Sunshine Act Meetings, 5133-5134 [2019-02905]
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Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Notices
which benefits all market participants.
The proposed changes will encourage
the submission of additional liquidity to
a national securities exchange, thereby
promoting price discovery and
transparency and enhancing order
execution opportunities for ETP Holders
from the substantial amounts of
liquidity that are present on the
Exchange. Moreover, the proposed
changes are equitable and not unfairly
discriminatory because they would
apply equally to all qualifying ETP
Holders that add liquidity to the
Exchange and quote at the NBBO.
Finally, the Exchange believes that it
is subject to significant competitive
forces, as described below in the
Exchange’s statement regarding the
burden on competition.
For the foregoing reasons, the
Exchange believes that the proposal is
consistent with the Act.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
In accordance with Section 6(b)(8) of
the Act,8 the Exchange believes that the
proposed rule change would not impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. Instead, the
Exchange believes that the proposed
changes would encourage the
submission of additional liquidity to a
public exchange, thereby promoting
price discovery and transparency and
enhancing order execution
opportunities for ETP Holders. The
Exchange believes that this could
promote competition between the
Exchange and other execution venues,
including those that currently offer
similar order types and comparable
transaction pricing, by encouraging
additional orders to be sent to the
Exchange for execution.
Finally, the Exchange notes that it
operates in a highly competitive market
in which market participants can
readily favor competing venues if they
deem fee levels at a particular venue to
be excessive or rebate opportunities
available at other venues to be more
favorable. In such an environment, the
Exchange must continually adjust its
fees and rebates to remain competitive
with other exchanges and with
alternative trading systems that have
been exempted from compliance with
the statutory standards applicable to
exchanges. Because competitors are free
to modify their own fees and credits in
response, and because market
participants may readily adjust their
order routing practices, the Exchange
believes that the degree to which fee
changes in this market may impose any
burden on competition is extremely
limited. As a result of all of these
considerations, the Exchange does not
believe that the proposed changes will
impair the ability of ETP Holders or
competing order execution venues to
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
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change is effective
upon filing pursuant to Section
19(b)(3)(A) 9 of the Act and
subparagraph (f)(2) of Rule 19b–4 10
thereunder, because it establishes a due,
fee, or other charge imposed by the
Exchange.
At any time within 60 days of the
filing of such 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 shall institute proceedings
under Section 19(b)(2)(B) 11 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
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–
NYSENAT–2019–01 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.
9 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
11 15 U.S.C. 78s(b)(2)(B).
All submissions should refer to File
Number SR–NYSENAT–2019–01. 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–NYSENAT–2019–01 and
should be submitted on or before March
13, 2019.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019–02737 Filed 2–19–19; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meetings
2:00 p.m. on Thursday,
February 21, 2019.
PLACE: The meeting will be held at the
Commission’s headquarters, 100 F
Street, NE, Washington, DC 20549.
STATUS: This meeting will be closed to
the public.
MATTERS TO BE CONSIDERED:
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
TIME AND DATE:
10 17
8 15
U.S.C. 78f(b)(8).
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CFR 200.30–3(a)(12).
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Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Notices
will attend the closed meeting. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B)
and (10) and 17 CFR 200.402(a)(3),
(a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and
(a)(10), permit consideration of the
scheduled matters at the closed meeting.
Commissioner Jackson, as duty
officer, voted to consider the items
listed for the closed meeting in closed
session.
The subject matters of the closed
meeting will be:
Institution and settlement of injunctive
actions;
Institution and settlement of
administrative proceedings;
Resolution of litigation claims; and
Other matters relating to enforcement
proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
CONTACT PERSON FOR MORE INFORMATION:
For further information and to ascertain
what, if any, matters have been added,
deleted or postponed; please contact
Brent J. Fields from the Office of the
Secretary at (202) 551–5400.
Dated: February 14, 2019.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019–02905 Filed 2–15–19; 11:15 am]
BILLING CODE 8011–01–P
[Release No. 34–85122; File No. SR–
CboeBYX–2019–002]
Self-Regulatory Organizations; Cboe
BYX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Amend the
BYX Fee Schedule as It Relates to
Pricing for the Use of Certain Routing
Strategies
February 13, 2019.
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 February
1, 2019, 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
2 17
U.S.C. 78s(b)(1).
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. (‘‘BYX’’ or
the ‘‘Exchange’’) is filing with the
Securities and Exchange Commission
(the ‘‘Commission’’) a proposed rule
change to amend the BYX fee schedule
as it relates to pricing for the use of
certain routing strategies. The text of the
proposed rule change is attached [sic] as
Exhibit 5.
The text of the proposed rule change
is also available on the Exchange’s
website (https://markets.cboe.com/us/
equities/regulation/rule_filings/byx/), 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
SECURITIES AND EXCHANGE
COMMISSION
1 15
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
1. Purpose
The purpose of the proposed rule
change is to amend the BYX fee
schedule to change the pricing
applicable to orders routed using the
SLIM routing strategy in connection
with planned changes to the System
routing table.3 SLIM is a routing strategy
offered by the Exchange that is used to
target certain low cost protected market
centers by routing to those venues after
accessing available liquidity on the BYX
Book, and prior to routing to other
trading centers included in the System
routing table. The Exchange periodically
3 The term ‘‘System routing table’’ refers to the
proprietary process for determining the specific
trading venues to which the System routes orders
and the order in which it routes them. See Rule
11.13(b)(3). The Exchange reserves the right to
maintain a different System routing table for
different routing options and to modify the System
routing table at any time without notice. Id.
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changes the low cost venues targeted by
the SLIM routing strategy to ensure that
the venues prioritized for routing can be
accessed at a low cost. Currently, three
exchanges are included in the System
routing table as low cost protected
market centers: Cboe EDGA Exchange,
Inc. (‘‘EDGA’’), Nasdaq BX, Inc. (‘‘BX’’),
and New York Stock Exchange LLC
(‘‘NYSE’’). Pursuant to Rule 11.13(b)(3),
the Exchange has determined to modify
the System routing table such that NYSE
would no longer be listed as a low cost
protected market center where orders
are first routed after seeking available
liquidity on the BYX Book. In addition,
the Exchange has decided to add NYSE
American LLC (‘‘NYSE American’’) and
NYSE National, Inc. (‘‘NYSE National’’)
as low cost protected market centers.
These changes to the System routing
table are scheduled to be introduced on
February 1, 2019.
Currently, orders routed using the
SLIM routing strategy are charged a fee
of $0.00270 per share, except when
routed to BZX or NYSE.4 Orders routed
to BZX using the SLIM routing strategy
are charged a fee of $0.0030 per share,5
and orders routed to NYSE using this
routing strategy are charged a fee of
$0.00280 per share.6 The Exchange
proposes a number of changes to these
fees in connection with the changes to
the routing table for SLIM.
First, in recognition of the fact that
EDGA and BX can be accessed at a low
cost today, the Exchange proposes to
provide a rebate to orders routed to
these exchanges using the SLIM routing
strategy. As proposed, the rebate would
be $0.00240 per share for orders routed
to EDGA, and $0.00100 for orders
routed to BX. The rebates are consistent
with rebates currently offered for orders
routed to EDGA and BX using the
Destination Specific, TRIM, or TRIM2
routing strategies, which yield fee codes
‘‘BJ’’ and ‘‘C,’’ respectively. To effect the
proposed change, the Exchange would
therefore add SLIM to the list of routing
strategies that yield fee code BJ and C
when routed to EDGA or BX. In
addition, the fee schedule currently
provides that the rebates offered
pursuant to fee codes BJ and C are
applicable to eligible orders in all
securities. EDGA and BX, however, do
not provide rebates to orders that
remove liquidity in securities priced
below $1.00.7 As such, the Exchange
4 See Cboe BZX U.S. Equities Exchange Fee
Schedule, fee code ‘‘SX.’’
5 See Cboe BZX U.S. Equities Exchange Fee
Schedule, fee code ‘‘SZ.’’
6 See Cboe BZX U.S. Equities Exchange Fee
Schedule, fee code ‘‘D.’’
7 Orders that remove liquidity on EDGA for Tapes
A, B, and C are neither charged a fee nor provided
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Agencies
[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Notices]
[Pages 5133-5134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02905]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meetings
TIME AND DATE: 2:00 p.m. on Thursday, February 21, 2019.
PLACE: The meeting will be held at the Commission's headquarters, 100
F Street, NE, Washington, DC 20549.
STATUS: This meeting will be closed to the public.
MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries
[[Page 5134]]
will attend the closed meeting. Certain staff members who have an
interest in the matters also may be present.
The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
Commissioner Jackson, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
The subject matters of the closed meeting will be:
Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings;
Resolution of litigation claims; and
Other matters relating to enforcement proceedings.
At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed;
please contact Brent J. Fields from the Office of the Secretary at
(202) 551-5400.
Dated: February 14, 2019.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-02905 Filed 2-15-19; 11:15 am]
BILLING CODE 8011-01-P