Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Exchange's Fee Schedule, 54777-54780 [2021-21484]
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Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Notices
Exchange does not believe its proposed
fee change imposes any burden on
competition that is not necessary or
appropriate in furtherance of the
purposes of the Act.
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 upon filing pursuant to Section
19(b)(3)(A) 13 of the Act and paragraph
(f)(2) of Rule 19b–4 14 thereunder,
because it establishes a due, fee, or other
charge imposed by the Exchange. 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 shall
institute proceedings under Section
19(b)(2)(B) 15 of the Act to determine
whether the proposed rule change
should be approved or disapproved.
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 will also 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–2021–064 and
should be submitted on or before
October 25, 2021.
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:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
J. Matthew DeLesDernier,
Assistant Secretary.
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–2021–064 on the subject line.
SECURITIES AND EXCHANGE
COMMISSION
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–2021–064. This
file number should be included on the
subject line if email is used. To help the
No. 59039 (December 2, 2008), 73 FR 74770, 74782–
83 (December 9, 2008) (SR–NYSEArca–2006–21)).
13 15 U.S.C. 78s(b)(3)(A).
14 17 CFR 240.19b–4(f).
15 15 U.S.C. 78s(b)(2)(B).
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[FR Doc. 2021–21485 Filed 10–1–21; 8:45 am]
BILLING CODE 8011–01–P
[Release No. 34–93148; File No. SR–
CboeBYX–2021–022]
Self-Regulatory Organizations; Cboe
BYX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Amend the
Exchange’s Fee Schedule
September 28, 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
September 21, 2021, Cboe BYX
Exchange, Inc. (‘‘Exchange’’ or ‘‘BYX’’)
filed with the Securities and Exchange
16 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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54777
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the self-regulatory
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
Cboe BYX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BYX’’ or ‘‘BYX
Equities’’) proposes to amend its 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/byx/), at
the Exchange’s Office of the Secretary,
and at the Commission’s Public
Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend its
Fee Schedule applicable to its equities
trading platform (‘‘BYX Equities’’) to
modify the rebate associated with
certain routing fee codes and eliminate
certain routing fee codes.3
The Exchange first notes that it
operates in a highly competitive market
in which market participants can
readily direct order flow to competing
venues if they deem fee levels at a
particular venue to be excessive or
incentives to be insufficient. More
specifically, the Exchange is only one of
16 registered equities exchanges, as well
3 The Exchange initially filed the proposed fee
changes September 1, 2021 (SR–CboeBYX–2021–
019). On September 13, 2021, the Exchange
withdrew that filing and re-submitted the proposed
fee changes (SR–CboeBZX–2021–021). On
September 21, 2021, the Exchange withdrew that
filing and re-submitted this proposal.
E:\FR\FM\04OCN1.SGM
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Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Notices
as a number of alternative trading
systems and other off-exchange venues
that do not have similar self-regulatory
responsibilities under the Exchange Act,
to which market participants may direct
their order flow. Based on publicly
available information,4 no single
registered equities exchange has more
than 14% of the market share. Thus, in
such a low-concentrated and highly
competitive market, no single equities
exchange possesses significant pricing
power in the execution of order flow.
The Exchange believes that the evershifting market share among the
exchanges from month to month
demonstrates that market participants
can shift order flow, discontinue, or
reduce use of certain categories of
products, in response to fee changes.
Accordingly, competitive forces
constrain the Exchange’s transaction
fees, and market participants can readily
trade on competing venues if they deem
pricing levels at those other venues to
be more favorable.
The Exchange assesses fees and
provides rebates in connection with
orders routed away to various
exchanges. Now, the Exchange proposes
to modify certain routing fee codes
currently under the Fee Codes and
Associated Fees section of the Fee
Schedule. First, the Exchange proposes
to modify fee code C, which is
appended to orders routed to Nasdaq
BX, Inc. (‘‘Nasdaq BX’’) using
destination specific, TRIM or SLIM
routing strategies, and currently
provides a rebate of $0.00100 per share.
Specifically, the Exchange proposes to
reduce the rebate to $0.00050 per share.
Second, the Exchange proposes to
modify fee code NX, which is appended
to orders routed to NYSE National, Inc.
(‘‘NYSE National’’) using the TRIM or
SLIM routing strategy, and currently
provides a rebate of $0.00200 per share.
The Exchange proposes to reduce the
rebate to $0.00050 per share.
Finally, as a result of minimal use in
the last months, the Exchange proposes
to eliminate fee codes BO, IX, and SX
in their entirety. Fee code BO is
appended to orders routed using a
destination specific routing strategy
unless otherwise specified, and
currently assesses a fee of $0.00300 per
share. Fee code IX is appended to orders
routed to the Investors Exchange LLC
(‘‘IEX’’) using a destination specific
routing strategy, and currently assesses
a fee of $0.00300 per share. Fee code SX
is appended to orders routed using the
4 See Cboe Global Markets, U.S. Equities Market
Volume Summary, Month-to-Date (August 26,
2021), available at https://markets.cboe.com/us/
equities/market_statistics/.
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SLIM routing strategy (except to Cboe
BZX Exchange, Inc. (‘‘BZX Equities’’),
Cboe EDGA Exchange, Inc. (‘‘EDGA
Equities’’) Nasdaq BX, NYSE American
LLC (‘‘NYSE American’’) or NYSE
National), and currently assesses a fee of
$0.00290 per share. The Exchange
believes that because so few users elect
to route their orders with specifications
to which fee code BO, IX, or SX is
applicable, the current demand does not
warrant the infrastructure and ongoing
Systems maintenance required to
support the separate fee codes.
Therefore, the Exchange now proposes
to delete fee code BO, IX, and SX in the
Fee Schedule. The Exchange notes that
users will continue to be able to choose
to route their orders with the same
specifications to which fee codes BO,
IX, and SX currently applies—such
orders will simply be assessed the fees
currently in place for routed orders
generally.5 That is, if any of the routed
orders to which fee code BO, IX, or SX
currently apply fee code X will be
appended to such orders, which
assesses a fee of $0.00300 per share.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the objectives of Section 6 of the Act,6
in general, and furthers the objectives of
Section 6(b)(4),7 in particular, as it is
designed to provide for the equitable
allocation of reasonable dues, fees and
other charges among its Members and
issuers and other persons using its
facilities. The Exchange also believes
that the proposed rule change is
consistent with the objectives of Section
6(b)(5) 8 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, and,
particularly, is not designed to permit
unfair discrimination between
customers, issuers, brokers, or dealers.
As described above, the Exchange
operates in a highly competitive market
5 The Exchange notes that there are other fee
codes that apply to certain other routing
specifications, however, those routed orders not
otherwise specified in such other routing fee code
descriptions yield the general routing fee code X.
6 15 U.S.C. 78f.
7 15 U.S.C. 78f(b)(4).
8 15 U.S.C. 78f(b)(5).
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in which market participants can
readily direct order flow to competing
venues if they deem fee levels at a
particular venue to be excessive or
incentives to be insufficient. The
Exchange believes that its proposal to
reduce the rebates applicable to fee
codes C and NX is fair, equitable, and
reasonable because the proposed fees
and rebate remain consistent with
pricing offered by the Exchange’s
affiliates and competitors and does not
represent a significant departure from
the Exchange’s general pricing structure.
Specifically, the proposed rebates
applicable to fee codes C and NX are
more than that offered by the Nasdaq
Stock Market LLC (‘‘Nasdaq’’), which
does not provide a standard rebate for
similar orders.9 Therefore, the Exchange
believes the proposed rebates associated
with fee codes C and NX remain
consistent with pricing previously
offered by the Exchange’s affiliates and
other exchanges and does not represent
a significant departure from such
pricing.
The Exchange believes the proposed
rule change to remove fee code BO, IX,
and SX is reasonable as the Exchange
has observed a minimal amount of
volume in orders yielding the fee code
and, therefore, the continuation of these
fee codes does not warrant the
infrastructure and ongoing Systems
maintenance required to support
separate fee codes for specific routed
orders. As such, the Exchange also
believes that is reasonable and equitable
to assess routed orders which meet the
specifications to which fee code BO, IX,
and SX are currently applicable the
standard routing fee currently in place
for all other routed orders—via fee code
X. The fee associated with fee code X is
$0.00300, which is the same as the fee
currently assessed for orders yielding
fee code BO and IX, and is only slightly
higher than the fee currently assessed
for fee code SX. The Exchange believes
that the proposed rule change is
equitable and not unfairly
discriminatory because Members will
continue to have the option to elect to
route their orders in the same manner
and will be automatically and uniformly
assessed the applicable standard rates in
place for generally all other routed
orders. Further, if members do not favor
the Exchange’s pricing for routed orders,
they can send their routable orders
directly to away markets instead of
using routing functionality provided by
the Exchange. Routing through the
Exchange is optional, and the Exchange
9 See ‘‘Route Rates’’ on the Nasdaq fee schedule
at https://nasdaqtrader.com/Trader.aspx?id=
PriceListTrading2.
E:\FR\FM\04OCN1.SGM
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Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Notices
operates in a competitive environment
where market participants can readily
direct order flow to competing venues
or providers of routing services if they
deem fee levels to be excessive.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule changes will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act. The
Exchange does not believe that the
proposed modifications represent a
significant departure from previous
pricing offered by the Exchange or
pricing offered by the Exchange’s
competitors. Further, while the
Exchange is proposing to eliminate fee
codes BO, IX, and SX orders that meet
specifications of fee code BO, IX, or SX
going forward will be assessed the rate
for orders routed generally. Members
may opt to disfavor the Exchange’s
pricing if they believe that alternatives
offer them better value. Accordingly, the
Exchange does not believe that the
proposed change will impair the ability
of Members or competing venues to
maintain their competitive standing in
the financial markets.
The Exchange believes the proposed
rule change does not impose any burden
on intramarket competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. Particularly,
the proposed fee and rebate
modifications will continue to apply to
all Members equally, and as noted
above, orders currently meeting the
specifications of fee code BO, IX, or SX
will be assessed the rate for orders
routed generally under fee code X. The
Exchange believes the proposed rule
change does not impose any burden on
intermarket competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. As
previously discussed, the Exchange
operates in a highly competitive market.
Members have numerous alternative
venues that they may participate on and
direct their order flow, including other
equities exchanges, off-exchange
venues, and alternative trading systems.
Additionally, the Exchange represents a
small percentage of the overall market.
Based on publicly available information,
no single equities exchange has more
than 14% of the market share.10
Therefore, no exchange possesses
significant pricing power in the
execution of order flow. Indeed,
participants can readily choose to send
their orders to other exchange and offexchange venues if they deem fee levels
10 Supra
note 3.
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22:52 Oct 01, 2021
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at those other venues to be more
favorable. Moreover, the Commission
has repeatedly expressed its preference
for competition over regulatory
intervention in determining prices,
products, and services in the securities
markets. Specifically, in Regulation
NMS, the Commission highlighted the
importance of market forces in
determining prices and SRO revenues
and, also, recognized that current
regulation of the market system ‘‘has
been remarkably successful in
promoting market competition in its
broader forms that are most important to
investors and listed companies.’’ 11 The
fact that this market is competitive has
also long been recognized by the courts.
In NetCoalition v. Securities and
Exchange Commission, the D.C. Circuit
stated as follows: ‘‘[n]o one disputes
that competition for order flow is
‘fierce.’ . . . As the SEC explained, ‘[i]n
the U.S. national market system, buyers
and sellers of securities, and the brokerdealers that act as their order-routing
agents, have a wide range of choices of
where to route orders for execution’;
[and] ‘no exchange can afford to take its
market share percentages for granted’
because ‘no exchange possesses a
monopoly, regulatory or otherwise, in
the execution of order flow from broker
dealers’. . . .’’.12 Accordingly, the
Exchange does not believe its proposed
fee change imposes any burden on
competition that is not necessary or
appropriate in furtherance of the
purposes of the Act.
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 upon filing pursuant to Section
19(b)(3)(A) 13 of the Act and paragraph
(f)(2) of Rule 19b–4 14 thereunder,
because it establishes a due, fee, or other
charge imposed by the Exchange. At any
time within 60 days of the filing of such
proposed rule change, the Commission
summarily may temporarily suspend
such rule change if it appears to the
11 See Securities Exchange Act Release No. 51808
(June 9, 2005), 70 FR 37496, 37499 (June 29, 2005).
12 NetCoalition v. SEC, 615 F.3d 525, 539 (D.C.
Cir. 2010) (quoting Securities Exchange Act Release
No. 59039 (December 2, 2008), 73 FR 74770, 74782–
83 (December 9, 2008) (SR–NYSEArca–2006–21)).
13 15 U.S.C. 78s(b)(3)(A).
14 17 CFR 240.19b–4(f).
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54779
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act. If the Commission
takes such action, the Commission shall
institute proceedings under Section
19(b)(2)(B) 15 of the Act to determine
whether the proposed rule change
should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
CboeBYX–2021–022 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–CboeBYX–2021–022. 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 will also 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
15 15
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U.S.C. 78s(b)(2)(B).
04OCN1
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Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Notices
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–CboeBYX–2021–022 and
should be submitted on or before
October 25, 2021.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–21484 Filed 10–1–21; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–93156; File No. SR–BOX–
2021–19]
Self-Regulatory Organizations; BOX
Exchange LLC; Notice of Designation
of a Longer Period for Commission
Action on a Proposed Rule Change
Related to BOX Exchange LLC and
BOX Holdings Group LLC Ownership
Transfer Transactions
September 28, 2021.
On August 27, 2021, BOX Exchange
LLC (‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to
accomplish ownership transfer
transactions of the Exchange and BOX
Holdings Group LLC, an affiliate of the
Exchange (‘‘BOX Holdings’’). The
proposed rule change was published for
comment in the Federal Register on
September 15, 2021.3
Section 19(b)(2) of the Act 4 provides
that within 45 days of the publication of
notice of the filing of a proposed rule
change, or within such longer period up
to 90 days as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding, or as to which the
self-regulatory organization consents,
the Commission shall either approve the
proposed rule change, disapprove the
proposed rule change, or institute
proceedings to determine whether the
proposed rule change should be
disapproved. The 45th day after
publication of the notice for this
proposed rule change is October 30,
2021. The Commission is extending this
45-day time period.
The Commission finds it appropriate
to designate a longer period within
which to take action on the proposed
rule change so that it has sufficient time
to consider the proposed rule change
and any comments received.
Accordingly, the Commission, pursuant
to Section 19(b)(2) of the Act,5
designates December 14, 2021 as the
date by which the Commission shall
either approve or disapprove, or
institute proceedings to determine
whether to disapprove, the proposed
rule change (File No. SR–BOX–2021–
19).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–21486 Filed 10–1–21; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–93159; File No. SR–CBOE–
2021–046]
Self-Regulatory Organizations; Cboe
Exchange, Inc.; Notice of Designation
of a Longer Period for Commission
Action on a Proposed Rule Change To
Amend Rule 5.4 and Make
Corresponding Changes to Other
Rules
September 28, 2021.
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 92926
(September 9, 2021), 86 FR 51410. Comments on
the proposed rule change can be found at https://
www.sec.gov/comments/sr-box-2021-19/
srbox202119.htm.
4 15 U.S.C. 78s(b)(2).
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6 17
CFR 200.30–3(a)(31).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 Securities Exchange Act Release No. 92709
(August 19, 2021), 86 FR 47529 (August 25, 2021)
(SR–CBOE–2021–046).
4 Comments received on the proposed rule change
are available at: https://www.sec.gov/comments/srcboe-2021-046/srcboe2021046.htm.
1 15
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For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–21488 Filed 10–1–21; 8:45 am]
BILLING CODE 8011–01–P
On August 6, 2021, Cboe Exchange,
Inc. (the ‘‘Exchange’’ or ‘‘Cboe
Options’’) filed with the Securities and
Exchange Commission (the
‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to
amend Rule 5.4 and make
corresponding changes to other rules.
The proposed rule change was
published for comment in the Federal
Register on August 25, 2021.3 The
Commission has received two comment
letters regarding the proposed rule
change.4
5 Id.
16 17
Section 19(b)(2) of the Act 5 provides
that, within 45 days of the publication
of notice of the filing of a proposed rule
change, or within such longer period up
to 90 days as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or as to which the
self-regulatory organization consents,
the Commission shall either approve the
proposed rule change, disapprove the
proposed rule change, or institute
proceedings to determine whether the
proposed rule change should be
disapproved. The 45th day after
publication of the notice for the
proposed rule change is October 9,
2021.
The Commission is extending the 45day period for Commission action on
the proposed rule change. The
Commission finds that it is appropriate
to designate a longer period within
which to take action on the proposed
rule change so that it has sufficient time
to consider the proposed rule change
and the comments received.
Accordingly, pursuant to Section
19(b)(2) of the Act,6 the Commission
designates November 23, 2021, as the
date by which the Commission shall
either approve, disapprove, or institute
proceedings to determine whether to
disapprove the proposed rule change
(File No. SR–CBOE–2021–046).
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SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #17198 and #17199;
West Virginia Disaster Number WV–00056]
Administrative Declaration of a
Disaster for the State of West Virginia
Small Business Administration.
Notice.
AGENCY:
ACTION:
This is a notice of an
Administrative declaration of a disaster
for the State of West Virginia dated 09/
29/2021.
Incident: Flooding.
Incident Period: 07/29/2021.
DATES: Issued on 09/29/2021.
Physical Loan Application Deadline
Date: 11/29/2021.
Economic Injury (EIDL) Loan
Application Deadline Date: 06/29/2022.
SUMMARY:
5 15
U.S.C. 78s(b)(2).
6 Id.
7 17
E:\FR\FM\04OCN1.SGM
CFR 200.30–3(a)(31).
04OCN1
]]>Agencies
[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Notices]
[Pages 54777-54780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21484]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-93148; File No. SR-CboeBYX-2021-022]
Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
the Exchange's Fee Schedule
September 28, 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 September 21, 2021, Cboe BYX Exchange, Inc. (``Exchange'' or
``BYX'') 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 self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
Cboe BYX Exchange, Inc. (the ``Exchange'' or ``BYX'' or ``BYX
Equities'') proposes to amend its 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/byx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend its Fee Schedule applicable to its
equities trading platform (``BYX Equities'') to modify the rebate
associated with certain routing fee codes and eliminate certain routing
fee codes.\3\
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\3\ The Exchange initially filed the proposed fee changes
September 1, 2021 (SR-CboeBYX-2021-019). On September 13, 2021, the
Exchange withdrew that filing and re-submitted the proposed fee
changes (SR-CboeBZX-2021-021). On September 21, 2021, the Exchange
withdrew that filing and re-submitted this proposal.
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The Exchange first notes that it operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. More specifically, the
Exchange is only one of 16 registered equities exchanges, as well
[[Page 54778]]
as a number of alternative trading systems and other off-exchange
venues that do not have similar self-regulatory responsibilities under
the Exchange Act, to which market participants may direct their order
flow. Based on publicly available information,\4\ no single registered
equities exchange has more than 14% of the market share. Thus, in such
a low-concentrated and highly competitive market, no single equities
exchange possesses significant pricing power in the execution of order
flow. The Exchange believes that the ever-shifting market share among
the exchanges from month to month demonstrates that market participants
can shift order flow, discontinue, or reduce use of certain categories
of products, in response to fee changes. Accordingly, competitive
forces constrain the Exchange's transaction fees, and market
participants can readily trade on competing venues if they deem pricing
levels at those other venues to be more favorable.
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\4\ See Cboe Global Markets, U.S. Equities Market Volume
Summary, Month-to-Date (August 26, 2021), available at https://markets.cboe.com/us/equities/market_statistics/.
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The Exchange assesses fees and provides rebates in connection with
orders routed away to various exchanges. Now, the Exchange proposes to
modify certain routing fee codes currently under the Fee Codes and
Associated Fees section of the Fee Schedule. First, the Exchange
proposes to modify fee code C, which is appended to orders routed to
Nasdaq BX, Inc. (``Nasdaq BX'') using destination specific, TRIM or
SLIM routing strategies, and currently provides a rebate of $0.00100
per share. Specifically, the Exchange proposes to reduce the rebate to
$0.00050 per share.
Second, the Exchange proposes to modify fee code NX, which is
appended to orders routed to NYSE National, Inc. (``NYSE National'')
using the TRIM or SLIM routing strategy, and currently provides a
rebate of $0.00200 per share. The Exchange proposes to reduce the
rebate to $0.00050 per share.
Finally, as a result of minimal use in the last months, the
Exchange proposes to eliminate fee codes BO, IX, and SX in their
entirety. Fee code BO is appended to orders routed using a destination
specific routing strategy unless otherwise specified, and currently
assesses a fee of $0.00300 per share. Fee code IX is appended to orders
routed to the Investors Exchange LLC (``IEX'') using a destination
specific routing strategy, and currently assesses a fee of $0.00300 per
share. Fee code SX is appended to orders routed using the SLIM routing
strategy (except to Cboe BZX Exchange, Inc. (``BZX Equities''), Cboe
EDGA Exchange, Inc. (``EDGA Equities'') Nasdaq BX, NYSE American LLC
(``NYSE American'') or NYSE National), and currently assesses a fee of
$0.00290 per share. The Exchange believes that because so few users
elect to route their orders with specifications to which fee code BO,
IX, or SX is applicable, the current demand does not warrant the
infrastructure and ongoing Systems maintenance required to support the
separate fee codes. Therefore, the Exchange now proposes to delete fee
code BO, IX, and SX in the Fee Schedule. The Exchange notes that users
will continue to be able to choose to route their orders with the same
specifications to which fee codes BO, IX, and SX currently applies--
such orders will simply be assessed the fees currently in place for
routed orders generally.\5\ That is, if any of the routed orders to
which fee code BO, IX, or SX currently apply fee code X will be
appended to such orders, which assesses a fee of $0.00300 per share.
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\5\ The Exchange notes that there are other fee codes that apply
to certain other routing specifications, however, those routed
orders not otherwise specified in such other routing fee code
descriptions yield the general routing fee code X.
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2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\6\ in general, and
furthers the objectives of Section 6(b)(4),\7\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and issuers and other persons
using its facilities. The Exchange also believes that the proposed rule
change is consistent with the objectives of Section 6(b)(5) \8\
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, and, particularly, is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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\6\ 15 U.S.C. 78f.
\7\ 15 U.S.C. 78f(b)(4).
\8\ 15 U.S.C. 78f(b)(5).
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As described above, the Exchange operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. The Exchange believes that
its proposal to reduce the rebates applicable to fee codes C and NX is
fair, equitable, and reasonable because the proposed fees and rebate
remain consistent with pricing offered by the Exchange's affiliates and
competitors and does not represent a significant departure from the
Exchange's general pricing structure. Specifically, the proposed
rebates applicable to fee codes C and NX are more than that offered by
the Nasdaq Stock Market LLC (``Nasdaq''), which does not provide a
standard rebate for similar orders.\9\ Therefore, the Exchange believes
the proposed rebates associated with fee codes C and NX remain
consistent with pricing previously offered by the Exchange's affiliates
and other exchanges and does not represent a significant departure from
such pricing.
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\9\ See ``Route Rates'' on the Nasdaq fee schedule at https://nasdaqtrader.com/Trader.aspx?id=PriceListTrading2.
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The Exchange believes the proposed rule change to remove fee code
BO, IX, and SX is reasonable as the Exchange has observed a minimal
amount of volume in orders yielding the fee code and, therefore, the
continuation of these fee codes does not warrant the infrastructure and
ongoing Systems maintenance required to support separate fee codes for
specific routed orders. As such, the Exchange also believes that is
reasonable and equitable to assess routed orders which meet the
specifications to which fee code BO, IX, and SX are currently
applicable the standard routing fee currently in place for all other
routed orders--via fee code X. The fee associated with fee code X is
$0.00300, which is the same as the fee currently assessed for orders
yielding fee code BO and IX, and is only slightly higher than the fee
currently assessed for fee code SX. The Exchange believes that the
proposed rule change is equitable and not unfairly discriminatory
because Members will continue to have the option to elect to route
their orders in the same manner and will be automatically and uniformly
assessed the applicable standard rates in place for generally all other
routed orders. Further, if members do not favor the Exchange's pricing
for routed orders, they can send their routable orders directly to away
markets instead of using routing functionality provided by the
Exchange. Routing through the Exchange is optional, and the Exchange
[[Page 54779]]
operates in a competitive environment where market participants can
readily direct order flow to competing venues or providers of routing
services if they deem fee levels to be excessive.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule changes will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
that the proposed modifications represent a significant departure from
previous pricing offered by the Exchange or pricing offered by the
Exchange's competitors. Further, while the Exchange is proposing to
eliminate fee codes BO, IX, and SX orders that meet specifications of
fee code BO, IX, or SX going forward will be assessed the rate for
orders routed generally. Members may opt to disfavor the Exchange's
pricing if they believe that alternatives offer them better value.
Accordingly, the Exchange does not believe that the proposed change
will impair the ability of Members or competing venues to maintain
their competitive standing in the financial markets.
The Exchange believes the proposed rule change does not impose any
burden on intramarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Particularly, the proposed
fee and rebate modifications will continue to apply to all Members
equally, and as noted above, orders currently meeting the
specifications of fee code BO, IX, or SX will be assessed the rate for
orders routed generally under fee code X. The Exchange believes the
proposed rule change does not impose any burden on intermarket
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. As previously discussed, the Exchange operates in
a highly competitive market. Members have numerous alternative venues
that they may participate on and direct their order flow, including
other equities exchanges, off-exchange venues, and alternative trading
systems. Additionally, the Exchange represents a small percentage of
the overall market. Based on publicly available information, no single
equities exchange has more than 14% of the market share.\10\ Therefore,
no exchange possesses significant pricing power in the execution of
order flow. Indeed, participants can readily choose to send their
orders to other exchange and off-exchange venues if they deem fee
levels at those other venues to be more favorable. Moreover, the
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. Specifically, in Regulation NMS, the
Commission highlighted the importance of market forces in determining
prices and SRO revenues and, also, recognized that current regulation
of the market system ``has been remarkably successful in promoting
market competition in its broader forms that are most important to
investors and listed companies.'' \11\ The fact that this market is
competitive has also long been recognized by the courts. In
NetCoalition v. Securities and Exchange Commission, the D.C. Circuit
stated as follows: ``[n]o one disputes that competition for order flow
is `fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their order-routing agents, have a wide range of choices of
where to route orders for execution'; [and] `no exchange can afford to
take its market share percentages for granted' because `no exchange
possesses a monopoly, regulatory or otherwise, in the execution of
order flow from broker dealers'. . . .''.\12\ Accordingly, the Exchange
does not believe its proposed fee change imposes any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act.
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\10\ Supra note 3.
\11\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
\12\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
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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 upon filing pursuant
to Section 19(b)(3)(A) \13\ of the Act and paragraph (f)(2) of Rule
19b-4 \14\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange. At any time within 60 days of the
filing of such proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings under Section 19(b)(2)(B) \15\
of the Act to determine whether the proposed rule change should be
approved or disapproved.
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\13\ 15 U.S.C. 78s(b)(3)(A).
\14\ 17 CFR 240.19b-4(f).
\15\ 15 U.S.C. 78s(b)(2)(B).
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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-CboeBYX-2021-022 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-CboeBYX-2021-022. 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 will also 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
[[Page 54780]]
comment submissions. You should submit only information that you wish
to make available publicly. All submissions should refer to File Number
SR-CboeBYX-2021-022 and should be submitted on or before October 25,
2021.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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\16\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-21484 Filed 10-1-21; 8:45 am]
BILLING CODE 8011-01-P
