Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.11 (Routing to Away Trading Centers), as Well as Its Fee Schedule, To Delete References to the INET and RDOX Routing Options and To Delete All References to the C-LNK Routing and Connectivity Option From Its Fee Schedule, 13933-13935 [2021-05031]
Download as PDF
Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Notices
commence delisting procedures under
NYSE Arca Rule 5.5–E(m).
For the foregoing reasons, the
Commission finds that the proposed
rule change, as modified by
Amendments No. 2, is consistent with
Section 6(b)(5) of the Act 24 and Section
11A(a)(1)(C)(iii) of the Act 25 and the
rules and regulations thereunder
applicable to a national securities
exchange.
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act 26 that the
proposed rule change (SR–NYSEArca–
2020–104), as modified by Amendment
No. 2, be, and it hereby is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.27
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–05029 Filed 3–10–21; 8:45 am]
BILLING CODE 8011–01–P
[Release No. 34–91271; File No. SR–
CboeEDGA–2021–007]
Self-Regulatory Organizations; Cboe
EDGA Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Amend Rule
11.11 (Routing to Away Trading
Centers), as Well as Its Fee Schedule,
To Delete References to the INET and
RDOX Routing Options and To Delete
All References to the C–LNK Routing
and Connectivity Option From Its Fee
Schedule
March 5, 2021.
khammond on DSKJM1Z7X2PROD with NOTICES
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 EDGA Exchange, Inc.
(‘‘Exchange’’ or ‘‘EDGA’’) 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
25 15
U.S.C. 78f(b)(5).
U.S.C. 78k–1(a)(1)(C)(iii).
26 Id.
27 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
VerDate Sep<11>2014
16:53 Mar 10, 2021
Jkt 253001
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Cboe EDGA Exchange, Inc. (the
‘‘Exchange’’ or ‘‘EDGA’’) proposes to
amend Rules [sic] 11.11 (Routing to
Away Trading Centers), as well as its
Fee Schedule, to delete references to the
INET and RDOX routing options.
Additionally, the Exchange proposes to
delete all references to the C–LNK
routing and connectivity option from
the Exchange’s Fee Schedule. 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/edga/),
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
SECURITIES AND EXCHANGE
COMMISSION
24 15
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
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 (4) and (6) under Exchange
Rule 11.11(g) and 11.11(a) to delete all
references to the INET and RDOX
routing options. The Exchange also
proposes to delete all references to the
INET routing option from the EDGA Fee
Schedule, as provided in fee codes 2
and L. Additionally, the Exchange
proposes to delete the C–LNK routing
and connectivity option from the Fee
Schedule. The Exchange intends to
implement the proposed rule changes
on March 1, 2021.
Exchange Rule 11.11(g) provides for
various routing options available on the
Exchange. Specifically, Rule 11.11(g)(4)
provides for the INET routing option,
under which an order checks the
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
13933
System 5 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.6
Similarly, Exchange Rule 11.11(g)(6)
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 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
11.11(g)(4) and (6), respectively.
Given the proposed changes described
above, the Exchange also proposes to
amend Rules 11.11(a) and 11.11(g)(14)
to eliminate any reference to the INET
and RDOX routing strategies.
Specifically, Rule 11.11(a) provides that
unless a User selects the Post to Away,
RDOT, RDOX, or INET routing option,
an order that includes a Short Sale
instruction when a Short Sale Circuit
Breaker pursuant to Rule 201 of
Regulation SHO is in effect is not
eligible for routing by the Exchange.
Alternatively, Rule 11.11(g)(14)
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 7 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
11.11(g)(14) as routing options that may
be combined with the Post to Away
routing option. Based on the proposal to
eliminate INET and RDOX from
Exchange Rules, the Exchange is
proposing to eliminating [sic] all such
5 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(cc).
6 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(ee).
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
11.11(g).
E:\FR\FM\11MRN1.SGM
11MRN1
13934
Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Notices
references to INET and RDOX in Rules
11.11(a) and 11.11(g)(14).
As the Exchange is proposing to
eliminate the INET routing option from
the EDGA Rulebook, the Exchange also
proposes to eliminate any such
reference to those routing options [sic]
on the EDGA Fee Schedule.
Specifically, the Exchange proposes to
eliminate Fee Codes 2 8 and L.9
Under Cboe Connect,10 the Exchange
offers C–LNK routing and connectivity
which provides routing to single-dealer
platforms through a connectivity option.
Currently, the Exchange charges of a fee
of $0.0002 for each share executed by a
single-dealer platform for orders routed
via Cboe Connect. The Exchange has
determined because few Users utilize C–
LNK, the current demand does not
warrant the infrastructure and ongoing
maintenance expenses required to
support the product. Therefore, the
Exchange now proposes to remove all
references to C–LNK routing and
connectivity from the Exchange’s Fee
Schedule.
khammond on DSKJM1Z7X2PROD with NOTICES
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.11 Specifically,
the Exchange believes the proposed rule
change is consistent with the Section
6(b)(5) 12 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) 13 requirement that
the rules of an exchange not be designed
8 Orders that yield fee code 2 are routed to Nasdaq
using the INET routing strategy (Tape B), and are
charged a fee of $0.00300.
9 Orders that yield fee code L are routed to
Nasdaq using the INET routing strategy (Tape A or
C), and are charged a fee of $0.00300.
10 Cboe Connect is a communication service that
provides Members an additional means to receive
market data from and route orders to any
destination connected to the Exchange’s network.
See Exchange Rule 13.9.
11 15 U.S.C. 78f(b).
12 15 U.S.C. 78f(b)(5).
13 Id.
VerDate Sep<11>2014
16:53 Mar 10, 2021
Jkt 253001
to permit unfair discrimination between
customers, issuers, brokers, or dealers.
In particular, the Exchange believes
the proposed rule change to remove
references to the RDOX and INET
routing options and the C–LNK routing
and connectivity option 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 RDOX and INET routing
options or the C–LNK routing and
connectivity option 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
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 RDOX
or INET routing options nor the C–LNK
routing and connectivity option are core
product offerings by the Exchange, nor
is the Exchange required by the Act to
offer such products. By removing
references to routing and connectivity
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.
The Exchange does not believe that this
proposal will permit unfair
discrimination among customers,
brokers, or dealers because the RDOX
and INET routing options and the C–
LNK routing and connectivity option
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 RDOX,
INET, and C–LNK is not designed to
address any competitive issues but
rather to delete the RDOX and INET
routing options and C–LNK routing and
connectivity option that are rarely used
on the Exchange. As stated, the
Exchange has noted that few Users elect
the RDOX or INET routing options or
the C–LNK routing and connectivity
option and has determined that the
current demand does not warrant the
infrastructure and ongoing maintenance
expense required to support these
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
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 INET, RDOX, nor C–
LNK are core product offerings by the
Exchange, nor is the Exchange required
by the Act to offer such products.
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 14 and Rule 19b–4(f)(6) 15
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.16
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 17 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 18
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
14 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
16 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.
17 17 CFR 240.19b–4(f)(6).
18 17 CFR 240.19b–4(f)(6)(iii).
15 17
E:\FR\FM\11MRN1.SGM
11MRN1
13935
Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Notices
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.19
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.20
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–
CboeEDGA–2021–007 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–2021–007. 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
19 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).
20 15 U.S.C. 78s(b)(3)(C).
VerDate Sep<11>2014
16:53 Mar 10, 2021
Jkt 253001
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–2021–007 and
should be submitted on or before April
1, 2021.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.21
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–05031 Filed 3–10–21; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–91262; File No. SR–FINRA–
2021–003]
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Permit Firms To File
a Form U4 Based on an Electronically
Signed Copy of the Form
March 5, 2021.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (‘‘Act,’’
‘‘Exchange Act,’’ or ‘‘SEA’’) 1 and Rule
19b–4 thereunder,2 notice is hereby
given that on February 23, 2021, the
Financial Industry Regulatory
Authority, Inc. (‘‘FINRA’’) 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 FINRA. FINRA has
designated the proposed rule change as
constituting a ‘‘non-controversial’’ rule
change under paragraph (f)(6) of Rule
19b–4 under the Act,3 which renders
the proposal effective upon receipt of
this filing by the Commission. The
Commission is publishing this notice to
21 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 17 CFR 240.19b–4(f)(6).
1 15
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
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
FINRA is proposing to amend FINRA
Rule 1010 (Electronic Filing
Requirements for Uniform Forms) to
permit firms to file a Form U4 (Uniform
Application for Securities Industry
Registration or Transfer) based on an
electronically signed copy of the form.
In addition, FINRA proposes to make a
conforming amendment to FINRA Rule
2263 (Arbitration Disclosure to
Associated Persons Signing or
Acknowledging Form U4).
Below is the text of the proposed rule
change. Proposed new language is
italicized; proposed deletions are in
brackets.
*
*
*
*
*
1000. MEMBER APPLICATION AND
ASSOCIATED PERSON REGISTRATION
1010. Electronic Filing Requirements for
Uniform Forms
(a) through (b) No Change.
(c) Form U4 Filing Requirements.
(1) Except as provided in paragraphs (c)(2)
and (c)(3) of this Rule [below], every initial
and transfer electronic Form U4 filing and
any amendments to the disclosure
information on Form U4 shall be based on a
[manually] signed Form U4 provided to the
member or applicant for membership by the
person on whose behalf the Form U4 is being
filed. As part of the member’s recordkeeping
requirements, it shall retain the person’s
[manually] signed Form U4 or amendments
to the disclosure information on Form U4 in
accordance with SEA Rule 17a–4(e)(1) and
make them available promptly upon
regulatory request. An applicant for
membership also shall retain in accordance
with SEA Rule 17a–4(e)(1) every [manually]
signed Form U4 it receives during the
application process and make them available
promptly upon regulatory request.
(2) A member may file electronically
amendments to the disclosure information on
Form U4 without obtaining the subject
associated person’s [manual] signature on the
form, provided that the member shall use
reasonable efforts to:
(A) Provide the associated person with a
copy of the amended disclosure information
prior to filing; and
(B) obtain the associated person’s written
acknowledgment (which may be electronic)
prior to filing that the information has been
received and reviewed. As part of the
member’s recordkeeping requirements, the
member shall retain this acknowledgment in
accordance with SEA Rule 17a–4(e)(1) and
make it available promptly upon regulatory
request.
(3) In the event a member is not able to
obtain an associated person’s [manual]
signature or written acknowledgement of
amended disclosure information on Form U4
prior to filing of such information pursuant
E:\FR\FM\11MRN1.SGM
11MRN1
Agencies
[Federal Register Volume 86, Number 46 (Thursday, March 11, 2021)]
[Notices]
[Pages 13933-13935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05031]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-91271; File No. SR-CboeEDGA-2021-007]
Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Rule 11.11 (Routing to Away Trading Centers), as Well as Its Fee
Schedule, To Delete References to the INET and RDOX Routing Options and
To Delete All References to the C-LNK Routing and Connectivity Option
From Its Fee Schedule
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 EDGA Exchange, Inc. (``Exchange'' or ``EDGA'')
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 EDGA Exchange, Inc. (the ``Exchange'' or ``EDGA'') proposes to
amend Rules [sic] 11.11 (Routing to Away Trading Centers), as well as
its Fee Schedule, to delete references to the INET and RDOX routing
options. Additionally, the Exchange proposes to delete all references
to the C-LNK routing and connectivity option from the Exchange's Fee
Schedule. 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/edga/), 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 (4) and (6) under
Exchange Rule 11.11(g) and 11.11(a) to delete all references to the
INET and RDOX routing options. The Exchange also proposes to delete all
references to the INET routing option from the EDGA Fee Schedule, as
provided in fee codes 2 and L. Additionally, the Exchange proposes to
delete the C-LNK routing and connectivity option from the Fee Schedule.
The Exchange intends to implement the proposed rule changes on March 1,
2021.
Exchange Rule 11.11(g) provides for various routing options
available on the Exchange. Specifically, Rule 11.11(g)(4) provides for
the INET routing option, under which an order checks the System \5\ 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.\6\ Similarly, Exchange Rule
11.11(g)(6) 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.
---------------------------------------------------------------------------
\5\ 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(cc).
\6\ 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(ee).
---------------------------------------------------------------------------
The Exchange has determined because few Users select the 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 11.11(g)(4) and (6),
respectively.
Given the proposed changes described above, the Exchange also
proposes to amend Rules 11.11(a) and 11.11(g)(14) to eliminate any
reference to the INET and RDOX routing strategies. Specifically, Rule
11.11(a) provides that unless a User selects the Post to Away, RDOT,
RDOX, or INET routing option, an order that includes a Short Sale
instruction when a Short Sale Circuit Breaker pursuant to Rule 201 of
Regulation SHO is in effect is not eligible for routing by the
Exchange. Alternatively, Rule 11.11(g)(14) 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 \7\ 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 11.11(g)(14) as
routing options that may be combined with the Post to Away routing
option. Based on the proposal to eliminate INET and RDOX from Exchange
Rules, the Exchange is proposing to eliminating [sic] all such
[[Page 13934]]
references to INET and RDOX in Rules 11.11(a) and 11.11(g)(14).
---------------------------------------------------------------------------
\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
11.11(g).
---------------------------------------------------------------------------
As the Exchange is proposing to eliminate the INET routing option
from the EDGA Rulebook, the Exchange also proposes to eliminate any
such reference to those routing options [sic] on the EDGA Fee Schedule.
Specifically, the Exchange proposes to eliminate Fee Codes 2 \8\ and
L.\9\
---------------------------------------------------------------------------
\8\ Orders that yield fee code 2 are routed to Nasdaq using the
INET routing strategy (Tape B), and are charged a fee of $0.00300.
\9\ Orders that yield fee code L are routed to Nasdaq using the
INET routing strategy (Tape A or C), and are charged a fee of
$0.00300.
---------------------------------------------------------------------------
Under Cboe Connect,\10\ the Exchange offers C-LNK routing and
connectivity which provides routing to single-dealer platforms through
a connectivity option. Currently, the Exchange charges of a fee of
$0.0002 for each share executed by a single-dealer platform for orders
routed via Cboe Connect. The Exchange has determined because few Users
utilize C-LNK, the current demand does not warrant the infrastructure
and ongoing maintenance expenses required to support the product.
Therefore, the Exchange now proposes to remove all references to C-LNK
routing and connectivity from the Exchange's Fee Schedule.
---------------------------------------------------------------------------
\10\ Cboe Connect is a communication service that provides
Members an additional means to receive market data from and route
orders to any destination connected to the Exchange's network. See
Exchange Rule 13.9.
---------------------------------------------------------------------------
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.\11\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \12\ 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) \13\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78f(b).
\12\ 15 U.S.C. 78f(b)(5).
\13\ Id.
---------------------------------------------------------------------------
In particular, the Exchange believes the proposed rule change to
remove references to the RDOX and INET routing options and the C-LNK
routing and connectivity option 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 RDOX and INET routing options or the C-LNK routing and
connectivity option 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
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 RDOX or INET routing
options nor the C-LNK routing and connectivity option are core product
offerings by the Exchange, nor is the Exchange required by the Act to
offer such products. By removing references to routing and connectivity
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. The Exchange does not believe that this
proposal will permit unfair discrimination among customers, brokers, or
dealers because the RDOX and INET routing options and the C-LNK routing
and connectivity option 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 RDOX, INET, and C-LNK is not designed to address any competitive
issues but rather to delete the RDOX and INET routing options and C-LNK
routing and connectivity option that are rarely used on the Exchange.
As stated, the Exchange has noted that few Users elect the RDOX or INET
routing options or the C-LNK routing and connectivity option 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 INET, RDOX, nor C-LNK are core product
offerings by the Exchange, nor is the Exchange required by the Act to
offer such products.
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 \14\ and Rule 19b-4(f)(6) \15\ 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.\16\
---------------------------------------------------------------------------
\14\ 15 U.S.C. 78s(b)(3)(A).
\15\ 17 CFR 240.19b-4(f)(6).
\16\ 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 \17\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \18\ 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
[[Page 13935]]
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.\19\
---------------------------------------------------------------------------
\17\ 17 CFR 240.19b-4(f)(6).
\18\ 17 CFR 240.19b-4(f)(6)(iii).
\19\ 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.\20\
---------------------------------------------------------------------------
\20\ 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-CboeEDGA-2021-007 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-2021-007. 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-2021-007 and should be
submitted on or before April 1, 2021.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------
\21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-05031 Filed 3-10-21; 8:45 am]
BILLING CODE 8011-01-P