Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.13 (Order Execution and Routing), as Well as Its Fee Schedule, To Delete References to the INET, RDOX, and TRIMminus Routing Options, 13948-13950 [2021-05030]
Download as PDF
13948
Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Notices
designates the proposal operative upon
filing.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.18
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 DSKJM1Z7X2PROD 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–
CboeEDGX–2021–012 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–CboeEDGX–2021–012. 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
17 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
18 15 U.S.C. 78s(b)(3)(C).
VerDate Sep<11>2014
16:53 Mar 10, 2021
Jkt 253001
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–2021–012 and
should be submitted on or before April
1, 2021.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–05032 Filed 3–10–21; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–91269; File No. SR–
CboeBZX–2021–018]
Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Amend Rule
11.13 (Order Execution and Routing),
as Well as Its Fee Schedule, To Delete
References to the INET, RDOX, and
TRIMminus Routing Options
March 5, 2021.
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 March 1,
2021, Cboe BZX Exchange, Inc.
(‘‘Exchange’’ or ‘‘BZX’’) 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 Exchange filed the
proposal as a ‘‘non-controversial’’
proposed rule change pursuant to
Section 19(b)(3)(A)(iii) of the Act 3 and
Rule 19b–4(f)(6) thereunder.4 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 BZX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BZX’’) proposes to
amend Rule 11.13 (Order Execution and
Routing), as well as its Fee Schedule, to
19 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
1 15
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
delete references to the INET, RDOX,
and TRIMminus (‘‘TRIM-’’) 5 routing
options. The text of the proposed rule
change is provided in 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/bzx/), 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
paragraphs (G), (H), (J), and (L) under
Exchange Rule 11.13(b)(3) to delete all
references to the INET, RDOX, and
TRIM-routing options. The Exchange
also proposes to delete all references to
the INET and RDOX routing options
from the BZX Fee Schedule, as provided
[sic] fee codes J and D, respectively, and
footnote 10. The Exchange intends to
implement the proposed rule changes
on March 1, 2021.
Exchange Rule 11.13(b)(3) provides
for various routing options available on
the Exchange. In particular, [sic]
11.13(b)(3)(G)(iv) provides for the TRIM
routing option under which a User may
designate that an order first checks the
System 6 for available shares, and then
routes to routes to [sic] Cboe BYX
Exchange, Inc. (‘‘BYX’’) followed by the
other destinations on the system routing
table.7 The Exchange notes that TRIM
5 TRIM- is not a term used in Exchange Rules.
However, it is described in Rule 11.13(b)(3)(G).
6 The term ‘‘System’’ shall mean the electronic
communications and trading facility designated by
the Board through which securities orders of Users
are consolidated for ranking, execution and, when
applicable, routing away. See Exchange Rule
1.5(aa).
7 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. See Exchange Rule
11.13(b)(3).
E:\FR\FM\11MRN1.SGM
11MRN1
Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
also has a variant routing strategy
(TRIM-) in that a User 8 may designate
an order to skip the Exchange and
otherwise send orders to the same
venues as TRIM (i.e., BYX followed by
the other destinations on the system
routing table).9 Additionally, Rule
11.13(b)(3)(J) provides for the INET
routing option, under which an order
checks the System for available shares
and then is sent to Nasdaq. If shares
remain unexecuted after routing, they
are posted on the Nasdaq book, unless
otherwise instructed by the User.
Similarly, Exchange Rule 11.13(b)(3)(L)
provides for the RDOX routing option,
under which an order checks the
System for available shares and then is
sent to the NYSE and can be re-routed
by the NYSE. If shares remain
unexecuted after routing, they are
posted on the NYSE book, unless
otherwise instructed by the User.
The Exchange has determined
because few Users select the TRIM-,
INET or RDOX routing options, the
current demand does not warrant the
infrastructure and ongoing maintenance
expenses required to support the
product. Therefore, the Exchange now
proposes to delete INET and RDOX as
a routing option as provided by Rule
11.13(b)(3)(J) and (L), respectively, and
to delete the reference to TRIM- from
Rule 11.13(b)(3)(G).10
Given the proposed changes described
above, the Exchange also proposes to
amend Rule 11.13(b)(3)(H) to eliminate
any reference to the INET and RDOX
routing strategies. Specifically, Rule
11.13(b)(3)(H) provides for the Post to
Away routing option, which routes the
remainder of a routed order to and posts
such order on the order book of a
destination on the System routing table
as specified by the User, and lists the
specific routing options for which the
Post to Away routing option may be
combined. Both INET and RDOX are
listed under Rule 11.13(b)(3)(H) as
routing options that may be combined
with the Post to Away routing option;
therefore, the Exchange is proposing to
8 The term ‘‘User’’ shall mean any Member or
Sponsored Participant who is authorized to obtain
access to the System pursuant to Rule 11.3. See
Exchange Rule 1.5(cc).
9 See Exchange Rule 11.13(b)(3)(G), which
provides that in connection with routing strategies
(iv) and (v) below (i.e., TRIM and SLIM,
respectively), a User may designate that an order
first routes to BYX, checks the System for available
shares, and then routes to other destinations on the
System routing table.
10 TRIM will still be available, but without TRIMthere will be no option for an order to bypass the
local book. The proposal would eliminate the
reference to TRIM- noted in Exchange Rule
11.13(b)(3)(G). See supra note 9.
VerDate Sep<11>2014
16:53 Mar 10, 2021
Jkt 253001
eliminating [sic] all such references to
INET and RDOX in Rule 11.13(b)(3)(H).
As the Exchange is proposing to
eliminate the INET and RDOX routing
options from the BZX Rulebook, the
Exchange also proposes to eliminate any
such reference to those routing options
on the BZX Fee Schedule. Specifically,
the Exchange proposes to eliminate
RDOX from the description of Fee Code
D,11 and eliminate INET from the
description of Fee Code J.12
Additionally, the Exchange proposes to
delete references to both RDOX and
INET in footnote 10 of the Fee
Schedule.13
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with the
Securities Exchange Act of 1934 (the
‘‘Act’’) and the rules and regulations
thereunder applicable to the Exchange
and, in particular, the requirements of
Section 6(b) of the Act.14 Specifically,
the Exchange believes the proposed rule
change is consistent with the Section
6(b)(5) 15 requirements that the rules of
an exchange be designed to prevent
fraudulent and manipulative acts and
practices, to promote just and equitable
principles of trade, to foster cooperation
and coordination with persons engaged
in regulating, clearing, settling,
processing information with respect to,
and facilitating transactions in
securities, to remove impediments to
and perfect the mechanism of a free and
open market and a national market
system, and, in general, to protect
investors and the public interest.
Additionally, the Exchange believes the
proposed rule change is consistent with
the Section 6(b)(5) 16 requirement that
the rules of an exchange not be designed
to permit unfair discrimination between
customers, issuers, brokers, or dealers.
In particular, the Exchange believes
the proposed rule change to remove
references to the TRIM-, RDOX, and
INET routing options will remove
impediments to the mechanism of a free
and open market, thereby protecting
investors and the public interest. As
stated, the Exchange has noted that few
11 Orders that yield fee code D are routed to NYSE
using Destination Specific, RDOT, RDOX, or TRIM
routing strategy, and are charged a fee of $0.00280.
12 Orders that yield fee code J are routed to
Nasdaq using Destination Specific or INET routing
strategy, and are charged a fee of $0.00290.
13 Footnote 10 of the Fee Schedule provides that
executions that add liquidity in securities priced
below $1.00 with an RDOT, RDOX, INET, and Post
to Away routing option are charged no fee and
given no rebate.
14 15 U.S.C. 78f(b).
15 15 U.S.C. 78f(b)(5).
16 Id.
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
13949
Users elect the TRIM-, RDOX, and INET
routing options and has determined that
the current demand does not warrant
the infrastructure and ongoing
maintenance expense required to
support these products. Therefore, the
Exchange is discontinuing these routing
options. The Exchange notes that
routing through the Exchange is
voluntary and alternative routing
options offered by the Exchange as well
as other methods remain available to
Users that wish to route to other trading
centers. In addition, neither the
TRIM-, RDOX, nor the INET routing
options are core product offerings by the
Exchange, nor is the Exchange required
by the Act to offer such products. By
removing references to routing options
that will no longer be offered by the
Exchange, the Exchange believes the
proposed rule change will remove
impediments to the mechanism of a free
and open market and protect investors
by providing investors with rules that
accurately reflect routing options
currently available on the Exchange.
Further, the Exchange does not believe
that this proposal will permit unfair
discrimination among customers,
brokers, or dealers because the TRIM-,
RDOX, and INET routing options will
no longer be available to all Users.
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 that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed rule change to remove
TRIM-, RDOX, and INET is not designed
to address any competitive issues but
rather to delete the TRIM-, RDOX, and
INET routing options that are rarely
used on the Exchange. As stated, the
Exchange has noted that few Users elect
the TRIM-, RDOX, and INET routing
options and has determined that the
current demand does not warrant the
infrastructure and ongoing maintenance
expense required to support these
products. Therefore, the Exchange is
discontinuing these routing options.
The Exchange notes that routing
through the Exchange is voluntary and
alternative routing options offered by
the Exchange as well as other methods
remain available to Users that wish to
route to other trading centers. In
addition, neither the TRIM-, RDOX, nor
the INET routing options are core
product offerings by the Exchange, nor
is the Exchange required by the Act to
offer such products.
E:\FR\FM\11MRN1.SGM
11MRN1
13950
Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Notices
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange neither solicited nor
received comments on the proposed
rule change.
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 17 and Rule 19b–4(f)(6) 18
thereunder because the proposal does
not: (i) Significantly affect the
protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) by its
terms, become operative for 30 days
from the date on which it was filed, or
such shorter time as the Commission
may designate if consistent with the
protection of investors and the public
interest.19
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 20 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 21
permits the Commission to designate a
shorter time if such action is consistent
with the protection of investors and the
public interest. The Exchange has asked
the Commission to waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing. The Exchange states that waiver
of the 30-day operative delay would
immediately eliminate rules and
references that account for services the
Exchange planned to discontinue on
March 1, 2021, thereby avoiding
potential investor confusion during the
operative delay period. Based on the
foregoing, the Commission believes the
waiver of the operative delay is
consistent with the protection of
investors and the public interest.
Therefore, the Commission hereby
waives the operative delay and
designates the proposal operative upon
filing.22
17 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
19 In addition, Rule 19b–4(f)(6)(iii) requires the
Exchange to give the Commission written notice of
the Exchange’s intent to file the proposed rule
change, along with a brief description and text of
the proposed rule change, at least five business days
prior to the date of filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Exchange has satisfied this
requirement.
20 17 CFR 240.19b–4(f)(6).
21 17 CFR 240.19b–4(f)(6)(iii).
22 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
khammond on DSKJM1Z7X2PROD with NOTICES
18 17
VerDate Sep<11>2014
16:53 Mar 10, 2021
Jkt 253001
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.23
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–
CboeBZX–2021–018 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–CboeBZX–2021–018. 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–CboeBZX–2021–018 and
should be submitted on or before April
1, 2021.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.24
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–05030 Filed 3–10–21; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–91263; File No. SR–Phlx–
2021–11]
Self-Regulatory Organizations; Nasdaq
PHLX LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend Equity 4, Rule
3301B Regarding Reserve Orders
March 5, 2021.
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, 2021, Nasdaq PHLX LLC (‘‘Phlx’’ 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Equity 4, Rule 3301B, as described
further below.
The text of the proposed rule change
is available on the Exchange’s website at
https://listingcenter.nasdaq.com/
rulebook/phlx/rules, 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
24 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
23 15
PO 00000
U.S.C. 78s(b)(3)(C).
Frm 00077
Fmt 4703
Sfmt 4703
E:\FR\FM\11MRN1.SGM
11MRN1
Agencies
[Federal Register Volume 86, Number 46 (Thursday, March 11, 2021)]
[Notices]
[Pages 13948-13950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05030]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-91269; File No. SR-CboeBZX-2021-018]
Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Rule 11.13 (Order Execution and Routing), as Well as Its Fee Schedule,
To Delete References to the INET, RDOX, and TRIMminus Routing Options
March 5, 2021.
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 March 1, 2021, Cboe BZX Exchange, Inc. (``Exchange'' or ``BZX'')
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 Exchange filed the proposal as
a ``non-controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ 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)(iii).
\4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') proposes to
amend Rule 11.13 (Order Execution and Routing), as well as its Fee
Schedule, to delete references to the INET, RDOX, and TRIMminus
(``TRIM-'') \5\ routing options. The text of the proposed rule change
is provided in Exhibit 5.
---------------------------------------------------------------------------
\5\ TRIM- is not a term used in Exchange Rules. However, it is
described in Rule 11.13(b)(3)(G).
---------------------------------------------------------------------------
The text of the proposed rule change is also available on the
Exchange's website (https://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), 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 paragraphs (G), (H), (J), and (L)
under Exchange Rule 11.13(b)(3) to delete all references to the INET,
RDOX, and TRIM-routing options. The Exchange also proposes to delete
all references to the INET and RDOX routing options from the BZX Fee
Schedule, as provided [sic] fee codes J and D, respectively, and
footnote 10. The Exchange intends to implement the proposed rule
changes on March 1, 2021.
Exchange Rule 11.13(b)(3) provides for various routing options
available on the Exchange. In particular, [sic] 11.13(b)(3)(G)(iv)
provides for the TRIM routing option under which a User may designate
that an order first checks the System \6\ for available shares, and
then routes to routes to [sic] Cboe BYX Exchange, Inc. (``BYX'')
followed by the other destinations on the system routing table.\7\ The
Exchange notes that TRIM
[[Page 13949]]
also has a variant routing strategy (TRIM-) in that a User \8\ may
designate an order to skip the Exchange and otherwise send orders to
the same venues as TRIM (i.e., BYX followed by the other destinations
on the system routing table).\9\ Additionally, Rule 11.13(b)(3)(J)
provides for the INET routing option, under which an order checks the
System for available shares and then is sent to Nasdaq. If shares
remain unexecuted after routing, they are posted on the Nasdaq book,
unless otherwise instructed by the User. Similarly, Exchange Rule
11.13(b)(3)(L) provides for the RDOX routing option, under which an
order checks the System for available shares and then is sent to the
NYSE and can be re-routed by the NYSE. If shares remain unexecuted
after routing, they are posted on the NYSE book, unless otherwise
instructed by the User.
---------------------------------------------------------------------------
\6\ The term ``System'' shall mean the electronic communications
and trading facility designated by the Board through which
securities orders of Users are consolidated for ranking, execution
and, when applicable, routing away. See Exchange Rule 1.5(aa).
\7\ 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. See Exchange Rule
11.13(b)(3).
\8\ The term ``User'' shall mean any Member or Sponsored
Participant who is authorized to obtain access to the System
pursuant to Rule 11.3. See Exchange Rule 1.5(cc).
\9\ See Exchange Rule 11.13(b)(3)(G), which provides that in
connection with routing strategies (iv) and (v) below (i.e., TRIM
and SLIM, respectively), a User may designate that an order first
routes to BYX, checks the System for available shares, and then
routes to other destinations on the System routing table.
---------------------------------------------------------------------------
The Exchange has determined because few Users select the TRIM-,
INET or RDOX routing options, the current demand does not warrant the
infrastructure and ongoing maintenance expenses required to support the
product. Therefore, the Exchange now proposes to delete INET and RDOX
as a routing option as provided by Rule 11.13(b)(3)(J) and (L),
respectively, and to delete the reference to TRIM- from Rule
11.13(b)(3)(G).\10\
---------------------------------------------------------------------------
\10\ TRIM will still be available, but without TRIM- there will
be no option for an order to bypass the local book. The proposal
would eliminate the reference to TRIM- noted in Exchange Rule
11.13(b)(3)(G). See supra note 9.
---------------------------------------------------------------------------
Given the proposed changes described above, the Exchange also
proposes to amend Rule 11.13(b)(3)(H) to eliminate any reference to the
INET and RDOX routing strategies. Specifically, Rule 11.13(b)(3)(H)
provides for the Post to Away routing option, which routes the
remainder of a routed order to and posts such order on the order book
of a destination on the System routing table as specified by the User,
and lists the specific routing options for which the Post to Away
routing option may be combined. Both INET and RDOX are listed under
Rule 11.13(b)(3)(H) as routing options that may be combined with the
Post to Away routing option; therefore, the Exchange is proposing to
eliminating [sic] all such references to INET and RDOX in Rule
11.13(b)(3)(H).
As the Exchange is proposing to eliminate the INET and RDOX routing
options from the BZX Rulebook, the Exchange also proposes to eliminate
any such reference to those routing options on the BZX Fee Schedule.
Specifically, the Exchange proposes to eliminate RDOX from the
description of Fee Code D,\11\ and eliminate INET from the description
of Fee Code J.\12\ Additionally, the Exchange proposes to delete
references to both RDOX and INET in footnote 10 of the Fee
Schedule.\13\
---------------------------------------------------------------------------
\11\ Orders that yield fee code D are routed to NYSE using
Destination Specific, RDOT, RDOX, or TRIM routing strategy, and are
charged a fee of $0.00280.
\12\ Orders that yield fee code J are routed to Nasdaq using
Destination Specific or INET routing strategy, and are charged a fee
of $0.00290.
\13\ Footnote 10 of the Fee Schedule provides that executions
that add liquidity in securities priced below $1.00 with an RDOT,
RDOX, INET, and Post to Away routing option are charged no fee and
given no rebate.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\14\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \15\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \16\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------
\14\ 15 U.S.C. 78f(b).
\15\ 15 U.S.C. 78f(b)(5).
\16\ Id.
---------------------------------------------------------------------------
In particular, the Exchange believes the proposed rule change to
remove references to the TRIM-, RDOX, and INET routing options will
remove impediments to the mechanism of a free and open market, thereby
protecting investors and the public interest. As stated, the Exchange
has noted that few Users elect the TRIM-, RDOX, and INET routing
options and has determined that the current demand does not warrant the
infrastructure and ongoing maintenance expense required to support
these products. Therefore, the Exchange is discontinuing these routing
options. The Exchange notes that routing through the Exchange is
voluntary and alternative routing options offered by the Exchange as
well as other methods remain available to Users that wish to route to
other trading centers. In addition, neither the TRIM-, RDOX, nor the
INET routing options are core product offerings by the Exchange, nor is
the Exchange required by the Act to offer such products. By removing
references to routing options that will no longer be offered by the
Exchange, the Exchange believes the proposed rule change will remove
impediments to the mechanism of a free and open market and protect
investors by providing investors with rules that accurately reflect
routing options currently available on the Exchange. Further, the
Exchange does not believe that this proposal will permit unfair
discrimination among customers, brokers, or dealers because the TRIM-,
RDOX, and INET routing options will no longer be available to all
Users.
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 that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change to
remove TRIM-, RDOX, and INET is not designed to address any competitive
issues but rather to delete the TRIM-, RDOX, and INET routing options
that are rarely used on the Exchange. As stated, the Exchange has noted
that few Users elect the TRIM-, RDOX, and INET routing options and has
determined that the current demand does not warrant the infrastructure
and ongoing maintenance expense required to support these products.
Therefore, the Exchange is discontinuing these routing options. The
Exchange notes that routing through the Exchange is voluntary and
alternative routing options offered by the Exchange as well as other
methods remain available to Users that wish to route to other trading
centers. In addition, neither the TRIM-, RDOX, nor the INET routing
options are core product offerings by the Exchange, nor is the Exchange
required by the Act to offer such products.
[[Page 13950]]
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange neither solicited nor received comments on the
proposed rule change.
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 \17\ and Rule 19b-4(f)(6) \18\ thereunder
because the proposal does not: (i) Significantly affect the protection
of investors or the public interest; (ii) impose any significant burden
on competition; and (iii) by its terms, become operative for 30 days
from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest.\19\
---------------------------------------------------------------------------
\17\ 15 U.S.C. 78s(b)(3)(A).
\18\ 17 CFR 240.19b-4(f)(6).
\19\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to
give the Commission written notice of the Exchange's intent to file
the proposed rule change, along with a brief description and text of
the proposed rule change, at least five business days prior to the
date of filing of the proposed rule change, or such shorter time as
designated by the Commission. The Exchange has satisfied this
requirement.
---------------------------------------------------------------------------
A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \20\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \21\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The Exchange
states that waiver of the 30-day operative delay would immediately
eliminate rules and references that account for services the Exchange
planned to discontinue on March 1, 2021, thereby avoiding potential
investor confusion during the operative delay period. Based on the
foregoing, the Commission believes the waiver of the operative delay is
consistent with the protection of investors and the public interest.
Therefore, the Commission hereby waives the operative delay and
designates the proposal operative upon filing.\22\
---------------------------------------------------------------------------
\20\ 17 CFR 240.19b-4(f)(6).
\21\ 17 CFR 240.19b-4(f)(6)(iii).
\22\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------
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.\23\
---------------------------------------------------------------------------
\23\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------
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-CboeBZX-2021-018 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-CboeBZX-2021-018. 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-CboeBZX-2021-018 and should be submitted
on or before April 1, 2021.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
---------------------------------------------------------------------------
\24\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-05030 Filed 3-10-21; 8:45 am]
BILLING CODE 8011-01-P