83 FR 61686 - Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Modification of Certain Routing Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 231 (November 30, 2018)

Page Range		61686-61687
FR Document		2018-25999
Federal Register, Volume 83 Issue 231 (Friday, November 30, 2018)
[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Pages 61686-61687]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25999]



[[Page 61686]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84652; File No. SR-CboeBYX-2018-024]


Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Relating 
to the Modification of Certain Routing Fees

November 26, 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 November 13, 2018, Cboe BYX Exchange, Inc. (the ``Exchange'' or 
``BYX'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    Cboe BYX Exchange, Inc. (the ``Exchange'' or ``BYX'') is filing 
with the Securities and Exchange Commission (``Commission'') a proposed 
rule change to modify certain Routing Fees.
    The text of the proposed rule change is also available on the 
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, 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 aspects 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 to amend pricing 
for orders routed to Cboe EDGA Exchange, Inc., (``EDGA''), which yield 
fee codes AA, BJ, and RA.\3\ Particularly, as of November 1, 2018, EDGA 
implemented pricing changes for transactions that add and remove 
liquidity.\4\ The filing generally proposes that orders that add 
liquidity will be assessed a fee of $0.00300 per share and orders that 
remove liquidity will be provided a rebate of $0.00240 per share. Based 
on the changes in pricing at EDGA, the Exchange proposes the pricing 
changes described below.
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    \3\ The Exchange initially filed the proposed fee changes on 
November 1, 2018 (SR-CboeBYX-2018-023). On business date November 
13, 2018, the Exchange withdrew that filing and submitted this 
filing.
    \4\ See SR-CboeEDGA-2018-017.
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    First, the Exchange notes that orders routed to EDGA using ALLB 
routing strategy (which yield fee code AA) and orders routed to EDGA 
using a Destination Specific, TRIM or TRIM2 routing strategy (which 
yield fee code BJ) are currently assessed $0.00030 per share. The 
Exchange proposes to eliminate this fee and instead provide a rebate of 
$0.00240 per share for these orders. Next, the Exchange notes that 
orders routed to EDGA that add liquidity (which yield fee code RA) are 
assessed $0.00030 per share. The Exchange proposes to increase the rate 
from $0.00030 per share to $0.00300 per share.
2. Statutory Basis
    The Exchange also believes the proposed rule change is consistent 
with Section 6(b)(4) of the Act, which requires that Exchange rules 
provide for the equitable allocation of reasonable dues, fees, and 
other charges among its members and other persons using its facilities.
    The Exchange believes the proposed changes are reasonable because 
they reflect a pass-through of the pricing changes by EDGA described 
above. The Exchange further believes the proposed fee change is non-
discriminatory because it applies uniformly to all Members. The 
Exchange lastly notes that routing through the Exchange is voluntary 
and that it operates in a highly competitive market in which market 
participants can readily direct order flow to competing venues or 
providers of routing services if they deem fee levels to be excessive.

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 believes the 
proposed routing fee changes will not impose an undue burden on 
competition because the Exchange will uniformly assess the affected 
routing fees on all Members. Additionally, Members may opt to disfavor 
the Exchange's pricing if they believe that alternatives offer them 
better value or if they view the proposed fee as excessive. The 
Exchange also notes the proposed changes to the EDGA-related routing 
fees are meant to pass through the fees and rebates associated with 
executing orders on that market, and is therefore not designed to have 
any significant impact on competition. Further, excessive fees for 
participation would serve to impair an exchange's ability to compete 
for order flow and members rather than burdening competition.

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 \5\ and paragraph (f) of Rule 19b-4 \6\ 
thereunder. 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. If the Commission 
takes such action, the Commission will institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.
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    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f).

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[[Page 61687]]

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-CboeBYX-2018-024 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-2018-024. 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-CboeBYX-2018-024 and should be submitted 
on or before December 21, 2018.
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    \7\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-25999 Filed 11-29-18; 8:45 am]
 BILLING CODE 8011-01-P
Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Notices 61687

IV. Solicitation of Comments For the Commission, by the Division of SECURITIES AND EXCHANGE
Trading and Markets, pursuant to delegated COMMISSION
Interested persons are invited to authority.7
submit written data, views, and Eduardo A. Aleman, [Release No. 34–84647; File No. SR–
arguments concerning the foregoing, NYSEArca–2018–84]
Assistant Secretary.
including whether the proposed rule [FR Doc. 2018–25999 Filed 11–29–18; 8:45 am] Self-Regulatory Organizations; NYSE
change is consistent with the Act. BILLING CODE 8011–01–P Arca, Inc.; Notice of Filing and
Comments may be submitted by any of Immediate Effectiveness of Proposed
the following methods: Rule Change to Amend Rule 6.4–O,
SECURITIES AND EXCHANGE Series of Options Open for Trading
Electronic Comments
COMMISSION
November 26, 2018.
• Use the Commission’s internet
comment form (http://www.sec.gov/ [Release No. 34–84651; File No. SR– Pursuant to Section 19(b)(1) 1 of the
rules/sro.shtml); or PEARL–2018–19] Securities Exchange Act of 1934
(‘‘Act’’) 2 and Rule 19b–4 thereunder,3
• Send an email to rule-comments@ Self-Regulatory Organizations; MIAX notice is hereby given that, on
sec.gov. Please include File Number SR– PEARL, LLC; Notice of Withdrawal of November 19, 2018, NYSE Arca, Inc.
CboeBYX–2018–024 on the subject line. a Proposed Rule Change To Amend (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed
the Fee Schedule Regarding with the Securities and Exchange
Paper Comments
Connectivity Fees for Members and Commission (‘‘Commission’’) the
• Send paper comments in triplicate Non-Members proposed rule change as described in
to Secretary, Securities and Exchange Items I and II below, which Items have
November 26, 2018.
Commission, 100 F Street NE, been prepared by the self-regulatory
On September 18, 2018, MIAX organization. The Commission is
Washington, DC 20549–1090. PEARL, LLC (‘‘MIAX PEARL’’ or the publishing this notice to solicit
All submissions should refer to File ‘‘Exchange’’) filed with the Securities comments on the proposed rule change
Number SR–CboeBYX–2018–024. This and Exchange Commission from interested persons.
file number should be included on the (‘‘Commission’’), pursuant to Section
subject line if email is used. To help the 19(b)(1) of the Securities Exchange Act I. Self-Regulatory Organization’s
Commission process and review your of 1934 (‘‘Act’’),1 and Rule 19b–4 Statement of the Terms of Substance of
comments more efficiently, please use thereunder,2 a proposed rule change to the Proposed Rule Change
only one method. The Commission will amend the MIAX PEARL Fee Schedule The Exchange proposes to amend
post all comments on the Commission’s to increase certain connectivity fees. Rule 6.4–O. The proposed rule change
internet website (http://www.sec.gov/ The proposed rule change was is available on the Exchange’s website at
rules/sro.shtml). Copies of the immediately effective upon filing with www.nyse.com, at the principal office of
submission, all subsequent the Commission pursuant to Section the Exchange, and at the Commission’s
amendments, all written statements 19(b)(3)(A) of the Act.3 On October 10, Public Reference Room.
with respect to the proposed rule 2018 the proposed rule change was
II. Self-Regulatory Organization’s
change that are filed with the published for comment in the Federal
Statement of the Purpose of, and
Commission, and all written Register and, pursuant to Section
Statutory Basis for, the Proposed Rule
communications relating to the 19(b)(3)(C) of the Act, the Commission:
Change
proposed rule change between the (1) Temporarily suspended the
proposed rule change; and (2) instituted In its filing with the Commission, the
Commission and any person, other than self-regulatory organization included
proceedings to determine whether to
those that may be withheld from the statements concerning the purpose of,
approve or disapprove the proposal.4
public in accordance with the and basis for, the proposed rule change
The Commission received one
provisions of 5 U.S.C. 552, will be and discussed any comments it received
comment letter on the proposal.5 On
available for website viewing and on the proposed rule change. The text
November 23, 2018, the Exchange
printing in the Commission’s Public withdrew the proposed rule change of those statements may be examined at
Reference Room, 100 F Street NE, (SR–PEARL–2018–19). the places specified in Item IV below.
Washington, DC 20549 on official The Exchange has prepared summaries,
business days between the hours of For the Commission, by the Division of
Trading and Markets, pursuant to delegated set forth in sections A, B, and C below,
10:00 a.m. and 3:00 p.m. Copies of the of the most significant parts of such
authority.6
filing also will be available for statements.
Eduardo A. Aleman,
inspection and copying at the principal
office of the Exchange. All comments Assistant Secretary. A. Self-Regulatory Organization’s
received will be posted without change. [FR Doc. 2018–25995 Filed 11–29–18; 8:45 am] Statement of the Purpose of, and the
Persons submitting comments are BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule
cautioned that we do not redact or edit Change
personal identifying information from 1 15 U.S.C. 78s(b)(1). 1. Purpose
2 17 CFR 240.19b–4.
comment submissions. You should The purpose of this filing is to amend
3 15 U.S.C. 78s(b)(3)(A).
submit only information that you wish Rule 6.4–O, Series of Options Open for
amozie on DSK3GDR082PROD with NOTICES1

4 See Securities Exchange Act Release No. 84358
to make available publicly. All (October 3, 2018), 83 FR 51022. Trading, to permit the listing and
submissions should refer to File 5 See Letter from Theodore R. Lazo, Managing
trading of up to ten expiration months
Number SR–CboeBYX–2018–024 and Director and Associate General Counsel, and Ellen
for long term options on the SPDR® S&P
should be submitted on or before Greene, Managing Director, The Securities Industry
and Financial Markets Association, to Brent J.
December 21, 2018. Fields, Secretary, Commission, dated October 15, 1 15 U.S.C.78s(b)(1).
2018. 2 15 U.S.C. 78a.
7 17 CFR 200.30–3(a)(12). 6 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4.

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Document Created: 2018-11-30 04:35:43
Document Modified: 2018-11-30 04:35:43
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 61686