Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To Modify Its Fee Schedule, 15652-15654 [2019-07502]
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15652
Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Notices
of the purposes of the Act. As noted
above, the proposed rule change will
not substantively change either the text
or application of the rules. FINRA
would like to proceed with the rulebook
consolidation process expeditiously,
which will provide additional clarity
and regulatory efficiency to members.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor received with respect to
the proposed rule change to transfer the
above listed NASD Rules, Incorporated
NYSE Rules and Interpretations into the
Consolidated FINRA Rulebook without
any substantive changes.37
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 38 and Rule 19b–
4(f)(6) thereunder.39
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 proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
khammond 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 Number SR–
FINRA–2019–009 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
37 But
see supra notes 8, 10, 11, 20 and 29.
U.S.C. 78s(b)(3)(A).
39 17 CFR 240.19b–4(f)(6).
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–FINRA–2019–009. 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 also will be available for
inspection and copying at the principal
office of FINRA. 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–FINRA–
2019–009 and should be submitted on
or before May 7, 2019.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.40
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019–07504 Filed 4–15–19; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–85590; File No. SR–
CboeEDGX–2019–018]
Self-Regulatory Organizations; Cboe
EDGX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change Relating To
Modify Its Fee Schedule
April 10, 2019.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
38 15
VerDate Sep<11>2014
16:32 Apr 15, 2019
Jkt 247001
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on April 3,
2019, Cboe EDGX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘EDGX’’) 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Cboe EDGX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘EDGX’’) is filing with
the Securities and Exchange
Commission (‘‘Commission’’) a
proposed rule change to modify its fee
schedule. The text of the proposed rule
change is attached as Exhibit 5.
The text of the proposed rule change
is also available on the Exchange’s
website (https://markets.cboe.com/us/
options/regulation/rule_filings/edgx/),
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 the
EDGX Options fee schedule to modify
the definitions of fee codes RQ and RR
to include routing to MIAX Emerald
LLC (‘‘MIAX Emerald’’), effective April
3, 2019. The Exchange’s current
approach to routing fees is to set forth
in a simple manner certain subcategories of fees that approximate the
cost of routing to other options
exchanges based on the cost of
transaction fees assessed by each venue
as well as costs to the Exchange for
1 15
40 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00073
Fmt 4703
Sfmt 4703
2 17
E:\FR\FM\16APN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
16APN1
Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Notices
routing (i.e., clearing fees, connectivity
and other infrastructure costs,
membership fees, etc.) (collectively,
‘‘Routing Costs’’). The Exchange then
monitors the fees charged as compared
to the costs of its routing services and
adjusts its routing fees and/or subcategories to ensure that the Exchange’s
fees do indeed result in a rough
approximation of overall Routing Costs,
and are not significantly higher or lower
in any area.
Currently, fee code RR is appended to
Customer orders in non-Penny Pilot
securities that are routed to ARCA, BZX
Options, C2, ISE, ISE Gemini, MIAX
Pearl or NOM and assessed a fee of
$1.25 per contract. Additionally, fee
code RQ is appended to Customer
orders in Penny Pilot securities that are
routed to ARCA, BZX Options, C2, ISE,
ISE Gemini, MIAX Pearl or NOM and
assessed a fee of $0.85 per contract. The
Exchange proposes to modify the
definitions of fee code RQ and PR to
include MIAX Emerald. The Exchange
anticipates that the proposed fee
structure will approximate the cost of
routing orders to MIAX Emerald. The
Exchange is proposing the charges set
forth above to maintain a simple and
fair fee schedule with respect to routing
fees that approximate the total cost of
routing, including Routing Costs.
khammond on DSKBBV9HB2PROD with NOTICES
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the Section 6 of the Act,3 in general, and
Section 6(b)(4),4 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. As
explained above, the Exchange generally
attempts to approximate the cost of
routing to other options exchanges,
including other applicable costs to the
Exchange for routing. The Exchange
believes its proposed fees are reasonable
taking into account Routing Costs based
on the rates charged by MIAX Emerald.
The Exchange believes that a pricing
model based on approximate Routing
Costs is a reasonable, fair and equitable
approach to pricing. Specifically, the
Exchange believes that its proposal to
adopt routing fees to MIAX Emerald is
fair, equitable and reasonable because
the fees are generally an approximation
of the anticipated cost to the Exchange
for routing orders to MIAX Emerald.
The Exchange notes that routing
through the Exchange is voluntary. The
Exchange also believes that the
3 15
4 15
U.S.C. 78f.
U.S.C. 78f(b)(4).
VerDate Sep<11>2014
16:32 Apr 15, 2019
proposed fee structure for orders routed
to and executed at MIAX Emerald is fair
and equitable and not unreasonably
discriminatory in that it applies equally
to all Members.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act. The
Exchange believes the proposed routing
fee will not impose an undue burden on
competition because the Exchange will
uniformly assess the routing fee on all
Members. The Exchange does not
believe that the proposed changes
represent a significant departure from
routing fees 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 or if they view
the proposed fee as excessive. 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.
5 15
6 17
Jkt 247001
PO 00000
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
Frm 00074
Fmt 4703
Sfmt 4703
15653
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–
CboeEDGX–2019–018 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–CboeEDGX–2019–018. 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–CboeEDGX–2019–018 and
should be submitted on or before May
7, 2019.
E:\FR\FM\16APN1.SGM
16APN1
15654
Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019–07502 Filed 4–15–19; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–85584; File No. SR–
NYSEAMER–2019–10]
Self-Regulatory Organizations; NYSE
American LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend the NYSE
American Options Fee Schedule
April 10, 2019.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on April 1,
2019, NYSE American LLC (the
‘‘Exchange’’ or ‘‘NYSE American’’) 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 selfregulatory organization. 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 the
NYSE American Options Fee Schedule
(‘‘Fee Schedule’’). The Exchange
proposes to implement the fee change
effective April 1, 2019. The proposed
rule change is available on the
Exchange’s website at www.nyse.com, at
the principal office of the Exchange, and
at the Commission’s Public Reference
Room.
khammond on DSKBBV9HB2PROD with NOTICES
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
self-regulatory organization 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 those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
7 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
VerDate Sep<11>2014
16:32 Apr 15, 2019
Jkt 247001
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 the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of this filing is to modify
the Fee Schedule to expand the types of
transactions that may be included in the
Firm Monthly Fee Cap for ATP Holders
that achieve a certain increase in
Complex CUBE Auction volume.4
Currently, Section I.I. of the Fee
Schedule sets forth a Firm Monthly Fee
Cap (‘‘Fee Cap’’) that limits, or caps, at
$100,000 per month the fees incurred by
Firms trading though a Floor Broker in
open outcry (i.e., manual transactions).5
The Fee Cap may be lower than
$100,000 for ATP Holders that achieve
Tier 2 or higher of the American
Customer Engagement (‘‘ACE’’)
Program.6 Once a Firm has reached the
Fee Cap, an incremental service fee of
$0.01 per contract for Firm Manual
transactions will apply, except for the
execution of QCC orders, which are not
subject to the incremental service fee.7
The Exchange proposes to include a
broader range of Exchange activity
under the Fee Cap for any ATP Holder
that achieves an increase over January
2019 Initiating Complex CUBE volume
by at least 0.20% of TCADV (the
‘‘Complex CUBE Cap Incentive’’). ATP
Holders that qualify for the Complex
CUBE Cap Incentive will continue to be
eligible for a reduced Monthly Fee Cap
based on ACE Tier achieved,8 but will
also be able to aggregate the following
transactions with their Firm Manual and
Firm QCC transactions:
• Broker Dealer Manual transactions;
and
4 See Rule 971.2NY (describing Complex CUBE
Auction, which offers price improvement
opportunities to Complex Orders); see also Fee
Schedule, Section I.G, CUBE Auction Fees &
Credits, infra note 5.
5 See Fee Schedule, Section I. I. (Firm Monthly
Fee Cap), available here, https://www.nyse.com/
publicdocs/nyse/markets/american-options/NYSE_
American_Options_Fee_Schedule.pdf (providing
that an ATP Holder that achieves Tier 2, 3, 4 or 5
of the ACE Program is entitled to a Fee Cap of
$85,000, $75,000, $70,000 or $65,000, respectively).
The Fee Cap excludes volumes associated with
Strategy Executions described in Section I.J., (e.g.,
reversal and conversion, box spread, short stock
interest spread, merger spread and jelly roll) and
Firm Manual Facilitation trades (which are always
free). Royalty Fees described in Section I. K. still
apply to applicable transactions even once Fee Cap
is reached. See id.
6 See Fee Schedule, Section I.E. (describing ACE
Program), supra note 5.
7 See supra note 5.
8 See supra note 5 (regarding reduced Fee Caps
associated with ACE Tiers 2–5).
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
• Broker Dealer QCC transactions.9
As proposed, ATP Holders that
qualify for the Complex CUBE Cap
Incentive and attain the Firm Fee Cap
would not be assessed transaction fees
on Firm or Broker Dealer Manual
volume, including QCC transactions.
Further, an incremental service fee of
$0.01 per contract would apply to
Broker Dealer Manual transactions 10
and for Broker Dealer QCC Transactions
in excess of 25,000 contracts ADV, an
incremental service fee of $0.10 per
contract would apply.11
For example, an ATP Holder that
executed 6,000 contracts per day ADV
via Complex CUBE during the month of
January 2019 would have to execute
over 18,000 contracts a day ADV via
Complex CUBE in April 2019 if the
TCADV in April 2019 is 6 million
contracts (i.e., 6,000 + (0.2% * 6
million) = (6,000 + 12,000)). Thus, the
qualifying ATP Holder would be able to
aggregate its Broker Dealer QCC
transactions and Manual transactions
(together with its Firm QCC transactions
and Manual transactions) under the Fee
Cap.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act,12 in general, and
furthers the objectives of Sections
6(b)(4) and (5) of the Act,13 in particular,
because it provides for the equitable
allocation of reasonable dues, fees, and
other charges among its members,
issuers and other persons using its
facilities and does not unfairly
discriminate between customers,
issuers, brokers or dealers.
The Exchange believes that the
proposed Complex CUBE Cap Incentive
is reasonable, equitable and not unfairly
discriminatory for a number of reasons.
First, the proposal is based on the
amount of business transacted on the
Exchange and ATP Holders can opt to
try to achieve the Incentive or not.
Second, the proposal is designed
encourage ATP Holders to utilize (if
they have not done so) or increase
volume sent to the Complex CUBE
Auction, which was adopted earlier this
year. Further, ATP Holders that seek to
or do achieve the Complex CUBE
Incentive likewise would be incented to
increase its Broker Dealer volume in
Manual and QCC transaction in an effort
9 See proposed Fee Schedule, Section I. I. (Firm
Monthly Fee Cap).
10 See supra note 5 (regarding incremental service
fee applicable to Firm Manual transactions).
11 See proposed Fee Schedule, Section I. I. (Firm
Monthly Fee Cap).
12 15 U.S.C. 78f(b).
13 15 U.S.C. 78f(b)(4) and (5).
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Agencies
[Federal Register Volume 84, Number 73 (Tuesday, April 16, 2019)]
[Notices]
[Pages 15652-15654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07502]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-85590; File No. SR-CboeEDGX-2019-018]
Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating To Modify Its Fee Schedule
April 10, 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 April 3, 2019, Cboe EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') 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.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
Cboe EDGX Exchange, Inc. (the ``Exchange'' or ``EDGX'') is filing
with the Securities and Exchange Commission (``Commission'') a proposed
rule change to modify its fee schedule. The text of the proposed rule
change is attached as Exhibit 5.
The text of the proposed rule change is also available on the
Exchange's website (https://markets.cboe.com/us/options/regulation/rule_filings/edgx/), 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 the EDGX Options fee schedule to
modify the definitions of fee codes RQ and RR to include routing to
MIAX Emerald LLC (``MIAX Emerald''), effective April 3, 2019. The
Exchange's current approach to routing fees is to set forth in a simple
manner certain sub-categories of fees that approximate the cost of
routing to other options exchanges based on the cost of transaction
fees assessed by each venue as well as costs to the Exchange for
[[Page 15653]]
routing (i.e., clearing fees, connectivity and other infrastructure
costs, membership fees, etc.) (collectively, ``Routing Costs''). The
Exchange then monitors the fees charged as compared to the costs of its
routing services and adjusts its routing fees and/or sub-categories to
ensure that the Exchange's fees do indeed result in a rough
approximation of overall Routing Costs, and are not significantly
higher or lower in any area.
Currently, fee code RR is appended to Customer orders in non-Penny
Pilot securities that are routed to ARCA, BZX Options, C2, ISE, ISE
Gemini, MIAX Pearl or NOM and assessed a fee of $1.25 per contract.
Additionally, fee code RQ is appended to Customer orders in Penny Pilot
securities that are routed to ARCA, BZX Options, C2, ISE, ISE Gemini,
MIAX Pearl or NOM and assessed a fee of $0.85 per contract. The
Exchange proposes to modify the definitions of fee code RQ and PR to
include MIAX Emerald. The Exchange anticipates that the proposed fee
structure will approximate the cost of routing orders to MIAX Emerald.
The Exchange is proposing the charges set forth above to maintain a
simple and fair fee schedule with respect to routing fees that
approximate the total cost of routing, including Routing Costs.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the Section 6 of the Act,\3\ in general, and Section 6(b)(4),\4\
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. As explained above, the
Exchange generally attempts to approximate the cost of routing to other
options exchanges, including other applicable costs to the Exchange for
routing. The Exchange believes its proposed fees are reasonable taking
into account Routing Costs based on the rates charged by MIAX Emerald.
The Exchange believes that a pricing model based on approximate Routing
Costs is a reasonable, fair and equitable approach to pricing.
Specifically, the Exchange believes that its proposal to adopt routing
fees to MIAX Emerald is fair, equitable and reasonable because the fees
are generally an approximation of the anticipated cost to the Exchange
for routing orders to MIAX Emerald. The Exchange notes that routing
through the Exchange is voluntary. The Exchange also believes that the
proposed fee structure for orders routed to and executed at MIAX
Emerald is fair and equitable and not unreasonably discriminatory in
that it applies equally to all Members.
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78f.
\4\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
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 will not impose an undue burden on competition
because the Exchange will uniformly assess the routing fee on all
Members. The Exchange does not believe that the proposed changes
represent a significant departure from routing fees 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 or if they view the proposed fee as excessive. 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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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-CboeEDGX-2019-018 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-CboeEDGX-2019-018. 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-CboeEDGX-2019-018 and should be
submitted on or before May 7, 2019.
[[Page 15654]]
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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\7\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-07502 Filed 4-15-19; 8:45 am]
BILLING CODE 8011-01-P