Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Transaction Fees, 11252-11254 [2018-05079]
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11252
Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
RI 38–107 is designed for use by the
Retirement Inspection Branch when
OPM, for any reason, must verify that
the entitled person is indeed receiving
the monies payable. RI 38–147 collects
the same information and is used by
other groups within Retirement
Operations. Failure to collect this
information would cause OPM to pay
monies absent the assurance of a correct
payee.
Analysis
Agency: Retirement Operations,
Retirement Services, Office of Personnel
Management.
Title: Verification of Who is Getting
Payments.
OMB Number: 3206–0197.
Frequency: On occasion.
Affected Public: Individuals or
Households.
Number of Respondents: 25,400.
Estimated Time per Respondent: 10
minutes.
Total Burden Hours: 4,234 hours.
U.S. Office of Personnel Management.
Kathleen M. McGettigan,
Acting Director.
[FR Doc. 2018–05127 Filed 3–13–18; 8:45 am]
BILLING CODE 6325–38–P
OFFICE OF PERSONNEL
MANAGEMENT
Submission for Review: Marital Status
Certification Survey, RI 25–7
Office of Personnel
Management.
ACTION: 30-Day notice and request for
comments.
AGENCY:
Retirement Services, Office of
Personnel Management (OPM) offers the
general public and other federal
agencies the opportunity to comment on
a revised information collection (ICR),
Marital Status Certification Survey, RI
25–7.
DATES: Comments are encouraged and
will be accepted until April 13, 2018.
ADDRESSES: Interested persons are
invited to submit written comments on
daltland on DSKBBV9HB2PROD with NOTICES
SUMMARY:
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the proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 17th Street NW,
Washington, DC 20503, Attention: Desk
Officer for the Office of Personnel
Management or sent via electronic mail
to oira_submission@omb.eop.gov or
faxed to (202) 395–6974.
A
copy of this information collection, with
applicable supporting documentation,
may be obtained by contacting the
Retirement Services Publications Team,
Office of Personnel Management, 1900 E
Street NW, Room 3316–L, Washington,
DC 20415, Attention: Cyrus S. Benson,
or sent via electronic mail to
Cyrus.Benson@opm.gov or faxed to
(202) 606–0910 or via telephone at (202)
606–4808.
FOR FURTHER INFORMATION CONTACT:
As
required by the Paperwork Reduction
Act of 1995 OPM is soliciting comments
for this collection. The information
collection (OMB No. 3206–0033) was
previously published in the Federal
Register on December 11, 2017, at 82 FR
58226, allowing for a 60-day public
comment period. No comments were
received for this collection. The purpose
of this notice is to allow an additional
30 days for public comments. The Office
of Management and Budget is
particularly interested in comments
that:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
RI 25–7 is used to determine whether
widows, widowers, and former spouses
receiving survivor annuities from OPM
have remarried before reaching age 55
and, thus, are no longer eligible for
benefits.
SUPPLEMENTARY INFORMATION:
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Analysis
Agency: Retirement Operations,
Retirement Services, Office of Personnel
Management.
Title: Marital Status Certification
Survey.
OMB Number: 3206–0033.
Frequency: Annually.
Affected Public: Individuals or
Households.
Number of Respondents: 24,000.
Estimated Time per Respondent: 15
minutes.
Total Burden Hours: 6,000 hours.
U.S. Office of Personnel Management.
Kathleen M. McGettigan,
Acting Director.
[FR Doc. 2018–05128 Filed 3–13–18; 8:45 am]
BILLING CODE 6325–38–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–82834; File No. SR–
CboeBZX–2018–015]
Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change Related to
Transaction Fees
March 8, 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 March 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.
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
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b–4(f)(2).
5 The term ‘‘Member’’ is defined as ‘‘any
registered broker or dealer that has been admitted
2 17
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Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices
Exchange pursuant to BZX Rules 15.1(a)
and (c).
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
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The Exchange proposes to amend the
fee schedule applicable to its equities
trading platform (‘‘BZX Equities’’) to
add a second Step-Up Tier under
footnote 2. The Exchange currently
offers one Step-Up Tier that provides
Members with an additional way to
qualify for an enhanced rebate where
they increase their liquidity each month
over a predetermined baseline. Under
the current Step-Up Tier, a Member
receives a rebate of $0.0030 per share for
qualifying orders which yield fee codes
B,6 V,7 or Y 8 where their: (1) Step-Up
Add TCV 9 from April 2016 is equal to
or greater than 0.15%; and (2) ADAV 10
to membership in the Exchange.’’ See Exchange
Rule 1.5(n).
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 ‘‘Step-Up Add TCV’’ means ADAV as a
percentage of TCV in the relevant baseline month
subtracted from current ADAV as a percentage of
TCV. See the BZX Equities fee schedule available
at https://markets.cboe.com/us/equities/
membership/fee_schedule/bzx/.
10 ‘‘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. Id.
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as a percentage of TCV 11 is equal to or
greater than 0.20%.
The Exchange now proposes to amend
footnote 2 to add a second Step-Up Tier
under which the volume measured to
determine whether a Member qualifies
is performed on a Member Participant
Identifier (‘‘MPID’’) by MPID basis.12
Under the proposed Tier 2, a Member
would receive a rebate of $0.0031 per
share for their qualifying orders which
yield fee codes B, V, or Y where their
individual MPID has: (1) A Step-Up
Add TCV from January 2018 equal to or
greater than 0.30%; and (2) an ADAV as
a percentage of TCV equal to or greater
than 0.45%. The Exchange proposes to
implement this amendments to its fee
schedule on March 1, 2018.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the objectives of Section 6 of the Act,13
in general, and furthers the objectives of
Section 6(b)(4),14 in particular, as it is
designed to provide for the equitable
allocation of reasonable dues, fees and
other charges among its Members and
other persons using its facilities. 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 levels at a particular venue to
be excessive. The proposed rule change
reflects a competitive pricing structure
designed to incent market participants
to direct their order flow to the
Exchange. The Exchange believes that
the proposed tier is equitable and nondiscriminatory in it would apply
uniformly to all Members.
Volume-based rebates 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 provision and/or
growth patterns; and (iii) introduction of
higher volumes of orders into the price
and volume discovery processes. The
Exchange believes that the proposed tier
is a reasonable, fair and equitable, and
not unfairly discriminatory allocation of
11 ‘‘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.
12 The Exchange proposes to number the existing
tier as Tier 1.
13 15 U.S.C. 78f.
14 15 U.S.C. 78f(b)(4).
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11253
fees and rebates because it will continue
to provide Members with an incentive
to reach certain thresholds on the
Exchange.
In particular, the Exchange believes
the proposed Step-Up Tier is a
reasonable means to encourage
Members to increase their liquidity on
the Exchange based on increasing their
volume above a predetermined baseline.
The Exchange further believes that the
proposed Step-Up Tier represents an
equitable allocation of reasonable dues,
fees, and other charges because the
thresholds necessary to achieve the tier
encourages Members to add increased
liquidity to the BZX Book 15 each
month. The increased liquidity benefits
all investors by deepening the
Exchange’s liquidity pool, offering
additional flexibility for all investors to
enjoy cost savings, supporting the
quality of price discovery, promoting
market transparency and improving
investor protection. The Exchange also
believes that proposed rebate is
reasonable based on the difficulty of
satisfying the tier’s criteria as compared
to the existing Step-Up Tier, which
provides a lower rebate and less
stringent criteria. By applying the tier
on a single MPID rather than across a
Member’s entire trading activity, the
Exchange is also allowing more
Members to potentially receive the
enhanced rebates for their trading
activity related to that individual
MPID’s liquidity provisioning.
(B) Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe its
proposed tier would 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 tier
represents a significant departure from
previous pricing offered by the
Exchange or pricing offered by the
Exchange’s competitors. Additionally,
Members may opt to disfavor the
Exchange’s pricing if they believe that
alternatives offer them better value. The
Exchange does not believe that the
proposed tier would burden
competition, but instead, enhance
competition, as it is intended to increase
the competitiveness of and draw
additional volume to the Exchange. The
Exchange does not believe the proposed
tier would burden intramarket
competition as it would apply to all
Members uniformly. Accordingly, the
Exchange does not believe that the
proposed change will impair the ability
of Members or competing venues to
15 See
E:\FR\FM\14MRN1.SGM
Exchange Rule 1.5(e).
14MRN1
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Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices
maintain their competitive standing in
the financial markets.
(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 16 and paragraph (f) of Rule
19b–4 thereunder.17 At any time within
60 days of the filing of the proposed rule
change, the Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
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:
daltland on DSKBBV9HB2PROD with NOTICES
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File No. SR–
CboeBZX–2018–015 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 No.
SR–CboeBZX–2018–015. 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 (https://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 No.
SR–CboeBZX–2018–XXX and should be
submitted on or before April 4, 2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–05079 Filed 3–13–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–82846; File No. SR–ISE–
2018–16]
Self-Regulatory Organizations; Nasdaq
ISE, LLC; Notice of Filing of Proposed
Rule Change To Introduce the ATR
Protection for Orders That Are Routed
to Away Markets
March 9, 2018.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on February
23, 2018, Nasdaq ISE, LLC (‘‘ISE’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II,
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.
18 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
16 15
U.S.C. 78s(b)(3)(A).
17 17 CFR 240.19b–4(f).
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I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to introduce
its Acceptable Trade Range protection
for orders that are routed to away
markets pursuant to the Options Order
Protection and Locked/Crossed Markets
Plan.
The text of the proposed rule change
is available on the Exchange’s website at
https://ise.cchwallstreet.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 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 offers an Acceptable
Trade Range (‘‘ATR’’) protection that
prevents the execution of quotes and
orders on the regular order book outside
of set thresholds. The purpose of the
proposed rule change is to enhance this
ATR protection for orders that are
routed to away markets pursuant to the
Options Order Protection and Locked/
Crossed Markets Plan (‘‘Linkage Plan’’)
instead of being executed immediately
on the Exchange or resting on the
regular order book.
As codified in Rule 714(b)(1), the
Exchange’s trading system calculates an
Acceptable Trade Range to limit the
range of prices at which an order or
quote will be allowed to execute.3 The
Acceptable Trade Range is calculated by
taking the reference price, plus or minus
a value to be determined by the
Exchange (i.e., the reference price¥(x)
for sell orders/quotes and the reference
3 The ATR protection is not available for Complex
Orders that leg in to the regular order book, which
are instead subject to the Price Level Protection
pursuant to Rule 714(a)(4), or for All-or-None
orders.
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Agencies
[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Pages 11252-11254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05079]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-82834; File No. SR-CboeBZX-2018-015]
Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Transaction Fees
March 8, 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 March 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 amend the fee schedule applicable
to Members \5\ and non-Members of the
[[Page 11253]]
Exchange pursuant to BZX Rules 15.1(a) and (c).
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 the fee schedule applicable to its
equities trading platform (``BZX Equities'') to add a second Step-Up
Tier under footnote 2. The Exchange currently offers one Step-Up Tier
that provides Members with an additional way to qualify for an enhanced
rebate where they increase their liquidity each month over a
predetermined baseline. Under the current Step-Up Tier, a Member
receives a rebate of $0.0030 per share for qualifying orders which
yield fee codes B,\6\ V,\7\ or Y \8\ where their: (1) Step-Up Add TCV
\9\ from April 2016 is equal to or greater than 0.15%; and (2) ADAV
\10\ as a percentage of TCV \11\ is equal to or greater than 0.20%.
---------------------------------------------------------------------------
\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\ ``Step-Up Add TCV'' means ADAV as a percentage of TCV in the
relevant baseline month subtracted from current ADAV as a percentage
of TCV. See the BZX Equities fee schedule available at https://markets.cboe.com/us/equities/membership/fee_schedule/bzx/.
\10\ ``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.
Id.
\11\ ``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.
---------------------------------------------------------------------------
The Exchange now proposes to amend footnote 2 to add a second Step-
Up Tier under which the volume measured to determine whether a Member
qualifies is performed on a Member Participant Identifier (``MPID'') by
MPID basis.\12\ Under the proposed Tier 2, a Member would receive a
rebate of $0.0031 per share for their qualifying orders which yield fee
codes B, V, or Y where their individual MPID has: (1) A Step-Up Add TCV
from January 2018 equal to or greater than 0.30%; and (2) an ADAV as a
percentage of TCV equal to or greater than 0.45%. The Exchange proposes
to implement this amendments to its fee schedule on March 1, 2018.
---------------------------------------------------------------------------
\12\ The Exchange proposes to number the existing tier as Tier
1.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\13\ in general, and
furthers the objectives of Section 6(b)(4),\14\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities. 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 levels at a particular venue to be
excessive. The proposed rule change reflects a competitive pricing
structure designed to incent market participants to direct their order
flow to the Exchange. The Exchange believes that the proposed tier is
equitable and non-discriminatory in it would apply uniformly to all
Members.
---------------------------------------------------------------------------
\13\ 15 U.S.C. 78f.
\14\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
Volume-based rebates 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 provision and/or growth
patterns; and (iii) introduction of higher volumes of orders into the
price and volume discovery processes. The Exchange believes that the
proposed tier is a reasonable, fair and equitable, and not unfairly
discriminatory allocation of fees and rebates because it will continue
to provide Members with an incentive to reach certain thresholds on the
Exchange.
In particular, the Exchange believes the proposed Step-Up Tier is a
reasonable means to encourage Members to increase their liquidity on
the Exchange based on increasing their volume above a predetermined
baseline. The Exchange further believes that the proposed Step-Up Tier
represents an equitable allocation of reasonable dues, fees, and other
charges because the thresholds necessary to achieve the tier encourages
Members to add increased liquidity to the BZX Book \15\ each month. The
increased liquidity benefits all investors by deepening the Exchange's
liquidity pool, offering additional flexibility for all investors to
enjoy cost savings, supporting the quality of price discovery,
promoting market transparency and improving investor protection. The
Exchange also believes that proposed rebate is reasonable based on the
difficulty of satisfying the tier's criteria as compared to the
existing Step-Up Tier, which provides a lower rebate and less stringent
criteria. By applying the tier on a single MPID rather than across a
Member's entire trading activity, the Exchange is also allowing more
Members to potentially receive the enhanced rebates for their trading
activity related to that individual MPID's liquidity provisioning.
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\15\ See Exchange Rule 1.5(e).
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(B) Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe its proposed tier would 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 tier represents a significant departure from previous
pricing offered by the Exchange or pricing offered by the Exchange's
competitors. Additionally, Members may opt to disfavor the Exchange's
pricing if they believe that alternatives offer them better value. The
Exchange does not believe that the proposed tier would burden
competition, but instead, enhance competition, as it is intended to
increase the competitiveness of and draw additional volume to the
Exchange. The Exchange does not believe the proposed tier would burden
intramarket competition as it would apply to all Members uniformly.
Accordingly, the Exchange does not believe that the proposed change
will impair the ability of Members or competing venues to
[[Page 11254]]
maintain their competitive standing in the financial markets.
(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 \16\ and paragraph (f) of Rule 19b-4
thereunder.\17\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
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\16\ 15 U.S.C. 78s(b)(3)(A).
\17\ 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 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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File No. SR-CboeBZX-2018-015 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 No. SR-CboeBZX-2018-015. 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 (https://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 No. SR-CboeBZX-2018-XXX and should be submitted on
or before April 4, 2018.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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\18\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-05079 Filed 3-13-18; 8:45 am]
BILLING CODE 8011-01-P