filing with the Commission. The
trading equities, and notes that this can proposed rule change between the Commission is publishing this notice to
be important both for individual market Commission and any person, other than solicit comments on the proposed rule
participants and the market in general. those that may be withheld from the change from interested persons.
Accordingly, the Commission believes public in accordance with the
that permitting this feature to be provisions of 5 U.S.C. 552, will be I. Self-Regulatory Organization’s
operative upon filing is consistent with available for website viewing and Statement of the Terms of Substance of
the protection of investors and the printing in the Commission’s Public the Proposed Rule Change
public interest. Therefore, the Reference Room, 100 F Street NE,
Commission hereby waives the 30-day Washington, DC 20549, on official The Exchange filed a proposal to add
operative delay and designates the business days between the hours of certain fees related to the listing and
proposed rule change as operative upon 10:00 a.m. and 3:00 p.m. Copies of the trading of options that overlie the
filing.21 filing also will be available for Russell 2000 Index (‘‘RUT options’’).
At any time within 60 days of the inspection and copying at the principal The text of the proposed rule change
filing of the proposed rule change, the office of the Exchange. All comments is available at the Exchange’s website at
Commission summarily may received will be posted without change. www.markets.cboe.com, at the principal
temporarily suspend such rule change if Persons submitting comments are office of the Exchange, and at the
it appears to the Commission that such cautioned that we do not redact or edit Commission’s Public Reference Room.
action is: (i) Necessary or appropriate in personal identifying information from
the public interest; (ii) for the protection comment submissions. You should II. Self-Regulatory Organization’s
of investors; or (iii) otherwise in submit only information that you wish Statement of the Purpose of, and
furtherance of the purposes of the Act. to make available publicly. All Statutory Basis for, the Proposed Rule
If the Commission takes such action, the submissions should refer to File Change
Commission shall institute proceedings Number SR–CboeBZX–2018–074 and
to determine whether the proposed rule should be submitted on or before In its filing with the Commission, the
should be approved or disapproved. November 7, 2018. Exchange included statements
concerning the purpose of and basis for
IV. Solicitation of Comments For the Commission, by the Division of the proposed rule change and discussed
Trading and Markets, pursuant to delegated
Interested persons are invited to authority.22 any comments it received on the
submit written data, views, and Eduardo A. Aleman,
proposed rule change. The text of these
arguments concerning the foregoing, statements may be examined at the
Assistant Secretary.
including whether the proposed rule places specified in Item IV below. The
[FR Doc. 2018–22535 Filed 10–16–18; 8:45 am]
change is consistent with the Act. Exchange has prepared summaries, set
BILLING CODE 8011–01–P
Comments may be submitted by any of forth in Sections A, B, and C below, of
the following methods: the most significant parts of such
statements.
Electronic Comments SECURITIES AND EXCHANGE
• Use the Commission’s internet COMMISSION A. Self-Regulatory Organization’s
comment form (http://www.sec.gov/ [Release No. 34–84401; File No. SR– Statement of the Purpose of, and the
rules/sro.shtml); or CboeBZX–2018–075] Statutory Basis for, the Proposed Rule
• Send an email to rule-comments@ Change
sec.gov. Please include File Number SR– Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Notice of Filing 1. Purpose
CboeBZX–2018–074 on the subject line.
and Immediate Effectiveness of a On September 27, 2018, the
Paper Comments Proposed Rule Change Related to Fees Exchange’s equity options platform
• Send paper comments in triplicate on Cboe BZX Exchange, Inc. (‘‘BZX Options’’) received approval
to Secretary, Securities and Exchange from the Commission to list and trade
October 11, 2018.
Commission, 100 F Street NE,
Pursuant to Section 19(b)(1) of the RUT options.5 The Exchange intends to
Washington, DC 20549–1090.
Securities Exchange Act of 1934 (the begin listing RUT options for trading on
All submissions should refer to File October 1, 2018. Accordingly, the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
Number SR–CboeBZX–2018–074. This Exchange proposes to amend its Fees
notice is hereby given that on October
file number should be included on the Schedule for BZX Options to add: (i) An
1, 2018, Cboe BZX Exchange, Inc. (the
subject line if email is used. To help the ‘‘Exchange’’ or ‘‘BZX’’) filed with the Index License Surcharge Fee to all Non-
Commission process and review your Securities and Exchange Commission Customer transactions in RUT options;
comments more efficiently, please use (‘‘Commission’’) the proposed rule (ii) Fee codes for RUT options that add
only one method. The Commission will change as described in Items I, II and III or remove liquidity on the Exchange;
post all comments on the Commission’s below, which Items have been prepared and (iii) Fee codes for RUT options that
daltland on DSKBBV9HB2PROD with NOTICES
internet website (http://www.sec.gov/ by the Exchange. The Exchange has are routed away from the Exchange,
rules/sro.shtml). Copies of the designated the proposed rule change as effective October 1, 2018.
21 For purposes only of waiving the 30-day
one establishing or changing a member
3 15 U.S.C. 78s(b)(3)(A)(ii).
operative delay, the Commission has also
22 17 CFR 200.30–3(a)(12). 4 17
considered the proposed rule’s impact on CFR 240.19b–4(f)(2).
1 15 U.S.C. 78s(b)(1).
efficiency, competition, and capital formation. See 5 See Securities Exchange Act Release No. 84298
15 U.S.C. 78c(f). 2 17 CFR 240.19b–4. (September 27, 2018) (SR–CboeBZX–2018–058).
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![Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices 52593
participants. While different fees are Paper Comments SECURITIES AND EXCHANGE
assessed to different market participants COMMISSION
in some circumstances, these different • Send paper comments in triplicate
to Secretary, Securities and Exchange [Release No. 34–84402; File No. SR–ISE–
market participants have different 2018–83]
obligations and different circumstances Commission, 100 F Street NE,
as discussed above. For example, Washington, DC 20549–1090. Self-Regulatory Organizations; Nasdaq
Market Makers have quoting obligations All submissions should refer to File ISE, LLC; Notice of Filing and
that other market participants do not Number SR–CboeBZX–2018–075. This Immediate Effectiveness of Proposed
have. Further, the proposed fees file number should be included on the Rule Change To Amend Certain Maker/
structure for RUT is intended to Taker Fees in Section I of the
subject line if email is used. To help the
encourage more trading of RUT, which Exchanges Schedule of Fees
Commission process and review your
brings liquidity to the Exchange and
benefits all market participants. comments more efficiently, please use October 11, 2018.
only one method. The Commission will Pursuant to Section 19(b)(1) of the
The Exchange also does not believe
post all comments on the Commission’s Securities Exchange Act of 1934
that the proposed rule changes will
impose any burden on intermarket internet website (http://www.sec.gov/ (‘‘Act’’),1 and Rule 19b–4 thereunder,2
competition that is not necessary or rules/sro.shtml). Copies of the notice is hereby given that on October
appropriate in furtherance of the submission, all subsequent 1, 2018, Nasdaq ISE, LLC (‘‘ISE’’ or
purposes of the Act because the amendments, all written statements ‘‘Exchange’’) filed with the Securities
proposed RUT fees are in line with with respect to the proposed rule and Exchange Commission
amounts assessed by other exchanges. change that are filed with the (‘‘Commission’’) the proposed rule
Commission, and all written change as described in Items I, II, and
C. Self-Regulatory Organization’s communications relating to the III, below, which Items have been
Statement on Comments on the proposed rule change between the prepared by the Exchange. The
Proposed Rule Change Received From Commission and any person, other than Commission is publishing this notice to
Members, Participants, or Others solicit comments on the proposed rule
those that may be withheld from the
change from interested persons.
The Exchange has not solicited, and public in accordance with the
does not intend to solicit, comments on provisions of 5 U.S.C. 552, will be I. Self-Regulatory Organization’s
this proposed rule change. The available for website viewing and Statement of the Terms of Substance of
Exchange has not received any written printing in the Commission’s Public the Proposed Rule Change
comments from members or other Reference Room, 100 F Street NE, The Exchange proposes to amend
interested parties. Washington, DC 20549, on official certain maker/taker fees in Section I of
III. Date of Effectiveness of the business days between the hours of the Exchange’s Schedule of Fees, as
Proposed Rule Change and Timing for 10:00 a.m. and 3:00 p.m. Copies of the described further below.
Commission Action filing also will be available for The text of the proposed rule change
inspection and copying at the principal is available on the Exchange’s website at
The foregoing rule change has become office of the Exchange. All comments http://ise.cchwallstreet.com/, at the
effective pursuant to Section 19(b)(3)(A) principal office of the Exchange, and at
received will be posted without change.
of the Act 11 and paragraph (f) of Rule the Commission’s Public Reference
Persons submitting comments are
19b–4 thereunder.12 At any time within Room.
60 days of the filing of the proposed rule cautioned that we do not redact or edit
change, the Commission summarily may personal identifying information from II. Self-Regulatory Organization’s
temporarily suspend such rule change if comment submissions. You should Statement of the Purpose of, and
it appears to the Commission that such submit only information that you wish Statutory Basis for, the Proposed Rule
action is necessary or appropriate in the to make available publicly. All Change
public interest, for the protection of submissions should refer to File In its filing with the Commission, the
investors, or otherwise in furtherance of Number SR–CboeBZX–2018–075, and Exchange included statements
the purposes of the Act. should be submitted on or before concerning the purpose of and basis for
November 7, 2018. the proposed rule change and discussed
IV. Solicitation of Comments
For the Commission, by the Division of any comments it received on the
Interested persons are invited to Trading and Markets, pursuant to delegated proposed rule change. The text of these
submit written data, views, and authority.13 statements may be examined at the
arguments concerning the foregoing, Eduardo A. Aleman,
places specified in Item IV below. The
including whether the proposed rule Exchange has prepared summaries, set
Assistant Secretary.
change is consistent with the Act. forth in sections A, B, and C below, of
Comments may be submitted by any of [FR Doc. 2018–22533 Filed 10–16–18; 8:45 am] the most significant aspects of such
the following methods: BILLING CODE 8011–01–P statements.
Electronic Comments A. Self-Regulatory Organization’s
Statement of the Purpose of, and
• Use the Commission’s internet Statutory Basis for, the Proposed Rule
comment form (http://www.sec.gov/ Change
daltland on DSKBBV9HB2PROD with NOTICES
rules/sro.shtml); or
• Send an email to rule-comments@ 1. Purpose
sec.gov. Please include File Number SR– The purpose of the proposed rule
CboeBZX–2018–075 on the subject line. change is to amend the Exchange’s
11 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1).
12 17 CFR 240.19b–4(f). 13 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.
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Document Created: 2018-10-17 01:47:19
Document Modified: 2018-10-17 01:47:19
| 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 52591 |
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