Notice2026-10829

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend its Fee Schedule

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Published
June 1, 2026

Issuing agencies

Securities and Exchange Commission

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<title>Federal Register, Volume 91 Issue 104 (Monday, June 1, 2026)</title>
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[Federal Register Volume 91, Number 104 (Monday, June 1, 2026)]
[Notices]
[Pages 32460-32464]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10829]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-105557; File No. SR-CboeBZX-2026-048]


Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
its Fee Schedule

May 27, 2026.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on May 20, 2026, Cboe BZX Exchange, Inc. (``Exchange'' or ``BZX'') 
filed with the Securities and Exchange Commission (``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 BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') proposes to 
amend its Fee Schedule by (i) introducing two quoting tiers to its Add/
Remove Volume Tiers and revising the criteria of Add Volume Tier 4; and 
(ii) discontinuing Step-Up Tier 1. 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 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/equities/regulation/rule_filings/bzx/">https://www.cboe.com/us/equities/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 its Fee Schedule applicable to its 
equities trading platform (``BZX Equities'') by (i) introducing two 
quoting tiers to its Add/Remove Volume Tiers and revising the criteria 
of Add Volume Tier 4; and (ii) discontinuing Step-Up Tier 1. The 
Exchange proposes to implement these changes effective on May 1, 
2026.\3\
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    \3\ The Exchange initially submitted the proposed rule change on 
May 1, 2026 (SR-CboeBZX-2026-039). On May 11, 2026, the Exchange 
withdrew that filing and submitted SR-CboeBZX-2026-042. On May 20, 
2026, the Exchange withdrew that filing and submitted this proposal.
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    The Exchange first notes that it operates in a highly competitive 
market in which market participants can readily direct order flow to 
competing venues if they deem fee levels at a particular venue to be 
excessive or incentives to be insufficient. More specifically, the 
Exchange is only one of 17 registered equities exchanges, as well

[[Page 32461]]

as a number of alternative trading systems and other off-exchange 
venues that do not have similar self-regulatory responsibilities under 
the Securities Exchange Act of 1934 (the ``Act''), to which market 
participants may direct their order flow. Based on publicly available 
information,\4\ no single registered equities exchange has more than 
14% of the market share. Thus, in such a low-concentrated and highly 
competitive market, no single equities exchange possesses significant 
pricing power in the execution of order flow. The Exchange in 
particular operates a ``Maker-Taker'' model whereby it pays rebates to 
members that add liquidity and assesses fees to those that remove 
liquidity. The Exchange's Fee Schedule sets forth the standard rebates 
and rates applied per share for orders that provide and remove 
liquidity, respectively. Currently, for orders in securities priced at 
or above $1.00, the Exchange provides a standard rebate of $0.00160 per 
share for orders that add liquidity and assesses a fee of $0.0030 per 
share for orders that remove liquidity.\5\ For orders in securities 
priced below $1.00, the Exchange does not provide a rebate for orders 
that add liquidity and assesses a fee of 0.30% of the total dollar 
value for orders that remove liquidity.\6\ Additionally, in response to 
the competitive environment, the Exchange also offers tiered pricing 
which provides Members opportunities to qualify for higher rebates or 
reduced fees where certain volume criteria and thresholds are met. 
Tiered pricing provides an incremental incentive for Members to strive 
for higher tier levels, which provides increasingly higher benefits or 
discounts for satisfying increasingly more stringent criteria.
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    \4\ See Cboe Global Markets, U.S. Equities Market Volume 
Summary, Month-to-Date (April 29, 2026), available at <a href="https://www.cboe.com/us/equities/_statistics/">https://www.cboe.com/us/equities/_statistics/</a>.
    \5\ See BZX Equities Fee Schedule, Standard Rates.
    \6\ Id.
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Add/Remove Volume Tiers
    Under footnote 1 of the Fee Schedule, the Exchange offers various 
Add/Remove Volume Tiers. In particular, the Exchange offers nine Add/
Remove Volume tiers and one Cross Asset Tier that each provide an 
enhanced rebate for orders yielding fee codes B,\7\ V \8\ and Y \9\ 
where a Member reaches certain add or remove volume-based criteria. The 
Exchange now proposes to adopt two quoting tiers under footnote 1. The 
proposed criteria for the quoting tiers is as follows:
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    \7\ Fee code B is appended to displayed orders that add 
liquidity to BZX in Tape B securities.
    \8\ Fee code V is appended to displayed orders that add 
liquidity to BZX in Tape A securities.
    \9\ Fee code Y is appended to displayed orders that add 
liquidity to BZX in Tape C securities.
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    <bullet> The Member Quoting Tier provides an enhanced rebate of 
$0.0027 per share in securities priced at or above $1.00 to qualifying 
orders (i.e., orders yielding fee codes B, V, or Y) where a Member is 
enrolled in all securities during the prior month for which it meets 
the following criteria: (i) Member has an NBBO Time \10\ >=25%, 
calculated on a daily basis, in an average of at least 750 securities 
during the prior month; and (ii) Member has a Displayed Ex-Subdollar 
ADAV \11\ as a percentage of Ex-Subdollar TCV \12\ <0.03%.
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    \10\ ``NBBO Time'' means the percentage of time during regular 
trading hours during which the Member maintains at least 1 round lot 
at each of the NBB and NBO.
    \11\ ``Ex-Subdollar ADAV'' means ADAV that excludes executions 
in securities priced below $1.00. ``Displayed Ex-Subdollar ADAV'' 
means ADAV in displayed orders that excludes executions in 
securities priced below $1.00.
    \12\ ``Ex-Subdollar TCV'' means TCV that excludes executions in 
securities that have an average daily price below $1.00.
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    <bullet> The MPID Quoting Tier provides an enhanced rebate of 
$0.0027 per share in securities priced at or above $1.00 to qualifying 
orders (i.e., orders yielding fee codes B, V, or Y) where an MPID is 
enrolled in all securities during the prior month for which it meets 
the following criteria: MPID has an MPID NBBO Time \13\ >=25%, 
calculated on a daily basis, in an average of at least 750 securities 
during the prior month.
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    \13\ ``MPID NBBO Time'' means the percentage of time during 
regular trading hours during which the MPID maintains at least 1 
round lot at each of the NBB and NBO.
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    The Exchange notes that in addition to introducing the Member 
Quoting Tier and the MPID Quoting Tier it also proposes to introduce 
language that will specify that for May 2026, the Member Quoting Tier 
and MPID Quoting Tier will utilize quoting and trading activity from 
May 2026 for its volume calculations and the tier payment would not 
begin until June 2026 for those Members that satisfy the criteria 
during May 2026. The Exchange believes it is necessary to include this 
language as the General Notes section of the Fee Schedule currently 
states: ``[I]n compliance with Regulation NMS Rule 610(d), effective 
February 2, 2026, unless otherwise indicated, all volume figures will 
be derived from quoting or trading activity in the prior month.'' By 
introducing the proposed language described above, the Exchange is 
providing notice that the proposed Member Quoting Tier and MPID Quoting 
Tier are utilizing quoting and trading activity from May 2026 so that 
Members may begin to attempt to satisfy the proposed criteria ahead of 
the first month that the tiers would become payable, which would be 
June 2026. Given that the Member Quoting Tier and MPID Quoting Tier 
were not available for enrollment until May 1, 2026, the Exchange 
believes it is appropriate to provide Members the full month of May 
2026 to qualify for the Member Quoting Tier and MPID Quoting Tier 
before the tiers become payable in June 2026.
    The proposed Member Quoting Tier and MPID Quoting Tier, like other 
Add Volume Tiers are intended to provide an additional opportunity to 
incentivize Members to earn an enhanced rebate by promoting price 
discovery and market quality by quoting at the NBBO for a significant 
portion of each day in securities of the Member or MPID's choice. 
Increasing order flow to the Exchange may further contribute to a 
deeper, more liquid market and provide even more execution 
opportunities for active market participants. Incentivizing an increase 
in displayed liquidity adding volume through enhanced rebate 
opportunities encourages liquidity-adding Members on the Exchange to 
increase transactions and take execution opportunities provided by such 
increased liquidity, together providing for overall enhanced price 
discovery and price improvement opportunities on the Exchange. As such, 
increased overall order flow benefits all Members by contributing 
towards a robust and well-balanced market ecosystem.
    In addition to the proposed introduction of the Quoting Tiers as 
described supra, the Exchange proposes to amend the criteria of Add 
Volume Tier 4 by removing the NBBO Size \14\ requirement. The current 
criteria of Add Volume Tier 4 is as follows:
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    \14\ ``NBBO Size'' is not a defined term on the BZX Equity Fee 
Schedule and is an erroneous reference to a previous definition of 
``NBBO Size Time'' that appeared on the Exchange's fee schedule. 
``NBBO Size Time'' meant the percentage of time during regular 
trading hours during which there are size-setting quotes at the NBBO 
on the Exchange. This definition was removed by the Exchange in SR-
CboeBZX-2026-022, which was filed on April 1, 2026.
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    <bullet> Add Volume Tier 4 provides a rebate of $0.0028 per share 
in securities priced at or above $1.00 to qualifying orders (i.e., 
orders yielding fee codes B, V, and Y) where a Member (1) is enrolled 
in at least 50 BZX-listed LMP Securities \15\ for which it meets the

[[Page 32462]]

following criteria for at least 50% of the trading days in the 
applicable month: (i) Member has an NBBO Time >=15% or an NBBO Size 
>=25%; and (ii) Member has a Displayed Size Time \16\ >=90%; and (2) 
Member is enrolled in at least 30 LMM Securities; \17\ and (3) Member 
has an ADAV \18\ as a percentage of TCV \19\ >=0.15%.
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    \15\ ``LMP Securities'' means a list of securities included in 
the Liquidity Management Program, the universe of which will be 
determined by the Exchange and published in a circular distributed 
to Members and on the Exchange's website. Such LMP Securities will 
include all Cboe-listed ETPs and certain non-Cboe-listed ETPs for 
which the Exchange wants to incentivize Members to provide enhanced 
market quality. All Cboe-listed securities will be LMP Securities 
immediately upon listing on the Exchange. The Exchange will not 
remove a security from the list of LMP Securities without 30 days 
prior notice.
    \16\ ``Displayed Size Time'' means the percentage of time during 
regular trading hours during which the Member maintains at least 
2,500 displayed shares on the bid and separately maintains at least 
2,500 displayed shares on the offer that are priced no more than 2% 
away from the NBB and NBO, respectively.
    \17\ ``LMM Securities'' means BZX-listed securities for which a 
Member is an LMM.
    \18\ ``ADAV'' means average daily added volume calculated as the 
number of shares added per day. ADAV is calculated on a monthly 
basis.
    \19\ ``TCV'' means total consolidated volume calculated as the 
volume reported by all exchanges and trade reporting facilities to a 
consolidated transaction reporting plan for the month for which the 
fees apply.
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    The proposed criteria for Add Volume Tier 4 is as follows:
    <bullet> Add Volume Tier 4 provides a rebate of $0.0028 per share 
in securities priced at or above $1.00 to qualifying orders (i.e., 
orders yielding fee codes B, V, and Y) where a Member (1) is enrolled 
in at least 50 BZX-listed LMP Securities for which it meets the 
following criteria for at least 50% of the trading days in the 
applicable month: (i) Member has an NBBO Time >=15%; and (ii) Member 
has a Displayed Size Time >=90%; and (2) Member is enrolled in at least 
30 LMM Securities; and (3) Member has an ADAV as a percentage of TCV 
>=0.15%.
    The proposed Add Volume Tier 4 will continue to provide an 
additional opportunity to incentivize Members to earn an enhanced 
rebate by promoting price discovery and market quality by quoting at 
the NBBO for a significant portion of each day in securities of the 
Member's choice. Increasing order flow to the Exchange may further 
contribute to a deeper, more liquid market and provide even more 
execution opportunities for active market participants. Incentivizing 
an increase in displayed liquidity adding volume through additive 
rebate opportunities encourages liquidity-adding Members on the 
Exchange to increase transactions and take execution opportunities 
provided by such increased liquidity, together providing for overall 
enhanced price discovery and price improvement opportunities on the 
Exchange. As such, increased overall order flow benefits all Members by 
contributing towards a robust and well-balanced market ecosystem.
Step-Up Tiers
    Under footnote 2 of the Fee Schedule, the Exchange currently offers 
various Step-Up Tiers that provide enhanced rebates for orders yielding 
fee codes B, V and Y where a Member reaches certain add volume-based 
criteria, including ``growing'' its volume over a certain baseline 
month. The Exchange now proposes to discontinue Step-Up Tier 1 as the 
tier's expiration date of March 31, 2026, has occurred. Additionally, 
the Exchange no longer wishes to, nor is required to, maintain such 
tier. More specifically, the proposed change removes this tier as the 
Exchange would rather redirect future resources and funding into other 
programs and tiers intended to incentivize increased order flow.
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.\20\ Specifically, the Exchange believes the proposed rule change 
is consistent with the Section 6(b)(5) \21\ 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) \22\ 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) \23\ 
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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    \20\ 15 U.S.C. 78f(b).
    \21\ 15 U.S.C. 78f(b)(5).
    \22\ Id.
    \23\ 15 U.S.C. 78f(b)(4)
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    As described above, the Exchange operates in a highly competitive 
market in which market participants can readily direct order flow to 
competing venues if they deem fee levels at a particular venue to be 
excessive or incentives to be insufficient. The Exchange believes that 
its proposal to introduce the Member Quoting Tier and MPID Quoting Tier 
and amend the criteria of Add Volume Tier 4 reflects a competitive 
pricing structure designed to incentivize market participants to direct 
their order flow to the Exchange, which the Exchange believes would 
enhance market quality to the benefit of all Members. Specifically, the 
Exchange's proposed Member Quoting Tier, MPID Quoting Tier, and Add 
Volume Tier 4 are not a significant departure from existing criteria, 
are reasonably correlated to the enhanced rebate offered by the 
Exchange and other competing exchanges,\24\ and will continue to 
incentivize Members to submit order flow to the Exchange. Additionally, 
the Exchange notes that relative volume-based incentives and discounts 
have been widely adopted by exchanges,\25\ including the Exchange,\26\ 
and are reasonable, equitable and non-discriminatory because they are 
open to all Members on an equal basis and provide additional benefits 
or discounts that are reasonably related to (i) the value to an 
exchange's market quality and (ii) associated higher levels of market 
activity, such as higher levels of liquidity provision and/or growth 
patterns. Competing equity exchanges offer similar tiered pricing 
structures, including schedules or rebates and fees that apply based 
upon members achieving certain volume and/or growth thresholds, as well 
as assess similar fees or rebates for similar types of orders, to that 
of the Exchange.
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    \24\ See MEMX Equities Fee Schedule, Additive Rebates, Tape A 
Quoting and Tape C Quoting, available at <a href="https://info.memxtrading.com/equities-trading-resources/us-equities-fee-schedule/">https://info.memxtrading.com/equities-trading-resources/us-equities-fee-schedule/</a>.
    \25\ See e.g., EDGX Equities Fee Schedule, Footnote 1, Add/
Remove Volume Tiers.
    \26\ See e.g., BZX Equities Fee Schedule, Footnote 1, Add/Remove 
Volume Tiers.
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    In particular, the Exchange believes its proposed Member Quoting 
Tier, MPID Quoting Tier, and Add Volume Tier 4 are reasonable because 
the proposed tiers will be available to all Members and provide all 
Members with an opportunity to receive an enhanced rebate. The Exchange 
further believes its proposed Member Quoting Tier, MPID Quoting Tier, 
and Add Volume Tier 4 will provide a reasonable means to encourage 
liquidity adding displayed orders in Members' order flow to the 
Exchange and to incentivize Members to continue to provide liquidity 
adding volume to the Exchange by offering them an opportunity to 
receive an enhanced rebate on qualifying orders. An overall increase in 
activity would

[[Page 32463]]

deepen the Exchange's liquidity pool, offer additional cost savings, 
support the quality of price discovery, promote market transparency and 
improve market quality, for all investors.
    The Exchange believes that its proposed Member Quoting Tier, MPID 
Quoting Tier, and Add Volume Tier 4 are reasonable as the proposed 
criteria does not represent a significant departure from the criteria 
currently offered in the Fee Schedule. The Exchange also believes that 
the proposal represents an equitable allocation of fees and rebates and 
is not unfairly discriminatory because all Members will be eligible for 
the proposed Member Quoting Tier, MPID Quoting Tier, and Add Volume 
Tier 4 and have the opportunity to meet the tiers' criteria and receive 
the corresponding enhanced rebate if such criteria is met. Without 
having a view of activity on other markets and off-exchange venues, the 
Exchange has no way of knowing whether this proposed rule change would 
definitely result in any Members qualifying for the proposed Member 
Quoting Tier or MPID Quoting Tier. While the Exchange has no way of 
predicting with certainty how the proposed changes will impact Member 
activity, based on the prior month's volume, the Exchange anticipates 
that at least one Member will be able to satisfy the proposed Member 
Quoting Tier, at least one Member will be able to satisfy the proposed 
MPID Quoting Tier, and no Members will be able to satisfy the proposed 
Add Volume Tier 4. The Exchange also notes that proposed changes will 
not adversely impact any Member's ability to qualify for enhanced 
rebates offered under other tiers. Should a Member not meet the 
proposed new criteria, the Member will merely not receive that 
corresponding enhanced rebate.
    Additionally, the Exchange believes the text accompanying the 
proposed Member Quoting Tier and MPID Quoting Tier promotes just and 
equitable principles of trade and is not unfairly discriminatory 
because it applies to all Members equally, in that any Member seeking 
to achieve the criteria of the proposed tiers will be utilizing quoting 
and trading activity from May 2026 and shall not receive payment for 
the proposed tiers until June 2026. Providing this additional clarity 
on the Exchange's Fee Schedule ensures that all market participants 
have information regarding the quoting and trading activity being 
utilized to determine qualification for the proposed Member Quoting 
Tier and MPID Quoting Tier.
    Lastly, the Exchange believes that its proposal to discontinue 
Step-Up Tier 1 is reasonable because the tier has expired and Exchange 
is not required to maintain this tier or provide Members an opportunity 
to receive enhanced rebates. The Exchange believes the proposal to 
discontinue this tier is also equitable and not unfairly discriminatory 
because it applies to all Members (i.e., the tier will not be available 
for any Member). The Exchange also notes that the proposed rule change 
to remove this tier merely results in Members not receiving an enhanced 
rebate, which, as noted above, the Exchange is not required to offer or 
maintain. Furthermore, the proposed rule change to eliminate Step-Up 
Tier 1 enables the Exchange to redirect resources and funding into 
other programs and tiers intended to incentivize increased order flow.

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. Rather, as discussed above, 
the Exchange believes that the proposed change would encourage the 
submission of additional order flow to a public exchange, thereby 
promoting market depth, execution incentives and enhanced execution 
opportunities, as well as price discovery and transparency for all 
Members. As a result, the Exchange believes that the proposed changes 
further the Commission's goal in adopting Regulation NMS of fostering 
competition among orders, which promotes ``more efficient pricing of 
individual stocks for all types of orders, large and small.''
    The Exchange believes the proposed rule changes do not impose any 
burden on intramarket competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. Particularly, the proposed 
introduction of the Member Quoting Tier and MPID Quoting Tier, and 
proposed amendment of Add Volume Tier 4 does not impose an unnecessary 
burden as all Members are eligible to receive the enhanced rebate under 
the proposed tiers. The Exchange does not believe the proposed changes 
burden competition, but rather, enhances competition as it is intended 
to increase the competitiveness of BZX by amending existing pricing 
incentives in order to attract order flow and incentivize participants 
to increase their participation on the Exchange, providing for 
additional execution opportunities for market participants and improved 
price transparency. Greater overall order flow, trading opportunities, 
and pricing transparency benefits all market participants on the 
Exchange by enhancing market quality and continuing to encourage 
Members to send orders, thereby contributing towards a robust and well-
balanced market ecosystem.
    The proposed change to discontinue Step-Up Tier 1 will not impose 
any burden on intramarket competition because the changes apply to all 
Members uniformly, as in, the tier will not longer be available to any 
Member.
    Next, the Exchange believes the proposed rule changes do not impose 
any burden on intermarket competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The Exchange 
operates in a highly competitive market. Members have numerous 
alternative venues that they may participate on and direct their order 
flow, including other equities exchanges, off-exchange venues, and 
alternative trading systems. Additionally, the Exchange represents a 
small percentage of the overall market. Based on publicly available 
information, no single equities exchange has more than 14% of the 
market share.\27\ Therefore, no exchange possesses significant pricing 
power in the execution of order flow. Indeed, participants can readily 
choose to send their orders to other exchange and off-exchange venues 
if they deem fee levels at those other venues to be more favorable. 
Moreover, the Commission has repeatedly expressed its preference for 
competition over regulatory intervention in determining prices, 
products, and services in the securities markets. Specifically, in 
Regulation NMS, the Commission highlighted the importance of market 
forces in determining prices and SRO revenues and, also, recognized 
that current regulation of the market system ``has been remarkably 
successful in promoting market competition in its broader forms that 
are most important to investors and listed companies.'' \28\ 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

[[Page 32464]]

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'. . . .''.\29\ Accordingly, the Exchange 
does not believe its proposed fee change imposes any burden on 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act.
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    \27\ Supra note 4.
    \28\ See Securities Exchange Act Release No. 51808 (June 9, 
2005), 70 FR 37496, 37499 (June 29, 2005).
    \29\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010) 
(quoting Securities Exchange Act Release No. 59039 (December 2, 
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \30\ and paragraph (f) of Rule 19b-4 \31\ 
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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    \30\ 15 U.S.C. 78s(b)(3)(A).
    \31\ 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#aedcdbc2cb83cdc1c3c3cbc0daddeeddcbcd80c9c1d8"><span class="__cf_email__" data-cfemail="bdcfc8d1d890ded2d0d0d8d3c9cefdced8de93dad2cb">[email&#160;protected]</span></a>. Please include 
file number SR-CboeBZX-2026-048 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-CboeBZX-2026-048. 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-CboeBZX-2026-048 and 
should be submitted on or before June 22, 2026.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\32\
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    \32\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-10829 Filed 5-29-26; 8:45 am]
BILLING CODE 8011-01-P


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