Notice2026-04709
Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Replace the Existing Flat Monthly Fee for the Silexx Application Programming Interface (“API”) With a Usage-Based Tiered Pricing Structure
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Published
March 11, 2026
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 91 Issue 47 (Wednesday, March 11, 2026)</title>
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[Federal Register Volume 91, Number 47 (Wednesday, March 11, 2026)]
[Notices]
[Pages 12032-12035]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04709]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-104939; File No. SR-CBOE-2026-022]
Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Replace
the Existing Flat Monthly Fee for the Silexx Application Programming
Interface (``API'') With a Usage-Based Tiered Pricing Structure
March 6, 2026.
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 February 26, 2026, Cboe Exchange, Inc. (the ``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.
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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 Exchange, Inc. (``Cboe'' or the ``Exchange'') is filing with
the Securities and Exchange Commission (``Commission'' or ``SEC'') a
proposed rule change to replace the existing flat monthly fee for the
Silexx application programming interface (``API'') with a usage-based
tiered pricing structure. The text of the proposed rule change is
provided in Exhibit 5.
The text of the proposed rule change is also available on the
Commission's
[[Page 12033]]
website (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>), the Exchange's website
(<a href="https://www.cboe.com/us/options/regulation/rule_filings/bzx/">https://www.cboe.com/us/options/regulation/rule_filings/bzx/</a>), and at
the principal office of the Exchange.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend the Silexx fee schedule, effective
March 2, 2026, to replace the existing flat monthly fee for the Silexx
application programming interface (``API'') with a usage-based tiered
pricing structure.
By way of background, the Exchange adopted fees for the use of
Silexx, a front-end order entry and management platform, on November 2,
2017,\3\ which included a flat monthly fee applicable to the Silexx
API. The API functionality allows users to integrate the Silexx
platform into their other internal applications and systems. Any
request for information submitted through the API is referred to as a
``call.''
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\3\ See Securities Exchange Act No. 82088 (November 15, 2017) 82
FR 55443 (November 21, 2017) (SR-CBOE-2017-068) (Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Describe
Functionality of and Adopt Fees for a New Front-End Order Entry and
Management Platform).
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The existing API fee is $200 per month per login identifier
(``ID'') and has not been updated since its adoption in 2017. Upon
reviewing API usage patterns, the Exchange has observed that users vary
significantly in their call volume during any given month. Some users
submit a relatively modest number of calls while others submit
substantially higher volumes. The current flat fee structure does not
account for these differences in usage, resulting in a pricing model
that does not reflect the varying levels of resources consumed by
different users. Accordingly, the Exchange is proposing to replace the
flat fee with a tiered pricing structure that aligns fees with actual
API usage. The proposed fee increase also reflects the fact that the
existing fee has remained unchanged for nearly nine years since its
adoption.
The Exchange proposes to establish three pricing tiers, each with
corresponding rate limits, ranging from $299 to $999 per login ID per
month. The proposed tiers are as follows:
<bullet> Tier 1: Monthly fee of $299 per login ID, with a rate
limit of 200 calls per minute and a daily call cap of 20,000 calls
applied at the firm level.
<bullet> Tier 2: Monthly fee of $699 per login ID, with a rate
limit of 2,000 calls per minute and a daily call cap of 200,000 calls
applied at the firm level.
<bullet> Tier 3: Monthly fee of $999 per login ID, with no rate
limit on a per-minute or daily basis.
By default, all login IDs will be assigned to Tier 1 unless a user
elects otherwise. A user may elect to move to a higher tier at any time
during the billing month; however, if a user switches tiers mid-month,
the higher-tier fee will apply for the entirety of that month.
For firms on Tier 1 or Tier 2, the Exchange proposes to assess an
overage fee of $0.01 per call for each call that exceeds the applicable
daily call cap. No overage fee applies to Tier 3 firms, as Tier 3
carries no daily call cap. For all tiers, if a login ID reaches the
applicable per-minute call cap, the login ID will be rate-limited and
will be unable to make additional calls until the next minute window
begins.
To illustrate how the proposed structure would operate, consider a
firm with nine total login IDs allocated across all three tiers: four
login IDs at Tier 1, three login IDs at Tier 2, and two login IDs at
Tier 3.
<bullet> The four Tier 1 login IDs would each be subject to a 200
calls per minute rate limit, and the firm's Tier 1 login IDs would
collectively be subject to a daily cap of 20,000 calls.
<bullet> The three Tier 2 login IDs would each be subject to a
2,000 calls per minute rate limit, and the firm's Tier 2 login IDs
would collectively be subject to a daily cap of 200,000 calls.
<bullet> The two Tier 3 login IDs would have no per-minute or daily
call cap, individually or in the aggregate.
Any calls exceeding the applicable per-minute or daily cap for Tier
1 or Tier 2 login IDs would be subject to the $0.01 per call overage
fee.
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\4\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \5\ requirements that the rules of
an exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \6\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers as well as Section 6(b)(4) \7\
as it is designed to provide for the equitable allocation of reasonable
dues, fees and other charges among its Members and other persons using
its facilities.
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\4\ 15 U.S.C. 78f(b).
\5\ 15 U.S.C. 78f(b)(5).
\6\ Id.
\7\ 15 U.S.C. 78f(b)(4).
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The Exchange believes the proposed tiered pricing structure is
reasonable for several reasons. First, the existing flat API fee of
$200 per month per login ID has not been updated since its adoption in
2017. The proposed fee increase reflects nearly nine years of unchanged
pricing and is designed to better align the fee with the current cost
of providing and maintaining API access. Second, the Exchange has
observed that users of the Silexx API vary significantly in their call
volume during any given month. The current flat fee structure does not
account for these differences in usage, resulting in a pricing model
that does not reflect the varying levels of resources consumed by
different users. The proposed tiered structure, with monthly fees of
$299, $699, and $999 per login ID, corresponding to increasing levels
of API call volume, is designed to align fees with actual usage, such
that users who consume greater API resources pay a higher fee
commensurate with that usage. The Exchange believes this usage-based
approach is a reasonable and rational method of pricing API access.
Third, the proposed overage fee of $0.01 per call for Tier 1 and Tier 2
firms exceeding the applicable daily cap is reasonable because it
ensures that users who exceed their tier's rate limits contribute
appropriately to the cost of
[[Page 12034]]
the additional resources consumed, while still providing users with
flexibility in their API usage. Finally, the Exchange notes that all
login IDs will default to Tier 1, the lowest-cost tier, and users
retain the ability to select the tier that best fits their usage needs,
providing users with meaningful choice in managing their costs.
The Exchange believes the proposed tiered pricing structure is
equitable and not unfairly discriminatory because the tiers are
available to all users of the Silexx API on an equal basis. Any user
may elect any tier, and the tier assignments are based solely on the
level of API usage a user requires, not on the identity of the user or
any other characteristic. users with lower call volume needs may remain
at Tier 1, while users with higher call volume needs may elect Tier 2
or Tier 3. Because the proposed fee structure applies uniformly to all
users and reflects differences in usage rather than differences among
users, the Exchange believes the proposed changes are equitable and not
unfairly discriminatory.
Additionally, the Exchange notes that the ability to switch tiers
during a billing month is available to all users equally. While a user
who switches to a higher tier mid-month will be charged the higher tier
fee for the entirety of that month, this billing treatment applies
uniformly to all users and is designed to provide administrative
simplicity and predictability in billing.
Finally, the Exchange notes that use of the Silexx API is
discretionary and not compulsory. users are not required to use the API
functionality, and the Silexx platform remains accessible without use
of the API. If market participants believe that other products,
vendors, or connectivity solutions available in the marketplace are
more beneficial or cost-effective than the Silexx API, they may simply
use those alternatives instead. The Exchange makes the Silexx API
available as a convenience to market participants, and the proposed fee
changes are designed to ensure that the fee structure reflects the
actual usage and value of that functionality.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe 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. The proposed tiered pricing structure applies
uniformly to all Users of the Silexx API. Any User may elect any tier
based on their individual usage needs, and no User is treated
differently from any other User with respect to tier availability or
eligibility. To the extent that different Users pay different monthly
fees, those differences reflect differences in the level of API usage
elected by each User, not differences among Users themselves. The
Exchange therefore does not believe the proposed changes place any
category of market participant at a competitive disadvantage relative
to another.
The Exchange does not believe 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. The Silexx
platform and its API functionality are proprietary tools offered by the
Exchange as a convenience to market participants. Users are not
required to use the Silexx API and may elect to use other front-end
platforms, order management systems, or connectivity solutions offered
by the Exchange or available in the broader marketplace. The existence
of these alternatives constrains the Exchange's ability to set fees at
unreasonable levels, as market participants may simply choose a
competing product or service if they determine that the Silexx API fees
are not commensurate with the value provided. Accordingly, the Exchange
does not believe the proposed changes will have any meaningful impact
on intermarket competition.
Finally, the Exchange notes that the proposed fee changes are
designed to align the Silexx API fee structure with actual usage
patterns and to reflect the fact that the existing flat fee has
remained unchanged since its adoption in 2017. To the extent the
proposed changes impose any burden on competition, the Exchange
believes any such burden is necessary and appropriate in furtherance of
the purposes of the Act, as the proposed changes serve the Exchange's
legitimate interest in maintaining a fee structure that is commensurate
with the resources consumed by API users and that reflects current
market conditions.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \8\ and paragraph (f) of Rule 19b-4 \9\
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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\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 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
<bullet> Use the Commission's internet comment form (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#354740595018565a5858505b4146754650561b525a43"><span class="__cf_email__" data-cfemail="384a4d545d155b5755555d564c4b784b5d5b165f574e">[email protected]</span></a>. Please include
file number SR-CBOE-2026-022 on the subject line.
Paper Comments
<bullet> 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-2026-022. 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 (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>). Copies of the filing will be available for inspection and
copying at the principal office of the Exchange. Do not include
personal identifiable information in submissions; you should submit
only information that you wish to make available publicly. We may
redact in part or withhold entirely from publication submitted material
that is obscene or subject to copyright protection. All submissions
should refer to file number SR-CBOE-2026-022 and should be submitted on
or before April 1, 2026.
[[Page 12035]]
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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\10\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-04709 Filed 3-10-26; 8:45 am]
BILLING CODE 8011-01-P
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