83 FR 6074 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on Cboe BZX Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 29 (February 12, 2018)

Page Range		6074-6075
FR Document		2018-02725
Federal Register, Volume 83 Issue 29 (Monday, February 12, 2018)
[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Notices]
[Pages 6074-6075]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02725]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82642; File No. SR-CboeBZX-2018-007]


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

February 6, 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 January 31, 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

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

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

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

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

1. Purpose
    The Exchange proposes to amend its fee schedule applicable to its 
equities trading platform (``BZX Equities'') to amend the criteria 
necessary to qualify for the enhanced rebate provided by the Single 
MPID Investor Tier 1 under footnote 4. The Exchange currently offers 
two Single MPID Investor Tiers under footnote 4, which provide an 
enhanced rebate of $0.0031 or $0.0027 per share for qualifying orders 
which yield fee codes B,\6\ V,\7\or Y.\8\ The distinction between the 
tiers under footnote 4 and other tiers offered by the Exchange, is that 
the volume measured to determine whether a Member qualifies is 
performed on an Member Participant Identifier (``MPID'') by MPID basis. 
The Exchange proposes to modify the criteria necessary to achieve the 
Tier 1 under footnote 4 as described below. Currently, under Tier 1 a 
Member may receive an enhanced rebate of $0.0031 per share where their 
MPID has: (i) An ADAV \9\ as a percentage of TCV \10\ >=0.35%; and (ii) 
an ADAV as a percentage of ADV \11\ >=90%. The Exchange proposes to 
ease the first prong of the tier's criteria to now require that the 
Member's MPID an ADAV as a percentage of TCV >=0.30%, rather than 
0.35%. The Exchange does not proposes to amend their tier's enhanced 
rebate or the second prong of the tier's required criteria.
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    \6\ Fee code B is appended to displayed orders which add 
liquidity to Tape B and is provided a rebate of $0.0025 per share.
    \7\ Fee code V is appended to displayed orders which add 
liquidity to Tape A and is provided a rebate of $0.0020 per share.
    \8\ Fee code Y is appended to displayed orders which add 
liquidity to Tape C and is provided a rebate of $0.0020 per share.
    \9\ ``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. ADAV and ADV are calculated on a monthly basis. 
See the BZX Equities fee schedule available at http://markets.cboe.com/us/equities/membership/fee_schedule/bzx/.
    \10\ ``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. Id.
    \11\ See supra note 9.
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    The Exchange proposes to implement the above change to its fee 
schedule on February 1, 2018.
2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent 
with the objectives of Section 6 of the Act,\12\ in general, and 
furthers the objectives of Section 6(b)(4),\13\ 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. The Exchange also notes that it operates in a highly-
competitive market in which market participants can readily direct 
order flow to competing venues if they deem fee levels at a particular 
venue to be excessive or incentives to be insufficient. Furthermore, 
the Exchange notes that routing through the Exchange's affiliate, Bats 
Trading, is voluntary.
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    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that the proposed modification to the tiered 
pricing structure is reasonable, fair and equitable, and non-
discriminatory. The Exchange operates in a highly competitive market in 
which market participants may readily send order flow to many competing 
venues if they deem fees at the Exchange to be excessive or incentives 
provided to be insufficient. The proposed structure remains intended to 
attract order flow to the Exchange by offering market participants a 
competitive pricing structure. The Exchange believes it is reasonable 
to offer and incrementally modify incentives intended to help to 
contribute to the growth of the Exchange.
    Volume-based pricing such as that proposed herein have been widely 
adopted by exchanges, including the Exchange, and are equitable because 
they are open to all Members on an equal basis and provide additional 
benefits or discounts that are reasonably related to: (i) The value to 
an exchange's market quality; (ii) associated higher levels of market 
activity, such as higher levels of liquidity provisions and/or growth 
patterns; and (iii) introduction of

[[Page 6075]]

higher volumes of orders into the price and volume discovery processes.
    The proposed modification of the Single MPID Investor Tier 1 under 
footnote 4 should further incentive Members to send a higher level of 
orders to the Exchange in order to meet the tier's decreased criteria. 
The Exchange believes that by decreasing the tier's criteria, although 
modestly, it will encourage those Members who could not achieve the 
tier previously to increase their order flow as a means to receive the 
tier's enhanced rebate on an MPID basis. Thus, the Exchange believes 
that the proposed modification is reasonable and equitable because it 
should provide Members who viewed the current criteria as too high and 
did not previously attempt to achieve the tier's criteria with an 
incentive to add order flow to reach the new lower threshold. The 
proposed modification is non-discriminatory because it applies and is 
available to all Members.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange does not believe 
that the proposed change to the its tiered pricing structure burdens 
competition, but instead, enhances competition as it is intended to 
increase the competitiveness of BZX by modifying pricing incentives in 
order to attract order flow and incentivize participants to increase 
their participation on the Exchange. The Exchange notes that it 
operates in a highly competitive market in which market participants 
can readily direct order flow to competing venues if they deem fee 
structures to be unreasonable or excessive. The Exchange does not 
believe the proposed amendments would burden intramarket competition as 
they would be available to all Members uniformly.

(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 unsolicited 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 \14\ and paragraph (f) of Rule 19b-4 
thereunder.\15\ At any time within 60 days of the filing of the 
proposed rule change, the Commission summarily may temporarily suspend 
such rule change if it appears to the Commission that such action is 
necessary or appropriate in the public interest, for the protection of 
investors, or otherwise in furtherance of the purposes of the Act.
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CboeBZX-2018-007 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-2018-007. 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-2018-007 and should be submitted 
on or before March 5, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-02725 Filed 2-9-18; 8:45 am]
 BILLING CODE 8011-01-P
Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Notices 6075

higher volumes of orders into the price of the Act 14 and paragraph (f) of Rule personal identifying information from
and volume discovery processes. 19b–4 thereunder.15 At any time within comment submissions. You should
The proposed modification of the 60 days of the filing of the proposed rule submit only information that you wish
Single MPID Investor Tier 1 under change, the Commission summarily may to make available publicly. All
footnote 4 should further incentive temporarily suspend such rule change if submissions should refer to File
Members to send a higher level of orders it appears to the Commission that such Number SR–CboeBZX–2018–007 and
to the Exchange in order to meet the action is necessary or appropriate in the should be submitted on or before March
tier’s decreased criteria. The Exchange public interest, for the protection of 5, 2018.
believes that by decreasing the tier’s investors, or otherwise in furtherance of For the Commission, by the Division of
criteria, although modestly, it will the purposes of the Act. Trading and Markets, pursuant to delegated
encourage those Members who could authority.16
not achieve the tier previously to IV. Solicitation of Comments
Eduardo A. Aleman,
increase their order flow as a means to Interested persons are invited to Assistant Secretary.
receive the tier’s enhanced rebate on an submit written data, views, and
[FR Doc. 2018–02725 Filed 2–9–18; 8:45 am]
MPID basis. Thus, the Exchange arguments concerning the foregoing,
BILLING CODE 8011–01–P
believes that the proposed modification including whether the proposed rule
is reasonable and equitable because it change is consistent with the Act.
should provide Members who viewed Comments may be submitted by any of SECURITIES AND EXCHANGE
the current criteria as too high and did the following methods: COMMISSION
not previously attempt to achieve the Electronic Comments
tier’s criteria with an incentive to add Proposed Collection; Comment
order flow to reach the new lower • Use the Commission’s internet Request
threshold. The proposed modification is comment form (http://www.sec.gov/
non-discriminatory because it applies rules/sro.shtml); or Upon Written Request, Copies Available
and is available to all Members. • Send an email to rule-comments@ From: Securities and Exchange
sec.gov. Please include File Number SR– Commission, Office of FOIA Services,
(B) Self-Regulatory Organization’s CboeBZX–2018–007 on the subject line. 100 F Street NE, Washington, DC
Statement on Burden on Competition 20549–2736.
Paper Comments
The Exchange does not believe that Extension:
the proposed rule change will impose • Send paper comments in triplicate Rule 206(3)–2, SEC File No. 270–216, OMB
any burden on competition not to Secretary, Securities and Exchange Control No. 3235–0243
necessary or appropriate in furtherance Commission, 100 F Street NE,
Notice is hereby given that, pursuant
of the purposes of the Act. The Washington, DC 20549–1090.
to the Paperwork Reduction Act of 1995
Exchange does not believe that the All submissions should refer to File (44 U.S.C. 3501 et seq.), the Securities
proposed change to the its tiered pricing Number SR–CboeBZX–2018–007. This and Exchange Commission (the
structure burdens competition, but file number should be included on the ‘‘Commission’’) is soliciting comments
instead, enhances competition as it is subject line if email is used. To help the on the collection of information
intended to increase the Commission process and review your summarized below. The Commission
competitiveness of BZX by modifying comments more efficiently, please use plans to submit this existing collection
pricing incentives in order to attract only one method. The Commission will of information to the Office of
order flow and incentivize participants post all comments on the Commission’s Management and Budget for extension
to increase their participation on the internet website (http://www.sec.gov/ and approval.
Exchange. The Exchange notes that it rules/sro.shtml). Copies of the Rule 206(3)–2, (17 CFR 275.206(3)–2)
operates in a highly competitive market submission, all subsequent which is entitled ‘‘Agency Cross
in which market participants can amendments, all written statements Transactions for Advisory Clients,’’
readily direct order flow to competing with respect to the proposed rule permits investment advisers to comply
venues if they deem fee structures to be change that are filed with the with section 206(3) of the Investment
unreasonable or excessive. The Commission, and all written Advisers Act of 1940 (the ‘‘Act’’) (15
Exchange does not believe the proposed communications relating to the U.S.C. 80b–6(3)) by obtaining a client’s
amendments would burden intramarket proposed rule change between the blanket consent to enter into agency
competition as they would be available Commission and any person, other than cross transactions (i.e., a transaction in
to all Members uniformly. those that may be withheld from the which an adviser acts as a broker to both
public in accordance with the the advisory client and the opposite
(C) Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be party to the transaction), provided that
Statement on Comments on the available for website viewing and certain disclosures are made to the
Proposed Rule Change Received From printing in the Commission’s Public client. Rule 206(3)–2 applies to all
Members, Participants or Others Reference Room, 100 F Street NE, registered investment advisers. In
The Exchange has not solicited, and Washington, DC 20549, on official relying on the rule, investment advisers
does not intend to solicit, comments on business days between the hours of must provide certain disclosures to their
this proposed rule change. The 10:00 a.m. and 3:00 p.m. Copies of the clients. Advisory clients can use the
Exchange has not received any filing also will be available for disclosures to monitor agency cross
unsolicited written comments from inspection and copying at the principal transactions that affect their advisory
daltland on DSKBBV9HB2PROD with NOTICES

Members or other interested parties. office of the Exchange. All comments account. The Commission also uses the
received will be posted without change. information required by Rule 206(3)–2
III. Date of Effectiveness of the in connection with its investment
Persons submitting comments are
Proposed Rule Change and Timing for adviser inspection program to ensure
cautioned that we do not redact or edit
Commission Action that advisers are in compliance with the
The foregoing rule change has become 14 15 U.S.C. 78s(b)(3)(A).
effective pursuant to Section 19(b)(3)(A) 15 17 CFR 240.19b–4(f). 16 17 CFR 200.30–3(a)(12).

VerDate Sep<11>2014 19:23 Feb 09, 2018 Jkt 244001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\12FEN1.SGM 12FEN1
Document Created: 2018-11-01 08:42:02
Document Modified: 2018-11-01 08:42:02
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		83 FR 6074