Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on Cboe EDGA Exchange, Inc., 34630-34632 [2018-15505]
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34630
Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
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–ISE–2018–61. 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 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–ISE–2018–61 and should be
submitted on or before August 10, 2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.32
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–15503 Filed 7–19–18; 8:45 am]
daltland on DSKBBV9HB2PROD with NOTICES
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–83643; File No. SRCboeEDGA–2018–012]
Self-Regulatory Organizations; Cboe
EDGA Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change Related to Fees
for Use on Cboe EDGA Exchange, Inc.
July 16, 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 July 2,
2018, Cboe EDGA Exchange, Inc.
(‘‘Exchange’’ or ‘‘EDGA’’) 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
Exchange pursuant to EDGA 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
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
to membership in the Exchange.’’ See Exchange
Rule 1.5(n).
2 17
32 17
CFR 200.30–3(a)(12).
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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 to (i) amend its pricing
model, (ii) eliminate Add Volume Tier
1 and (iii) amend certain routing fees,
effective July 2, 2018.
Currently, the Exchange utilizes a low
pricing model under which it charges a
low fee or provides the execution free of
charge. The Exchange proposes to
amend its fee schedule to replace its
current low pricing model to an
inverted pricing model under which the
Exchange will charge a fee to add
liquidity and provide a rebate to remove
liquidity.
Displayed Order Fee Change
In securities priced at or above $1.00,
the Exchange currently charges a fee of
$0.00030 per share for Displayed orders
that add or remove liquidity. The
Exchange proposes to assess a standard
rate of $0.00080 per share for Displayed
orders that add liquidity for securities at
or above $1.00 that are appended with
fee codes B, V, Y, 3 or 4. The Exchange
also proposes to provide a rebate of
$0.00040 per share for orders that
remove liquidity for securities at or
above $1.00 that are appended with fee
codes N, W, 6, or BB. All Displayed
orders in securities priced below $1.00
would continue to be free.
Non-Displayed Order Fee Change
In securities priced at or above $1.00,
the Exchange currently charges a fee of
$0.00050 per share for Non-Displayed
orders that remove liquidity other than
orders that yield fee code DT and DR
(i.e., orders that yield fee codes HR, MT,
PT). The Exchange notes that it does not
assess a fee or provide a rebate for NonDisplayed orders that remove liquidity
using Midpoint Discretionary Orders
within discretionary range and yield fee
code DT. The Exchange does assess a fee
of $0.00030 for Non-Displayed orders
that remove liquidity using MidPoint
Discretionary Orders that are not within
discretionary range and yield fee code
DR. The Exchange does not currently
assess a fee or provide a rebate for NonDisplayed orders that add liquidity
other than orders that yield fee code DA
(i.e., orders that yield fee codes DM, HA,
MM, RP, PA). The Exchange does assess
a fee of $0.00030 per share for Non-
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daltland on DSKBBV9HB2PROD with NOTICES
Displayed orders that add liquidity
using Midpoint Discretionary orders not
within dictionary range and yield fee
code DA. In connection with its
proposal to implement an inverted
pricing model, and to simplify its fee
schedule, the Exchange now proposes to
provide a rebate of $0.00040 per share
to all Non-Displayed orders in securities
priced above $1.00 that remove liquidity
and to charge $0.00080 per share to all
Non-Displayed orders that add liquidity.
The Exchange does not propose to
amend the fees charged for NonDisplayed orders in securities priced
below $1.00.
Additionally, in light of the change in
pricing model, the Exchange does not
wish to maintain Add Volume Tier 1
and accordingly proposes to eliminate it
from the fee schedule.
The Exchange next proposes to amend
certain routing fees. Particularly, for
securities at or above $1.00, the
Exchange proposes to amend routing
fees for the following orders: (i) Routed
orders, pre and post market, which yield
fee code 7 and are charged $0.00270 per
share, (ii) routed orders to EDGX, which
yield fee code I and are charged
$0.00290 per share; (iii) routed orders,
which yield fee code X and are charged
$0.00290 per share; (iv) routed orders
using ROUX routing strategy, which
yield fee code RX and are charged
$0.00280 per share and (v) routed orders
using ROUT routing strategy, which
yield fee code RT and are charged
$0.00260 per share. The Exchange is
proposing to amend those rates as
follows: (i) the fee for routed orders, pre
and post market, which yield fee code
7, would be increased to $0.00300 per
share; (ii) the fee for routed orders to
EDGX, which yield fee code I, would be
increased to $0.00300 per share; (iii) the
fee for routed orders, which yield fee
code X, would be increased to $0.00300
per share; (iv) the fee for routed orders
using ROUX routing strategy, which
yield fee code RX, would be increased
to $0.00290 per share and (v) the fee for
routed orders using ROUT routing
strategy, which yield fee code RT,
would be increased to $0.00280 per
share. The Exchange notes that the
proposed amounts are in line with
amounts assessed for similar transaction
on other exchanges.6
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the objectives of Section 6 of the Act,7
6 See e.g., Cboe EDGX U.S. Securities Fee
Schedule, Fee Codes and Associated Fees. See also
NYSE National, Inc. Schedule of Fees and Rebates,
Section II, Routing Fees.
7 15 U.S.C. 78f.
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in general, and furthers the objectives of
Section 6(b)(4),8 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 believes its proposal to
replace its current low fee model with
a taker-maker pricing model where it
would charge a fee for adding liquidity
and provide a rebate for removing
liquidity is equitable and reasonable as
it would serve to simplify its fee
schedule to provide a standard rate for
orders that add liquidity and a standard
rebate for orders that remove liquidity,
while also eliminating its pricing
incentive under Add Volume Tier 1.
The proposed fee structure provides a
simple and straightforward model that
would treat Displayed and NonDisplayed orders equally.
The Exchange believes providing
rebates for orders removing liquidity is
reasonable, equitable and not unfairly
discriminatory because it provides an
incentive to bring additional liquidity to
the Exchange, thereby promoting price
discovery and enhancing order
execution opportunities for Members.
The Exchange believes that assessing
fees for orders that add liquidity is
reasonable, equitable and not unfairly
discriminatory because the Exchange
must balance the cost of credits for
orders that remove liquidity. The
Exchange believes the proposed changes
are equitable and not unfairly
discriminatory because they apply
equally to all members. The Exchange
also notes that other exchanges utilize
taker-maker pricing models and notes
that the proposed fees and rebates are in
line with the fees and rebates assessed
on other exchanges for similar
transactions.9
The elimination of Add Volume Tier
1 is also equitable and reasonable
because it would aid in simplifying the
fee schedule and result in all Members
being charged the same rates for all
transactions regardless of their monthly
volumes. The proposed change also
applies to all Members.
The Exchange lastly believes its
proposed changes relating to certain
routing fees are reasonable taking into
account routing costs and also notes that
the proposed changes are in line with
amounts assessed by other exchanges.10
U.S.C. 78f(b)(4).
e.g., Cboe BYX U.S. Equities Fee Schedule,
Standard Rates, for transactions that add and
remove liquidity. See also NYSE National, Inc.
Schedule of Fees and Rebates, Section I.A General
Rates, for transaction fees for adding liquidity.
10 See e.g., Cboe EDGX U.S. Securities Fee
Schedule, Fee Codes and Associated Fees. See also
NYSE National, Inc. Schedule of Fees and Rebates,
Section II, Routing Fees.
PO 00000
8 15
9 See
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The Exchange believes the proposed
changes to its routing fees are equitable
and not unfairly discriminatory because
the proposed changes apply equally to
all Members. The Exchange notes that
routing through the Exchange is
voluntary and also notes 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
This proposed rule change does 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 this
change represents a significant
departure from previous pricing offered
by the Exchange’s competitors. The
proposed rates and rebates would apply
uniformly to all Members, and Members
may opt to disfavor the Exchange’s
pricing if they believe that alternatives
offer them better value. Accordingly, the
Exchange does not believe that the
proposed changes will impair the ability
of Members or competing venues to
maintain their competitive standing in
the financial markets. Further, excessive
fees would serve to impair an
exchange’s ability to compete for order
flow and members rather than
burdening competition. The Exchange
believes that its proposal would not
burden intramarket competition because
the proposed rate would apply
uniformly to all Members.
(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
11 15
12 17
E:\FR\FM\20JYN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
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34632
Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
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 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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
CboeEDGA–2018–012 on the subject
line.
Paper Comments
daltland on DSKBBV9HB2PROD with NOTICES
• 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-CboeEDGA–2018–012. 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 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–CboeEDGA–2018–012 and
should be submitted on or before
August 10, 2018.
VerDate Sep<11>2014
18:06 Jul 19, 2018
Jkt 244001
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–15505 Filed 7–19–18; 8:45 am]
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Self-Regulatory Organizations; Nasdaq
MRX, LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change to Amend MRX Rule 723
MRX proposes to amend Rule 723,
entitled ‘‘Price Improvement
Mechanism for Crossing Transactions.’’
Specifically, the Exchange proposes to
amend Rule 723(c)(2) to expand the
types of Improvement Orders 3 that may
be entered into the Price Improvement
Mechanism or ‘‘PIM.’’ The Exchange
also proposes to amend Rule 723(d)(1)–
(3) to more specifically clarify terms
such as ‘‘orders’’ and ‘‘responses’’ in
that section.
July 16, 2018,
Background
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–83646; File No. SR–MRX–
2018–24]
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 July 5,
2018, Nasdaq MRX, LLC (‘‘MRX’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
MRX Rule 723, entitled ‘‘Price
Improvement Mechanism for Crossing
Transactions.’’
The text of the proposed rule change
is available on the Exchange’s website at
https://nasdaqmrx.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.
PO 00000
13 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
Frm 00097
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The Exchange adopted PIM as part of
its application to be registered as a
national securities exchange.4 In
approving PIM, the Commission noted
that it was largely based on a similar
functionality offered by the
International Securities Exchange, LLC
(now Nasdaq ISE, LLC) (‘‘ISE’’).5 ISE
received approval to establish its PIM in
2004 that would allow an ISE Electronic
Access Member (‘‘EAM’’) to enter
matched trades (‘‘Crossing
Transactions’’).6 As noted in the
Adopting Filing, a Crossing Transaction
would be comprised of an order that the
EAM represents as agent (‘‘Agency
Order’’) and an order that is executable
against the Agency Order for the full
size of the Agency Order (the ‘‘CounterSide Order’’).7 In the Adopting Filing,
ISE specified in Rule 723(c)(2) that
Improvement Orders may be for the
account of a Public Customer or for the
Member’s own account.8 The Adopting
Filing noted that ISE would broadcast
3 Rule 723(c)(1) defines an Improvement Order.
The Exchange will designate via circular a time of
no less than 100 milliseconds and no more than 1
second for Members to indicate the size and price
at which they want to participate in the execution
of the Agency Order (‘‘Improvement Orders’’).
4 See Securities Exchange Act Release No. 76998
(January 29, 2016), 81 FR 6066 (February 4, 2016)
(File No. 10–221) (Exchange Approval Order).The
Exchange subsequently changed its name to ISE
Mercury and then later Nasdaq MRX.
5 Id.
6 See Securities Exchange Act Release No. 50819
(December 8, 2004), 69 FR 75093 (December 15,
2004) (SR–ISE–2003–06) (Order Granting Approval
of Proposed Rule Change and Amendment No. 1
Thereto and Notice of Filing and Order Granting
Accelerated Approval to Amendments No. 2 and 3
Thereto by the International Securities Exchange,
Inc. To Establish Rules Implementing a Price
Improvement Mechanism) (‘‘Adopting Filing’’).
7 The Counter-Side Order may represent interest
for the EAM’s own account, or interest the EAM has
solicited from one or more other parties, or a
combination of both.
8 Id.
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Agencies
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34630-34632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15505]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-83643; File No. SR-CboeEDGA-2018-012]
Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change Related
to Fees for Use on Cboe EDGA Exchange, Inc.
July 16, 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 July 2, 2018, Cboe EDGA Exchange, Inc. (``Exchange'' or ``EDGA'')
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 Exchange pursuant to EDGA 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 its fee schedule to (i) amend its
pricing model, (ii) eliminate Add Volume Tier 1 and (iii) amend certain
routing fees, effective July 2, 2018.
Currently, the Exchange utilizes a low pricing model under which it
charges a low fee or provides the execution free of charge. The
Exchange proposes to amend its fee schedule to replace its current low
pricing model to an inverted pricing model under which the Exchange
will charge a fee to add liquidity and provide a rebate to remove
liquidity.
Displayed Order Fee Change
In securities priced at or above $1.00, the Exchange currently
charges a fee of $0.00030 per share for Displayed orders that add or
remove liquidity. The Exchange proposes to assess a standard rate of
$0.00080 per share for Displayed orders that add liquidity for
securities at or above $1.00 that are appended with fee codes B, V, Y,
3 or 4. The Exchange also proposes to provide a rebate of $0.00040 per
share for orders that remove liquidity for securities at or above $1.00
that are appended with fee codes N, W, 6, or BB. All Displayed orders
in securities priced below $1.00 would continue to be free.
Non-Displayed Order Fee Change
In securities priced at or above $1.00, the Exchange currently
charges a fee of $0.00050 per share for Non-Displayed orders that
remove liquidity other than orders that yield fee code DT and DR (i.e.,
orders that yield fee codes HR, MT, PT). The Exchange notes that it
does not assess a fee or provide a rebate for Non-Displayed orders that
remove liquidity using Midpoint Discretionary Orders within
discretionary range and yield fee code DT. The Exchange does assess a
fee of $0.00030 for Non-Displayed orders that remove liquidity using
MidPoint Discretionary Orders that are not within discretionary range
and yield fee code DR. The Exchange does not currently assess a fee or
provide a rebate for Non-Displayed orders that add liquidity other than
orders that yield fee code DA (i.e., orders that yield fee codes DM,
HA, MM, RP, PA). The Exchange does assess a fee of $0.00030 per share
for Non-
[[Page 34631]]
Displayed orders that add liquidity using Midpoint Discretionary orders
not within dictionary range and yield fee code DA. In connection with
its proposal to implement an inverted pricing model, and to simplify
its fee schedule, the Exchange now proposes to provide a rebate of
$0.00040 per share to all Non-Displayed orders in securities priced
above $1.00 that remove liquidity and to charge $0.00080 per share to
all Non-Displayed orders that add liquidity. The Exchange does not
propose to amend the fees charged for Non-Displayed orders in
securities priced below $1.00.
Additionally, in light of the change in pricing model, the Exchange
does not wish to maintain Add Volume Tier 1 and accordingly proposes to
eliminate it from the fee schedule.
The Exchange next proposes to amend certain routing fees.
Particularly, for securities at or above $1.00, the Exchange proposes
to amend routing fees for the following orders: (i) Routed orders, pre
and post market, which yield fee code 7 and are charged $0.00270 per
share, (ii) routed orders to EDGX, which yield fee code I and are
charged $0.00290 per share; (iii) routed orders, which yield fee code X
and are charged $0.00290 per share; (iv) routed orders using ROUX
routing strategy, which yield fee code RX and are charged $0.00280 per
share and (v) routed orders using ROUT routing strategy, which yield
fee code RT and are charged $0.00260 per share. The Exchange is
proposing to amend those rates as follows: (i) the fee for routed
orders, pre and post market, which yield fee code 7, would be increased
to $0.00300 per share; (ii) the fee for routed orders to EDGX, which
yield fee code I, would be increased to $0.00300 per share; (iii) the
fee for routed orders, which yield fee code X, would be increased to
$0.00300 per share; (iv) the fee for routed orders using ROUX routing
strategy, which yield fee code RX, would be increased to $0.00290 per
share and (v) the fee for routed orders using ROUT routing strategy,
which yield fee code RT, would be increased to $0.00280 per share. The
Exchange notes that the proposed amounts are in line with amounts
assessed for similar transaction on other exchanges.\6\
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\6\ See e.g., Cboe EDGX U.S. Securities Fee Schedule, Fee Codes
and Associated Fees. See also NYSE National, Inc. Schedule of Fees
and Rebates, Section II, Routing Fees.
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2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\7\ in general, and
furthers the objectives of Section 6(b)(4),\8\ 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.
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\7\ 15 U.S.C. 78f.
\8\ 15 U.S.C. 78f(b)(4).
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The Exchange believes its proposal to replace its current low fee
model with a taker-maker pricing model where it would charge a fee for
adding liquidity and provide a rebate for removing liquidity is
equitable and reasonable as it would serve to simplify its fee schedule
to provide a standard rate for orders that add liquidity and a standard
rebate for orders that remove liquidity, while also eliminating its
pricing incentive under Add Volume Tier 1. The proposed fee structure
provides a simple and straightforward model that would treat Displayed
and Non-Displayed orders equally.
The Exchange believes providing rebates for orders removing
liquidity is reasonable, equitable and not unfairly discriminatory
because it provides an incentive to bring additional liquidity to the
Exchange, thereby promoting price discovery and enhancing order
execution opportunities for Members. The Exchange believes that
assessing fees for orders that add liquidity is reasonable, equitable
and not unfairly discriminatory because the Exchange must balance the
cost of credits for orders that remove liquidity. The Exchange believes
the proposed changes are equitable and not unfairly discriminatory
because they apply equally to all members. The Exchange also notes that
other exchanges utilize taker-maker pricing models and notes that the
proposed fees and rebates are in line with the fees and rebates
assessed on other exchanges for similar transactions.\9\
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\9\ See e.g., Cboe BYX U.S. Equities Fee Schedule, Standard
Rates, for transactions that add and remove liquidity. See also NYSE
National, Inc. Schedule of Fees and Rebates, Section I.A General
Rates, for transaction fees for adding liquidity.
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The elimination of Add Volume Tier 1 is also equitable and
reasonable because it would aid in simplifying the fee schedule and
result in all Members being charged the same rates for all transactions
regardless of their monthly volumes. The proposed change also applies
to all Members.
The Exchange lastly believes its proposed changes relating to
certain routing fees are reasonable taking into account routing costs
and also notes that the proposed changes are in line with amounts
assessed by other exchanges.\10\ The Exchange believes the proposed
changes to its routing fees are equitable and not unfairly
discriminatory because the proposed changes apply equally to all
Members. The Exchange notes that routing through the Exchange is
voluntary and also notes 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.
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\10\ See e.g., Cboe EDGX U.S. Securities Fee Schedule, Fee Codes
and Associated Fees. See also NYSE National, Inc. Schedule of Fees
and Rebates, Section II, Routing Fees.
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(B) Self-Regulatory Organization's Statement on Burden on Competition
This proposed rule change does 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 this change represents a
significant departure from previous pricing offered by the Exchange's
competitors. The proposed rates and rebates would apply uniformly to
all Members, and Members may opt to disfavor the Exchange's pricing if
they believe that alternatives offer them better value. Accordingly,
the Exchange does not believe that the proposed changes will impair the
ability of Members or competing venues to maintain their competitive
standing in the financial markets. Further, excessive fees would serve
to impair an exchange's ability to compete for order flow and members
rather than burdening competition. The Exchange believes that its
proposal would not burden intramarket competition because the proposed
rate would apply uniformly to all Members.
(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
[[Page 34632]]
investors, or otherwise in furtherance of the purposes of the Act.
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\11\ 15 U.S.C. 78s(b)(3)(A).
\12\ 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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-CboeEDGA-2018-012 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-CboeEDGA-2018-012. 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 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-CboeEDGA-2018-012 and should be
submitted on or before August 10, 2018.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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\13\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-15505 Filed 7-19-18; 8:45 am]
BILLING CODE 8011-01-P