Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Update Its Fees Schedule, 63560-63565 [2022-22658]
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63560
Federal Register / Vol. 87, No. 201 / Wednesday, October 19, 2022 / Notices
executions where the participant, using
the same MPID or same port, would be
on both sides of the trade. While this
functionality is helpful, the Exchange
proposes to expand the protections to
provide participants with the option not
to trade with quotes and orders entered
by different MPIDs under Common
Ownership. The Exchange would
continue to provide the option to opt
out of the self-match prevention. In
addition, the Exchange would continue
to provide the option to use the current
functionality to prevent self-trades on a
per MPID or per port basis. The
proposed rule change would offer a new
option for participants opting-in to the
self-match prevention to prevent
undesirable executions across different
MPIDs under the same Common
Ownership. The Exchange believes that
flexibility to apply anti-internalization
functionality at the OrgId level would
be useful to participants. The Exchange
believes that the proposed rule change
is designed to promote just and
equitable principles of trade and will
remove impediments to and perfect the
mechanisms of a free and open market
as it will further enhance self-trade
protections provided to market
participants. This functionality does not
relieve or otherwise modify the duty of
best execution owed to orders received
from public customers.
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B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed rule change is designed to
enhance self-match prevention
functionality provided to the Exchange’s
participants and will benefit
participants that wish to protect their
quotes and orders against trading with
other quotes and orders within the same
OrgId, rather than the more limited
MPID or port standard applied today.
The new functionality is also
completely voluntary, and members that
wish to use the current functionality (or
opt out altogether) can also continue to
do so. The Exchange does not believe
that providing more flexibility to
participants will have any significant
impact on competition. In fact, the
Exchange believes that the proposed
rule change is evidence of the
competitive environment where
exchanges must continually improve
their offerings to maintain competitive
standing.
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C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A)(iii) of the Act 9 and
subparagraph (f)(6) of Rule 19b–4
thereunder.10
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
to determine whether the proposed rule
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–
NASDAQ–2022–056 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–NASDAQ–2022–056. This
9 15
U.S.C. 78s(b)(3)(A)(iii).
10 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
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.
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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–NASDAQ–2022–056 and
should be submitted on or before
November 9, 2022.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022–22661 Filed 10–18–22; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–96065; File No. SR–CBOE–
2022–052]
Self-Regulatory Organizations; Cboe
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Update Its Fees
Schedule
October 13, 2022.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on October
3, 2022, Cboe Exchange, Inc. (the
11 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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Federal Register / Vol. 87, No. 201 / Wednesday, October 19, 2022 / Notices
‘‘Exchange’’ or ‘‘Cboe Options’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the Exchange.
The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Cboe Exchange, Inc. (the ‘‘Exchange’’
or ‘‘Cboe Options’’) proposes to update
its Fees 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://www.cboe.com/
AboutCBOE/
CBOELegalRegulatoryHome.aspx), 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
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1. Purpose
The Exchange proposes to amend its
Fees Schedule, effective October 3,
2022.
Index Combination VIX Orders
The Exchange first proposes to reduce
fees for certain complex Professional
Customer VIX transactions. By way of
background, an ‘‘Index Combo’’ is a
complex order to purchase or sell one or
more index option series and the
offsetting number of Index
Combinations defined by the delta.3 An
‘‘Index Combination’’ is a purchase
(sale) of an index option call and sale
(purchase) of an index option put with
the same underlying index, expiration
3 See
Cboe Options Rule 5.33, ‘‘Index Combo’’.
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date and strike price.4 Index
Combinations can trade on their own or
as part of a tied combo strategy (such as
part of an Index Combo), where similar
to a tied-to-stock option, an option
contact is bought or sold in the same
package as the two legs making up the
Index Combination as the synthetic
underlying position as a hedge.
Currently, Professional Customer
(capacity ‘‘U’’) orders, including Index
Combo orders, in VIX options are
assessed a $0.40 per contract fee
(yielding fee code BR). The Exchange
proposes to waive transaction fees for
the Index Combination component
(legs) of Professional Customer Index
Combo orders in VIX. The Index
Combination legs will yield fee code
‘‘CI’’, and any remaining legs will
continue to yield the applicable
standard Professional Customer
complex order fee code for VIX
transactions (i.e., fee code BR). The
Exchange notes it recently adopted the
same fee waiver for Customer orders in
VIX, which orders also yield fee code
CI.5 The Exchange proposes to add the
reference to Professional Customers in
Footnote 43 which currently describes
the fee waiver for Customer VIX orders
(and which will similarly apply to
Professional Customers as proposed).
The Exchange proposes to waive fees for
Professional Customer Index
Combinations to encourage the
submission of Index Combo orders
which provide Professional Customers
with a means to reduce or hedge the risk
associated with price movements in the
underlying index.
XSP Fees
The Exchange next proposes to
modify fees for Market-Maker orders in
XSP. Currently, Market-Maker XSP
orders are assessed $0.045 per contract.
The Exchange proposes to waive these
fees through December 31, 2022. The
Exchange also proposes to remove XSP
from the Marketing Fee program, which
currently assesses a fee of $0.25 per
contract to Market-Maker XSP contracts
resulting from Customer orders.
NANOS Fees and LMM Incentive
Programs
The Exchange first proposes to
remove NANOS from the Marketing Fee
program, which currently assesses a fee
of $0.09 per contract to Market-Maker
NANOS contracts resulting from
Customer orders.
4 See Cboe Options Rule 5.33(b)(5) (subparagraph
(1) of definition of ‘‘Index Combo’’).
5 The Exchange inadvertently included a
parenthetical symbol at the end of the rates added
for CI in the row for Customer complex VIX orders,
which the Exchange proposes to delete now.
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The Exchange next proposes to amend
the current NANOS Lead Market-Maker
(‘‘LMM’’) Incentive Program (the
‘‘Program’’). Particularly, the Exchange
proposes to amend the NANOS LMM
Incentive Program by increasing the
rebate under the Program and amending
the quote width requirements under the
Program. By way of background, the
Exchange offers, among other LMM
incentive programs, a NANOS LMM
Incentive Program which provides a
rebate to TPH(s) that are appointed to
the Program provided they meet certain
quoting standards in NANOS in a
month. The Exchange notes that
meeting or exceeding the quoting
standards in NANOS to receive the
rebate (as currently offered and as
proposed; described in further detail
below) is optional for an LMM
appointed to the NANOS LMM
Incentive Programs. Indeed, an LMM
appointed to the NANOS LMM
incentive program is eligible to receive
the corresponding rebate if it satisfies
the applicable quoting standards (as
currently offered and as proposed,
described in further detail below),
which the Exchange believes encourages
an LMM to provide liquidity in NANOS.
The Exchange may consider other
exceptions to the Program’s quoting
standards based on demonstrated legal
or regulatory requirements or other
mitigating circumstances. In calculating
whether an LMM appointed to the
Program meets the quoting standards
each month, the Exchange excludes
from the calculation in that month the
business day in which the LMM missed
meeting or exceeding the quoting
standards in the highest number of
series.
An LMM appointed to the NANOS
LMM Incentive Program must provide
continuous electronic quotes that meet
or exceed the quoting standards under
the applicable program in at least 99%
of each of NANOS series, 90% of the
time in a given month in order to
receive a rebate for that month in the
amount of $15,000 (or pro-rated amount
if an appointment begins after the first
trading day of the month or ends prior
to the last trading day of the month) for
that month. The Exchange now
proposes to increase the rebate amount
received for meeting the quoting
standards in a given month.
Specifically, the Exchange proposes to
slightly increase the rebate amount from
$15,000 to $17,500. The Exchange
wishes to further incentivize the LMMs
appointed to the NANOS LMM
Incentive Program to provide significant
liquidity in NANOS options by meeting
the quoting standards under the
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Program in order to receive the
proposed increased rebate.
The Exchange also proposes to
marginally tighten the quotes widths as
follows:
Current
width
Premium level
VIX Value at Prior Close <20:
$0.00—$2.00 ....................................................................................................................................................
$2.01–$5.00 ......................................................................................................................................................
$5.01–$15.00 ....................................................................................................................................................
Greater than $15.00 .........................................................................................................................................
VIX Value at Prior Close from 20–30:
$0.00–$2.00 ......................................................................................................................................................
$2.01–$5.00 ......................................................................................................................................................
$5.01–$15.00 ....................................................................................................................................................
Greater than $15.00 .........................................................................................................................................
VIX Value at Prior Close from >30:
$0.00–$2.00 ......................................................................................................................................................
$2.01–$5.00 ......................................................................................................................................................
$5.01–$15.00 ....................................................................................................................................................
Greater than $15.00 .........................................................................................................................................
Lastly, the Exchange proposes to offer
a NANOS Volume Incentive Pool under
the NANOS LMM Incentive Program,
like that offered under the SPESG LMM
Incentive Program. Specifically, the
proposed rule change to the program
provides that, in addition to the above
rebate (i.e., the proposed $17,500 per
month rebate), if the appointed LMM
meets or exceeds the above heightened
quoting standards in a given month, the
LMM will receive the Monthly ADV
Payment amount that corresponds to the
level of ADV provided by the LMM in
NANOS for that month per the NANOS
Volume Incentive Pool program below.
Monthly
ADV
payment
NANOS ADV
0–1,999 contracts .......................
2,000–4,999 contracts ................
5,000–24,999 contracts ..............
25,000–49,999 contracts ............
50,000–99,999 contracts ............
Greater than 10,000 contracts ...
$0.00
5,000
8,000
10,000
12,000
15,000
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The proposed NANOS Volume
Incentive Pool offered by the NANOS
LMM Incentive Program is designed to
incentivize LMMs to further increase
the provision of liquidity in NANOS
options. Increased liquidity in NANOS
options would, in turn, provide greater
trading opportunities, added market
transparency and enhanced price
discovery for all market participants in
NANOS.
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.
The Exchange believes that the
proposed rule change to waive
transaction fees for the Index
Combination legs of a Professional
Customer Index Combo order executed
in VIX options is reasonable, equitable
and not unfairly discriminatory as
Professional Customers would not be
subject to fees for contracts that are
executed as part of an Index
Combination and the proposed change
would apply to all Professional
Customers uniformly. The Exchange
believes the proposal is reasonably
designed to encourage Professional
Customer order flow in VIX options.
The Exchange wishes to promote the
growth of VIX and believes that
7 15
6 15
U.S.C. 78f.
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U.S.C. 78f(b)(4).
U.S.C. 78f(b)(5).
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Proposed
width
$0.28
0.32
0.35
0.50
$0.08
0.10
0.18
0.31
0.30
0.35
0.40
0.55
0.09
0.10
0.24
0.31
0.35
0.40
0.45
0.60
0.16
0.17
0.31
0.38
incentivizing increased Professional
Customer Index Combo order flow in
VIX options would attract additional
liquidity to the Exchange. The Exchange
believes increased Professional
Customer order flow facilitates
increased trading opportunities and
attracts Market-Maker activity, which
facilitates tighter spreads and may
ultimately signal an additional
corresponding increase in order flow
from other market participants,
contributing overall towards a robust
and well-balanced market ecosystem.
The Exchange notes that it similarly
waives fees for Index Combination legs
of an Index Combo for Customer orders
executed in VIX options.9
Further, the Exchange believes that it
is equitable and not unfairly
discriminatory to waive fees for certain
Professional Customer complex orders
because Professional Customer liquidity
benefits all market participants by
providing more execution opportunities,
in turn, attracting Market Maker order
flow, which ultimately enhances market
quality on the Exchange to the benefit
of all market participants. Additionally,
the Exchange believes the proposed
change is in line with other fee
programs that are designed to
incentivize the sending of complex
orders, including Index Combo orders,
to the Exchange. For example, the
Exchange provides higher rebates under
the Volume Incentive Program for
complex orders as compared to simple
orders.10 The Exchange also assesses
lower fees for complex Customer orders
9 See Cboe Options Fees Schedule, Rate Table—
Underlying Symbol List A.
10 See Cboe Options Fees Schedule, Volume
Incentive Program.
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in VIX as compared to simple orders in
VIX.11
The Exchange next believes the
proposed change to temporarily waive
XSP transaction fees for Market-Makers
and remove XSP from the Marketing Fee
program is reasonable as Market-Makers
will not have to pay fees for such
transactions. The Exchange notes the
proposed changes are designed to
encourage the sending of additional XSP
orders to the Exchange. Indeed, the
Exchange believes the proposed reduced
feed will encourage Market-Makers to
submit additional orders in XSP which
may signal additional corresponding
increase in order flow from other market
participants, ultimately incentivizing
more overall order flow and improving
liquidity levels and price transparency
on the Exchange to the benefit of all
market participants.
The Exchange believes the proposed
fee change is equitable and not unfairly
discriminatory because it applies to all
Market-Makers uniformly. The
Exchange believes that it is equitable
and not unfairly discriminatory to
propose lower transaction rates for
Market-Makers because the Exchange
recognizes that these market
participants can provide key and
distinct sources of liquidity.
Additionally, as noted above, an
increase in general market-making
activity may provide more trading
opportunities, in turn, signaling
additional corresponding increase in
order flow from other market
participants, and, as a result,
contributing towards a robust, wellbalanced market ecosystem. The
Exchange notes too that Market-Makers
take on a number of obligations that
other market participants do not have.
For example, unlike other market
participants, Market-Makers take on
quoting obligations and other market
making requirements.
The Exchange believes that the
proposed increase to the rebate under
the NANOS LMM Incentive Program is
reasonably designed to continue to
incentivize an appointed LMM to meet
the applicable quoting standards for
NANOS options, thereby providing
liquid and active markets, which
facilitates tighter spreads, increased
trading opportunities, and overall
enhanced market quality to the benefit
of all market participants. The Exchange
further believes that the proposed rule
change is reasonable because it is
comparable to and within the range of
the rebates offered by other LMM
Incentive Programs. For example, the
11 See Cboe Options Fees Schedule, Rate Table—
Underlying Symbol List A.
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GTH2 VIX LMM Programs currently
offers a rebate of $20,000 if the quoting
standards are met in a given month. The
Exchange believes the proposed rebate
applicable to the NANOS LMM
Incentive Program is equitable and not
unfairly discriminatory because it will
continue to apply equally to any TPH
that is appointed as an LMM to the
Program.
The Exchange believes that it is
reasonable to amend the quoting
requirements under the Program by
marginally tightening the quote widths
in order to encourage LMMs to increase
their quoting activity and post tighter
spreads and more aggressive quotes in
NANOS options in order to meet the
heightened quoting standards and
receive the proposed increased rebate.
An increase in quoting activity and
tighter quotes tends to signal additional
corresponding increase in order flow
from other market participants, which
benefits all investors by deepening the
Exchange’s liquidity pool, potentially
providing even greater execution
incentives and opportunities, offering
additional flexibility for all investors to
enjoy cost savings, supporting the
quality of price discovery, promoting
market transparency, and improving
investor protection. The Exchange also
believes that the proposed widths are
reasonable because they remain
generally aligned with the current
heightened quoting standards in the
program, as the proposed widths are
only marginally reduced in order to
incentivize an increase in quoting
activity and the provision of tighter
markets. The Exchange believes that the
proposed reduced quote widths under
the Program are equitable and not
unfairly discriminatory because such
quote widths will continue to apply
equally to any and all TPHs with LMM
appointments to the NANOS LMM
Incentive Program. Additionally, the
Exchange notes if an LMM appointed to
the Program does not satisfy the quoting
standards for any given month, then it
simply will not receive the rebate
offered by the Program for that month.
The Exchange believes the proposed
changes to the quoting requires are
equitable and not unfairly
discriminatory because it will continue
to apply equally to any TPH that is
appointed as an LMM to the Program.
The Exchange believes that the
proposed rule change to adopt a
NANOS Volume Incentive Pool as part
of the NANOS LMM Incentive Program
is reasonably designed to continue to
encourage LMMs appointed to the
incentive program to provide significant
liquidity in NANOS options. The
Exchange notes that the SPESG LMM
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63563
Incentive Program also offers a volume
incentive pool structured in a
substantially similar manner. The
Exchange believes the proposed NANOS
Volume Incentive Program is equitable
and not unfairly discriminatory because
it will apply equally to any TPH that is
appointed as an LMM to the Program.
Regarding each of the LMM incentive
programs generally, the Exchange
believes it is reasonable, equitable and
not unfairly discriminatory to offer
these financial incentives, including as
amended, to LMMs appointed to the
Program, because it benefits all market
participants trading in NANOS. These
incentive programs encourage the
LMMs to satisfy the heightened quoting
standards, which may increase liquidity
and provide more trading opportunities
and tighter spreads. Indeed, the
Exchange notes that these LMMs serve
a crucial role in providing quotes and
the opportunity for market participants
to trade NANOS which can lead to
increased volume, providing for robust
markets. The Exchange ultimately offers
the LMM incentive, as amended, to
sufficiently incentivize LMMs to
provide key liquidity and active markets
in NANOS, and believes that these
programs, even as amended, will
continue to encourage increased quoting
to add liquidity in NANOS thereby
protecting investors and the public
interest. The Exchange also notes that
an LMM appointed to an incentive
program may undertake added costs
each month in order to satisfy that
heightened quoting standards (e.g.,
having to purchase additional logical
connectivity).
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange believes the proposed
amendments to its Fee Schedule will
not impose any burden on competition
that is not necessary or appropriate in
furtherance of the purposes of the Act.
The Exchange does not believe that the
proposed rule change will impose any
burden on intramarket competition that
is not necessary or appropriate in
furtherance of the purposes of the Act
because the proposed fee changes will
be assessed automatically and uniformly
to each similarly situated market
participant (e.g., all qualifying
Professional Customer VIX transactions
will receive the proposed fee waiver and
all Market-Makers will be subject to the
XSP fee waiver and no longer be subject
to the Marketing Fee for XSP and
NANOs orders). Similarly, the proposed
changes to the NANOS LMM Incentive
Program and adoption of the NANOS
Volume Incentive Pool will apply
uniformly to any LMM appointment to
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the programs. The Exchange notes that
there is a history in the options markets
of providing preferential treatment to
these market participants. As discussed
in the statutory basis, the Exchange
believes Professional Customer order
flow may facilitate increased trading
opportunities and attract Market-Maker
activity, which can contribute towards a
robust and well-balanced market
ecosystem. Market-Makers provide key
and distinct sources of liquidity, and an
increase in general market-making
activity may facilitate tighter spreads,
which tends to signal additional
corresponding increases in order flow
from other market participants,
ultimately incentivizing more overall
order flow and improving liquidity
levels and price transparency on the
Exchange to the benefit of all market
participants. Further as discussed,
Market-Makers take on a number of
obligations that other market
participants do not, such as quoting
obligations and other market-making
requirements. Similarly, to the extent
LMMs appointed to the NANOS LMM
Incentive Program receive a benefit that
other market participants do not, as
stated, these LMMs in their role as
Market-Makers on the Exchange have
different obligations and are held to
different standards. An LMM appointed
to an incentive program may also
undertake added costs each month to
satisfy that heightened quoting
standards (e.g., having to purchase
additional logical connectivity).
The Exchange also notes that the
proposed fee changes are designed to
attract additional order flow to the
Exchange, wherein greater liquidity
benefits all market participants by
providing more trading opportunities,
tighter spreads, and added market
transparency and price discovery, and
signals to other market participants to
direct their order flow to those markets,
thereby contributing to robust levels of
liquidity.
The Exchange does not believe that
the proposed rule change will impose
any burden on intermarket competition
that is not necessary or appropriate in
furtherance of the purposes of the Act
because the proposed rule changes
apply only to products exclusively
listed on the Exchange. Additionally,
the Exchange notes it operates in a
highly competitive market. In addition
to Cboe Options, TPHs have numerous
alternative venues that they may
participate on and direct their order
flow, including 15 other options
exchanges, as well as off-exchange
venues, where competitive products are
available for trading. Based on publicly
available information, no single options
VerDate Sep<11>2014
17:58 Oct 18, 2022
Jkt 259001
exchange has more than 18% of the
market share of executed volume of
options trades.12 Therefore, no exchange
possesses significant pricing power in
the execution of option order flow.
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.’’ 13 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’. . . .’’.14 Accordingly, the
Exchange does not believe its proposed
changes to the incentive programs
impose 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 has not solicited, and
does not intend to solicit, comments on
this proposed rule change. The
Exchange has not received any written
comments from members or other
interested parties.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section 19(b)(3)(A)
12 See Cboe Global Markets, U.S. Options Market
Volume Summary by Month (September 30, 2022),
available at https://markets.cboe.com/us/options/
market_share/.
13 See Securities Exchange Act Release No. 51808
(June 9, 2005), 70 FR 37496, 37499 (June 29, 2005).
14 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)).
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
of the Act 15 and paragraph (f) of Rule
19b-4 16 thereunder. At any time within
60 days of the filing of the proposed rule
change, the Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission will institute proceedings
to determine whether the proposed rule
change should be approved or
disapproved.
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–
CBOE–2022–052 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–CBOE–2022–052. 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
15 15
16 17
E:\FR\FM\19OCN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b-4(f).
19OCN1
Federal Register / Vol. 87, No. 201 / Wednesday, October 19, 2022 / Notices
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–CBOE–2022–052 and
should be submitted on or before
November 9, 2022.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022–22658 Filed 10–18–22; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
Self-Regulatory Organizations; NYSE
American LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Change To Amend the NYSE American
Options Fee Schedule Concerning the
Options Regulatory Fee
October 13, 2022.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on
September 28, 2022, NYSE American
LLC (‘‘NYSE American’’ or the
‘‘Exchange’’) filed with the Securities
and Exchange Commission (the
‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
jspears on DSK121TN23PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
NYSE American Options Fee Schedule
(‘‘Fee Schedule’’) regarding the Options
Regulatory Fee (‘‘ORF’’), effective
September 28, 2022. The proposed
change is available on the Exchange’s
website at www.nyse.com, at the
principal office of the Exchange, and at
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
VerDate Sep<11>2014
17:58 Oct 18, 2022
Jkt 259001
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
1. Purpose
[Release No. 34–96066; File No. SR–
NYSEAMER–2022–45]
1 15
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
BILLING CODE 8011–01–P
17 17
the Commission’s Public Reference
Room.
The Exchange proposes to amend the
Fee Schedule to (1) waive the ORF for
the period November 1, 2022 through
January 31, 2023; (2) eliminate the
requirement that the Exchange may only
modify the ORF semi-annually; and (3)
delete outdated language relating to the
ORF for August 30, 2019 (the ‘‘August
2019 ORF’’).
Background
As a general matter, the Exchange
may only use regulatory funds such as
the ORF ‘‘to fund the legal, regulatory,
and surveillance operations’’ of the
Exchange.4 More specifically, the ORF
is designed to recover a material
portion, but not all, of the Exchange’s
costs for the supervision and regulation
of ATP Holders, including the
Exchange’s regulatory program and legal
expenses associated with options, such
as the costs related to in-house staff,
third-party service providers, and
technology that facilitate surveillance,
investigation, examinations and
enforcement (collectively, the ‘‘ORF
Costs’’). ORF funds may also be used for
indirect expenses such as human
resources and other administrative
costs. The Exchange monitors the
amount of revenue collected from the
ORF to ensure that this revenue, in
combination with other regulatory fees
4 The Exchange considers surveillance operations
part of regulatory operations. The limitation on the
use of regulatory funds also provides that they shall
not be distributed. See Thirteenth Amended and
Restated Operating Agreement of NYSE American
LLC, Article IV, Section 4.05 and Securities
Exchange Act Release No. 87993 (January 16, 2020),
85 FR 4050 (January 23, 2020) (SR–NYSEAMER–
2020–04).
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
63565
and fines, does not exceed regulatory
costs.
The ORF is assessed on ATP Holders
for options transactions that are cleared
by the ATP Holder through the Options
Clearing Corporation (‘‘OCC’’) in the
Customer range regardless of the
exchange on which the transaction
occurs.5 All options transactions must
clear via a clearing firm and such
clearing firms can then choose to pass
through all, a portion, or none of the
cost of the ORF to its customers, i.e., the
entering firms. Because the ORF is
collected from ATP Holder clearing
firms by the OCC on behalf of NYSE
American,6 the Exchange believes that
using options transactions in the
Customer range serves as a proxy for
how to apportion regulatory costs
among such ATP Holders. In addition,
the Exchange notes that the costs
relating to monitoring ATP Holders with
respect to Customer trading activity are
generally higher than the costs
associated with monitoring ATP
Holders that do not engage in Customer
trading activity, which tends to be more
automated and less labor-intensive. By
contrast, regulating ATP Holders that
engage in Customer trading activity is
generally more labor intensive and
requires a greater expenditure of human
and technical resources as the Exchange
needs to review not only the trading
activity on behalf of Customers, but also
the ATP Holder’s relationship with its
Customers via more labor-intensive
exam-based programs.7 As a result, the
costs associated with administering the
customer component of the Exchange’s
overall regulatory program are
materially higher than the costs
associated with administering the noncustomer component (e.g., ATP Holder
5 See Fee Schedule, Section VII, Regulatory Fees,
Options Regulatory Fee (‘‘ORF’’), available here,
https://www.nyse.com/publicdocs/nyse/markets/
american-options/NYSE_American_Options_Fee_
Schedule.pdf.
6 See id. The Exchange uses reports from OCC
when assessing and collecting the ORF. The ORF
is not assessed on outbound linkage trades. An ATP
Holder is not assessed the fee until it has satisfied
applicable technological requirements necessary to
commence operations on NYSE American. See id.
7 The Exchange notes that many of the Exchange’s
market surveillance programs require the Exchange
to look at and evaluate activity across all options
markets, such as surveillance for position limit
violations, manipulation, front-running and
contrary exercise advice violations/expiring
exercise declarations. The Exchange and other
options SROs are parties to a 17d–2 agreement
allocating among the SROs regulatory
responsibilities relating to compliance by the
common members with rules for expiring exercise
declarations, position limits, OCC trade
adjustments, and Large Option Position Report
reviews. See, e.g., Securities Exchange Act Release
No. 85097 (February 11, 2019), 84 FR 4871
(February 19, 2019).
E:\FR\FM\19OCN1.SGM
19OCN1
Agencies
[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Notices]
[Pages 63560-63565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22658]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-96065; File No. SR-CBOE-2022-052]
Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Update
Its Fees Schedule
October 13, 2022.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 3, 2022, Cboe Exchange, Inc. (the
[[Page 63561]]
``Exchange'' or ``Cboe Options'') filed with the Securities and
Exchange Commission (the ``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to update its Fees 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://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), 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 Fees Schedule, effective October
3, 2022.
Index Combination VIX Orders
The Exchange first proposes to reduce fees for certain complex
Professional Customer VIX transactions. By way of background, an
``Index Combo'' is a complex order to purchase or sell one or more
index option series and the offsetting number of Index Combinations
defined by the delta.\3\ An ``Index Combination'' is a purchase (sale)
of an index option call and sale (purchase) of an index option put with
the same underlying index, expiration date and strike price.\4\ Index
Combinations can trade on their own or as part of a tied combo strategy
(such as part of an Index Combo), where similar to a tied-to-stock
option, an option contact is bought or sold in the same package as the
two legs making up the Index Combination as the synthetic underlying
position as a hedge. Currently, Professional Customer (capacity ``U'')
orders, including Index Combo orders, in VIX options are assessed a
$0.40 per contract fee (yielding fee code BR). The Exchange proposes to
waive transaction fees for the Index Combination component (legs) of
Professional Customer Index Combo orders in VIX. The Index Combination
legs will yield fee code ``CI'', and any remaining legs will continue
to yield the applicable standard Professional Customer complex order
fee code for VIX transactions (i.e., fee code BR). The Exchange notes
it recently adopted the same fee waiver for Customer orders in VIX,
which orders also yield fee code CI.\5\ The Exchange proposes to add
the reference to Professional Customers in Footnote 43 which currently
describes the fee waiver for Customer VIX orders (and which will
similarly apply to Professional Customers as proposed). The Exchange
proposes to waive fees for Professional Customer Index Combinations to
encourage the submission of Index Combo orders which provide
Professional Customers with a means to reduce or hedge the risk
associated with price movements in the underlying index.
---------------------------------------------------------------------------
\3\ See Cboe Options Rule 5.33, ``Index Combo''.
\4\ See Cboe Options Rule 5.33(b)(5) (subparagraph (1) of
definition of ``Index Combo'').
\5\ The Exchange inadvertently included a parenthetical symbol
at the end of the rates added for CI in the row for Customer complex
VIX orders, which the Exchange proposes to delete now.
---------------------------------------------------------------------------
XSP Fees
The Exchange next proposes to modify fees for Market-Maker orders
in XSP. Currently, Market-Maker XSP orders are assessed $0.045 per
contract. The Exchange proposes to waive these fees through December
31, 2022. The Exchange also proposes to remove XSP from the Marketing
Fee program, which currently assesses a fee of $0.25 per contract to
Market-Maker XSP contracts resulting from Customer orders.
NANOS Fees and LMM Incentive Programs
The Exchange first proposes to remove NANOS from the Marketing Fee
program, which currently assesses a fee of $0.09 per contract to
Market-Maker NANOS contracts resulting from Customer orders.
The Exchange next proposes to amend the current NANOS Lead Market-
Maker (``LMM'') Incentive Program (the ``Program''). Particularly, the
Exchange proposes to amend the NANOS LMM Incentive Program by
increasing the rebate under the Program and amending the quote width
requirements under the Program. By way of background, the Exchange
offers, among other LMM incentive programs, a NANOS LMM Incentive
Program which provides a rebate to TPH(s) that are appointed to the
Program provided they meet certain quoting standards in NANOS in a
month. The Exchange notes that meeting or exceeding the quoting
standards in NANOS to receive the rebate (as currently offered and as
proposed; described in further detail below) is optional for an LMM
appointed to the NANOS LMM Incentive Programs. Indeed, an LMM appointed
to the NANOS LMM incentive program is eligible to receive the
corresponding rebate if it satisfies the applicable quoting standards
(as currently offered and as proposed, described in further detail
below), which the Exchange believes encourages an LMM to provide
liquidity in NANOS. The Exchange may consider other exceptions to the
Program's quoting standards based on demonstrated legal or regulatory
requirements or other mitigating circumstances. In calculating whether
an LMM appointed to the Program meets the quoting standards each month,
the Exchange excludes from the calculation in that month the business
day in which the LMM missed meeting or exceeding the quoting standards
in the highest number of series.
An LMM appointed to the NANOS LMM Incentive Program must provide
continuous electronic quotes that meet or exceed the quoting standards
under the applicable program in at least 99% of each of NANOS series,
90% of the time in a given month in order to receive a rebate for that
month in the amount of $15,000 (or pro-rated amount if an appointment
begins after the first trading day of the month or ends prior to the
last trading day of the month) for that month. The Exchange now
proposes to increase the rebate amount received for meeting the quoting
standards in a given month. Specifically, the Exchange proposes to
slightly increase the rebate amount from $15,000 to $17,500. The
Exchange wishes to further incentivize the LMMs appointed to the NANOS
LMM Incentive Program to provide significant liquidity in NANOS options
by meeting the quoting standards under the
[[Page 63562]]
Program in order to receive the proposed increased rebate.
The Exchange also proposes to marginally tighten the quotes widths
as follows:
------------------------------------------------------------------------
Premium level Current width Proposed width
------------------------------------------------------------------------
VIX Value at Prior Close <20:
$0.00--$2.00........................ $0.28 $0.08
$2.01-$5.00......................... 0.32 0.10
$5.01-$15.00........................ 0.35 0.18
Greater than $15.00................. 0.50 0.31
VIX Value at Prior Close from 20-30:
$0.00-$2.00......................... 0.30 0.09
$2.01-$5.00......................... 0.35 0.10
$5.01-$15.00........................ 0.40 0.24
Greater than $15.00................. 0.55 0.31
VIX Value at Prior Close from >30:
$0.00-$2.00......................... 0.35 0.16
$2.01-$5.00......................... 0.40 0.17
$5.01-$15.00........................ 0.45 0.31
Greater than $15.00................. 0.60 0.38
------------------------------------------------------------------------
Lastly, the Exchange proposes to offer a NANOS Volume Incentive
Pool under the NANOS LMM Incentive Program, like that offered under the
SPESG LMM Incentive Program. Specifically, the proposed rule change to
the program provides that, in addition to the above rebate (i.e., the
proposed $17,500 per month rebate), if the appointed LMM meets or
exceeds the above heightened quoting standards in a given month, the
LMM will receive the Monthly ADV Payment amount that corresponds to the
level of ADV provided by the LMM in NANOS for that month per the NANOS
Volume Incentive Pool program below.
------------------------------------------------------------------------
Monthly
NANOS ADV ADV
payment
------------------------------------------------------------------------
0-1,999 contracts........................................... $0.00
2,000-4,999 contracts....................................... 5,000
5,000-24,999 contracts...................................... 8,000
25,000-49,999 contracts..................................... 10,000
50,000-99,999 contracts..................................... 12,000
Greater than 10,000 contracts............................... 15,000
------------------------------------------------------------------------
The proposed NANOS Volume Incentive Pool offered by the NANOS LMM
Incentive Program is designed to incentivize LMMs to further increase
the provision of liquidity in NANOS options. Increased liquidity in
NANOS options would, in turn, provide greater trading opportunities,
added market transparency and enhanced price discovery for all market
participants in NANOS.
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.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f.
\7\ 15 U.S.C. 78f(b)(4).
\8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange believes that the proposed rule change to waive
transaction fees for the Index Combination legs of a Professional
Customer Index Combo order executed in VIX options is reasonable,
equitable and not unfairly discriminatory as Professional Customers
would not be subject to fees for contracts that are executed as part of
an Index Combination and the proposed change would apply to all
Professional Customers uniformly. The Exchange believes the proposal is
reasonably designed to encourage Professional Customer order flow in
VIX options. The Exchange wishes to promote the growth of VIX and
believes that incentivizing increased Professional Customer Index Combo
order flow in VIX options would attract additional liquidity to the
Exchange. The Exchange believes increased Professional Customer order
flow facilitates increased trading opportunities and attracts Market-
Maker activity, which facilitates tighter spreads and may ultimately
signal an additional corresponding increase in order flow from other
market participants, contributing overall towards a robust and well-
balanced market ecosystem. The Exchange notes that it similarly waives
fees for Index Combination legs of an Index Combo for Customer orders
executed in VIX options.\9\
---------------------------------------------------------------------------
\9\ See Cboe Options Fees Schedule, Rate Table--Underlying
Symbol List A.
---------------------------------------------------------------------------
Further, the Exchange believes that it is equitable and not
unfairly discriminatory to waive fees for certain Professional Customer
complex orders because Professional Customer liquidity benefits all
market participants by providing more execution opportunities, in turn,
attracting Market Maker order flow, which ultimately enhances market
quality on the Exchange to the benefit of all market participants.
Additionally, the Exchange believes the proposed change is in line with
other fee programs that are designed to incentivize the sending of
complex orders, including Index Combo orders, to the Exchange. For
example, the Exchange provides higher rebates under the Volume
Incentive Program for complex orders as compared to simple orders.\10\
The Exchange also assesses lower fees for complex Customer orders
[[Page 63563]]
in VIX as compared to simple orders in VIX.\11\
---------------------------------------------------------------------------
\10\ See Cboe Options Fees Schedule, Volume Incentive Program.
\11\ See Cboe Options Fees Schedule, Rate Table--Underlying
Symbol List A.
---------------------------------------------------------------------------
The Exchange next believes the proposed change to temporarily waive
XSP transaction fees for Market-Makers and remove XSP from the
Marketing Fee program is reasonable as Market-Makers will not have to
pay fees for such transactions. The Exchange notes the proposed changes
are designed to encourage the sending of additional XSP orders to the
Exchange. Indeed, the Exchange believes the proposed reduced feed will
encourage Market-Makers to submit additional orders in XSP which may
signal additional corresponding increase in order flow from other
market participants, ultimately incentivizing more overall order flow
and improving liquidity levels and price transparency on the Exchange
to the benefit of all market participants.
The Exchange believes the proposed fee change is equitable and not
unfairly discriminatory because it applies to all Market-Makers
uniformly. The Exchange believes that it is equitable and not unfairly
discriminatory to propose lower transaction rates for Market-Makers
because the Exchange recognizes that these market participants can
provide key and distinct sources of liquidity. Additionally, as noted
above, an increase in general market-making activity may provide more
trading opportunities, in turn, signaling additional corresponding
increase in order flow from other market participants, and, as a
result, contributing towards a robust, well-balanced market ecosystem.
The Exchange notes too that Market-Makers take on a number of
obligations that other market participants do not have. For example,
unlike other market participants, Market-Makers take on quoting
obligations and other market making requirements.
The Exchange believes that the proposed increase to the rebate
under the NANOS LMM Incentive Program is reasonably designed to
continue to incentivize an appointed LMM to meet the applicable quoting
standards for NANOS options, thereby providing liquid and active
markets, which facilitates tighter spreads, increased trading
opportunities, and overall enhanced market quality to the benefit of
all market participants. The Exchange further believes that the
proposed rule change is reasonable because it is comparable to and
within the range of the rebates offered by other LMM Incentive
Programs. For example, the GTH2 VIX LMM Programs currently offers a
rebate of $20,000 if the quoting standards are met in a given month.
The Exchange believes the proposed rebate applicable to the NANOS LMM
Incentive Program is equitable and not unfairly discriminatory because
it will continue to apply equally to any TPH that is appointed as an
LMM to the Program.
The Exchange believes that it is reasonable to amend the quoting
requirements under the Program by marginally tightening the quote
widths in order to encourage LMMs to increase their quoting activity
and post tighter spreads and more aggressive quotes in NANOS options in
order to meet the heightened quoting standards and receive the proposed
increased rebate. An increase in quoting activity and tighter quotes
tends to signal additional corresponding increase in order flow from
other market participants, which benefits all investors by deepening
the Exchange's liquidity pool, potentially providing even greater
execution incentives and opportunities, offering additional flexibility
for all investors to enjoy cost savings, supporting the quality of
price discovery, promoting market transparency, and improving investor
protection. The Exchange also believes that the proposed widths are
reasonable because they remain generally aligned with the current
heightened quoting standards in the program, as the proposed widths are
only marginally reduced in order to incentivize an increase in quoting
activity and the provision of tighter markets. The Exchange believes
that the proposed reduced quote widths under the Program are equitable
and not unfairly discriminatory because such quote widths will continue
to apply equally to any and all TPHs with LMM appointments to the NANOS
LMM Incentive Program. Additionally, the Exchange notes if an LMM
appointed to the Program does not satisfy the quoting standards for any
given month, then it simply will not receive the rebate offered by the
Program for that month. The Exchange believes the proposed changes to
the quoting requires are equitable and not unfairly discriminatory
because it will continue to apply equally to any TPH that is appointed
as an LMM to the Program.
The Exchange believes that the proposed rule change to adopt a
NANOS Volume Incentive Pool as part of the NANOS LMM Incentive Program
is reasonably designed to continue to encourage LMMs appointed to the
incentive program to provide significant liquidity in NANOS options.
The Exchange notes that the SPESG LMM Incentive Program also offers a
volume incentive pool structured in a substantially similar manner. The
Exchange believes the proposed NANOS Volume Incentive Program is
equitable and not unfairly discriminatory because it will apply equally
to any TPH that is appointed as an LMM to the Program.
Regarding each of the LMM incentive programs generally, the
Exchange believes it is reasonable, equitable and not unfairly
discriminatory to offer these financial incentives, including as
amended, to LMMs appointed to the Program, because it benefits all
market participants trading in NANOS. These incentive programs
encourage the LMMs to satisfy the heightened quoting standards, which
may increase liquidity and provide more trading opportunities and
tighter spreads. Indeed, the Exchange notes that these LMMs serve a
crucial role in providing quotes and the opportunity for market
participants to trade NANOS which can lead to increased volume,
providing for robust markets. The Exchange ultimately offers the LMM
incentive, as amended, to sufficiently incentivize LMMs to provide key
liquidity and active markets in NANOS, and believes that these
programs, even as amended, will continue to encourage increased quoting
to add liquidity in NANOS thereby protecting investors and the public
interest. The Exchange also notes that an LMM appointed to an incentive
program may undertake added costs each month in order to satisfy that
heightened quoting standards (e.g., having to purchase additional
logical connectivity).
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange believes the proposed amendments to its Fee Schedule
will not impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
does not believe that the proposed rule change will impose any burden
on intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because the proposed fee changes
will be assessed automatically and uniformly to each similarly situated
market participant (e.g., all qualifying Professional Customer VIX
transactions will receive the proposed fee waiver and all Market-Makers
will be subject to the XSP fee waiver and no longer be subject to the
Marketing Fee for XSP and NANOs orders). Similarly, the proposed
changes to the NANOS LMM Incentive Program and adoption of the NANOS
Volume Incentive Pool will apply uniformly to any LMM appointment to
[[Page 63564]]
the programs. The Exchange notes that there is a history in the options
markets of providing preferential treatment to these market
participants. As discussed in the statutory basis, the Exchange
believes Professional Customer order flow may facilitate increased
trading opportunities and attract Market-Maker activity, which can
contribute towards a robust and well-balanced market ecosystem. Market-
Makers provide key and distinct sources of liquidity, and an increase
in general market-making activity may facilitate tighter spreads, which
tends to signal additional corresponding increases in order flow from
other market participants, ultimately incentivizing more overall order
flow and improving liquidity levels and price transparency on the
Exchange to the benefit of all market participants. Further as
discussed, Market-Makers take on a number of obligations that other
market participants do not, such as quoting obligations and other
market-making requirements. Similarly, to the extent LMMs appointed to
the NANOS LMM Incentive Program receive a benefit that other market
participants do not, as stated, these LMMs in their role as Market-
Makers on the Exchange have different obligations and are held to
different standards. An LMM appointed to an incentive program may also
undertake added costs each month to satisfy that heightened quoting
standards (e.g., having to purchase additional logical connectivity).
The Exchange also notes that the proposed fee changes are designed
to attract additional order flow to the Exchange, wherein greater
liquidity benefits all market participants by providing more trading
opportunities, tighter spreads, and added market transparency and price
discovery, and signals to other market participants to direct their
order flow to those markets, thereby contributing to robust levels of
liquidity.
The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act because the
proposed rule changes apply only to products exclusively listed on the
Exchange. Additionally, the Exchange notes it operates in a highly
competitive market. In addition to Cboe Options, TPHs have numerous
alternative venues that they may participate on and direct their order
flow, including 15 other options exchanges, as well as off-exchange
venues, where competitive products are available for trading. Based on
publicly available information, no single options exchange has more
than 18% of the market share of executed volume of options trades.\12\
Therefore, no exchange possesses significant pricing power in the
execution of option order flow. 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.'' \13\ 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'. . . .''.\14\ Accordingly, the Exchange does not believe its
proposed changes to the incentive programs impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act.
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\12\ See Cboe Global Markets, U.S. Options Market Volume Summary
by Month (September 30, 2022), available at https://markets.cboe.com/us/options/market_share/.
\13\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
\14\ 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 has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \15\ and paragraph (f) of Rule 19b-4 \16\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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\15\ 15 U.S.C. 78s(b)(3)(A).
\16\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please
include File Number SR-CBOE-2022-052 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-CBOE-2022-052. 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
[[Page 63565]]
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-CBOE-2022-052
and should be submitted on or before November 9, 2022.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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\17\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-22658 Filed 10-18-22; 8:45 am]
BILLING CODE 8011-01-P