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Notice2026-20710

Self-Regulatory Organizations; Investors Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Pursuant to IEX Rule 15.110(a) and (c) To Modify the Required Criteria To Qualify for the Reduced Incremental Fee

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Published
October 9, 2026

Issuing agencies

Securities and Exchange Commission

Full Text

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<title>Federal Register, Volume 91 Issue 195 (Friday, October 9, 2026)</title>
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[Federal Register Volume 91, Number 195 (Friday, October 9, 2026)]
[Notices]
[Pages 64723-64727]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20710]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-106606; File No. SR-IEX-2026-40]


Self-Regulatory Organizations; Investors Exchange LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Pursuant to 
IEX Rule 15.110(a) and (c) To Modify the Required Criteria To Qualify 
for the Reduced Incremental Fee

October 6, 2026.
    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 30, 2026, the Investors Exchange LLC (``IEX'' 
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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.

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[[Page 64724]]

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    Pursuant to the provisions of Section 19(b)(1) under the Act,\4\ 
and Rule 19b-4 thereunder,\5\ the Exchange is filing with the 
Commission a proposed rule change to amend the Exchange's fee schedule 
applicable to Members \6\ (the ``Fee Schedule'' \7\) pursuant to IEX 
Rule 15.110(a) and (c) to modify the required criteria to qualify for 
the reduced Incremental Fee. Changes to the Fee Schedule pursuant to 
this proposal are effective upon filing,\8\ and will be implemented on 
November 1, 2026.
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    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
    \6\ See IEX Rule 1.160(s).
    \7\ See Investors Exchange Fee Schedule, available at <a href="https://www.iex.io/resources/trading/fee-schedule">https://www.iex.io/resources/trading/fee-schedule</a>.
    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
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    The text of the proposed rule change is available at the Exchange's 
website at <a href="https://www.iexexchange.io/resources/regulation/rule-filings">https://www.iexexchange.io/resources/regulation/rule-filings</a> 
and at the principal office of the Exchange.

II. Self-Regulatory Organization's Statement of the Purpose of, and the 
Statutory Basis for, the Proposed Rule Change

    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 these statements may be examined at 
the places specified in Item IV below. The self-regulatory organization 
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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    IEX proposes to modify the required criteria to qualify for 
Incremental Fee Tier 2, which is applicable to certain executions of 
non-displayed orders.\9\ Specifically, IEX proposes to increase by 
5,000,000 the threshold volume required to qualify for the reduced fees 
of Incremental Fee Tier 2, unless the Member qualified for one of the 
Exchange's two highest displayed liquidity adding rebate tiers in the 
prior month. This fee change proposal is effective on filing and will 
be implemented on November 1, 2026.\10\
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    \9\ See Footnote 6 to the Transaction Fees section of the Fee 
Schedule, supra, note 7.
    \10\ Nothing in this rule filing affects trades below $1.00 per 
share (``sub-dollar trades''). Sub-dollar trades would not impact 
the Incremental Fee Tier calculations and would not be eligible for 
any of the Incremental Fee Tiers described herein.
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    IEX's Incremental Fee Tiers are a volume-based fee incentive 
designed to incentivize Members to increase their Incremental Fee 
eligible ADV \11\ on the Exchange by charging a reduced fee of $0.0001 
per share \12\ to Members that qualify for Incremental Fee Tier 2 for 
applicable executions of non-displayed orders.\13\ A Member qualifies 
for the reduced fee (i.e., Incremental Fee Tier 2) for a portion of its 
Incremental Fee eligible ADV \14\ in the current month if in the prior 
(i.e., immediately preceding) month, its Incremental non-displayed ADV 
\15\ exceeded its Baseline non-displayed ADV \16\ by at least 
15,000,000.\17\
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    \11\ ``Incremental Fee eligible ADV'' means executions with any 
of the Fee Code Combinations MI, MIB, TI, TIB, TIY, or TIYB. Unless 
otherwise specified, Incremental Fee eligible ADV refers to 
executions in the current month. See Fee Schedule, supra, note 7, 
Transaction Fees, Definitions.
    \12\ IEX's base rate for transactions that add or remove non-
displayed liquidity is $0.0010 per share. See IEX Fee Schedule, 
supra, note 7, Transaction Fees, Base Rates table.
    \13\ The fee codes to which the Incremental Fee Tiers apply are 
``MI'' (Adds non-displayed liquidity); ``MIB'' (Adds non-displayed 
liquidity in Tape B securities); ``TIY'' (Post Only order removes 
non-displayed liquidity); ``TIYB'' (Post Only order removes non-
displayed liquidity in Tape B securities); ``TI'' (Removes non-
displayed liquidity); and ``TIB'' (Removes non-displayed liquidity 
in Tape B securities).
    \14\ The amount of Incremental Fee eligible ADV that is eligible 
for the reduced fee of $0.0001 per share is capped at the Baseline 
non-displayed ADV, unless the Member qualified for Incremental Fee 
Tier 2 for at least three immediately preceding months. See IEX Fee 
Schedule, supra, note 7, footnote 6 to the Transaction Fees, Base 
Rates table and Fee Code Combinations and Associated Fees table.
    \15\ ``Incremental non-displayed ADV'' means executions in the 
immediately preceding month of Incremental Fee eligible ADV that 
exceeded the Baseline non-displayed ADV. See IEX Fee Schedule, 
supra, note 7, Transaction Fees, Definitions.
    \16\ ``Baseline non-displayed ADV'' is calculated by taking the 
average of the Member's Incremental Fee eligible ADV in the three 
months with the lowest Incremental Fee eligible ADV between March 1, 
2025 and February 28, 2026. For Members that joined IEX after March 
1, 2025, the Baseline non-displayed ADV is calculated by taking the 
average of the Member's Incremental Fee eligible ADV in its first 
three full months of trading on the Exchange. See IEX Fee Schedule, 
supra, note 7, Transaction Fees, Definitions.
    \17\ Unless the Member has qualified for Incremental Fee Tier 2 
in at least the three immediately preceding months, IEX caps the 
volume that is eligible for the reduced $0.0001 fee at the Member's 
Baseline non-displayed ADV, and any additional Incremental Fee 
eligible ADV is charged the regular fee of $0.0010 for either adding 
or removing non-displayed liquidity. For Members that qualified for 
Incremental Fee Tier 2 in at least the three immediately preceding 
months, IEX doubles the cap on the amount of Incremental Fee 
eligible ADV that qualifies for the $0.0001 reduced fee, and any 
additional Incremental Fee eligible ADV in excess of the two-times 
Baseline non-displayed ADV cap on the $0.0001 reduced fee is 
assessed a reduced fee of $0.0004.
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    IEX proposes to increase the threshold volume by which Members must 
exceed their Baseline non-displayed ADV to qualify for Incremental Fee 
Tier 2 from 15,000,000 to 20,000,000 Incremental Fee eligible ADV, 
unless the Members qualified for one of the Exchange's two highest 
displayed liquidity adding rebate tiers in the prior month. This 
proposed increase is designed to reflect changes to trading volumes in 
securities priced at or above $1.00 compared to when these tiers were 
set, as well as the increased trading activity of IEX Members; these 
changes add liquidity to the Exchange and make the threshold volume 
requirement easier to reach. The Exchange believes that the proposed 
change to the threshold volume requirement will continue to incentivize 
Members to grow their non-displayed volume on the Exchange. Moreover, 
IEX notes that increased volume on the Exchange contributes to a deeper 
and more liquid market, which benefits all market participants and 
provides greater execution opportunities on the Exchange.
    With respect to a Member who qualified for one of the Exchange's 
two highest displayed liquidity adding rebate tiers in the prior month, 
IEX proposes to continue applying the lower qualification requirement, 
meaning the Member's Incremental non-displayed ADV must exceed its 
Baseline non-displayed ADV by at least 15,000,000. To qualify for Tier 
8 in the current month, in the prior month a Member must have added at 
least 40,000,000 ADV of displayed liquidity. To qualify for Tier 9 in 
the current month, in the prior month a Member must have added at least 
50,000,000 ADV of displayed liquidity.\18\
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    \18\ On September 30, 2026, IEX filed a proposed rule change 
that made a few modifications to the Displayed Liquidity Adding 
Rebate Tiers, including introducing a new top-level tier, Tier 9. 
See SR-IEX-2026-39. The fee changes in both SR-IEX-2026-39 and this 
filing will be operative on November 1, 2026.
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    IEX proposes applying the lower qualification requirement for 
Members who qualified for Tiers 8 or 9 in the prior month to expand 
access to the Incremental Fee Tiers. This proposed change, working in 
tandem with the Displayed Liquidity Adding Rebate Tiers, is designed to 
incentivize Members to add both displayed and non-displayed liquidity 
to the Exchange by making it easier for Members that add substantial 
amounts of displayed liquidity to benefit from the Incremental Fee Tier 
2 reduced fees.

[[Page 64725]]

    To reflect the changed threshold to qualify for Incremental Fee 
Tier 2 (for Members who did not qualify for Displayed Liquidity Adding 
Rebate Tier 8 or 9 in the prior month), IEX proposes to change any 
references in the Fee Schedule to the 15,000,000 Incremental Fee 
eligible ADV threshold, so that they refer to the new 20,000,000 
Incremental Fee eligible ADV threshold. Specifically, IEX proposes to:
    <bullet> In the second bullet in the Incremental Fee Tiers section 
of the Fee Schedule, change the language to read in full:
    [cir] A Member qualifies for the Incremental Fee (i.e., Incremental 
Fee Tier 2) in the current month if its Incremental Fee eligible ADV in 
the prior month exceeded its Baseline non-displayed ADV by at least 
20,000,000 (or by at least 15,000,000 if the Member qualified for 
Displayed Liquidity Adding Rebate Tier 8 or Tier 9).
    <bullet> In the ``Incremental Fee Tier Calculation Table (used by 
both Options 1 and 2)'' make the following changes:
    [cir] Change the ``Required Criteria'' for Tier 1 to read in full:
    [ssquf] Member's Incremental non-displayed ADV was less than 
20,000,000\a\
    [cir] Change the ``Required Criteria'' for Tier 2 to read in full:
    [ssquf] Member's Incremental non-displayed ADV was greater than or 
equal to 20,000,000\a\
    [cir] Change the current references to footnote ``a'' to instead 
refer to footnote ``b'', and renumber current footnote ``a'' to be 
footnote ``b''
    [cir] Add a new explanatory footnote ``a'' that reads in full:
    [ssquf] A Member that qualifies for either Displayed Liquidity 
Adding Rebate Tier 8 or Tier 9 (based on its prior month activity) 
qualifies for Incremental Fee Tier 2 in the current month if its prior 
month's Incremental non-displayed ADV exceeded its Baseline non-
displayed ADV by at least 15,000,000. The below examples for 
Incremental Fee Tier Option 1 and Option 2 assume the Member did not 
qualify for Displayed Liquidity Adding Rebate Tier 8 or Tier 9, and 
therefore the Member's Incremental non-displayed ADV must exceed its 
Baseline non-displayed ADV by at least 20,000,000 in the prior month to 
qualify for Incremental Fee Tier 2 in the current month.
    IEX also proposes to update the numbers in several examples in the 
Incremental Fee Tier section of the Fee Schedule, so that the examples 
accurately reflect the proposed requirement that a Member's Incremental 
Fee eligible ADV exceed its Baseline non-displayed ADV by at least 
20,000,000 for the Member to qualify for Incremental Fee Tier 2. 
Specifically, IEX proposes making the following changes to the examples 
and explanatory text in the Fee Schedule:
    <bullet> Revise the last sentence in renumbered footnote ``b'' to 
the ``Incremental Fee Tier Calculation Table (used by both Options 1 
and 2)'' by adding 5,000,000 to the Baseline non-displayed ADV and 
20,000,000 to the Incremental Fee Eligible ADV. As proposed, the 
sentence will read as follows:
    [cir] For example, if such a Member's Baseline non-displayed ADV is 
20,000,000 and its Incremental Fee eligible ADV is 70,000,000 (i.e., 
its Incremental non-displayed ADV is 50,000,000), 20,000,000 is 
assessed the $0.0010 fee, 40,000,000 is assessed the $0.0001 fee, and 
10,000,000 is assessed the $0.0004 fee.
    <bullet> Revise the numbers in the Incremental Fee Tier Option 1 
example table by adding 5,000,000 to each cell (except for the Baseline 
non-displayed ADV, which will remain 20,000,000). Additionally, IEX 
proposes to apply the revised numbers to the blended rate calculations 
for the Month 1 and Month 2 Fees, and to update the numbers in those 
columns to reflect the changed blended rates that result from the 
higher threshold volume requirement to qualify for Incremental Fee Tier 
2.
    [cir] As proposed, the example table, and footnotes will read as 
follows:

----------------------------------------------------------------------------------------------------------------
             Baseline non-   Prior month ADV
   Ex.       displayed ADV          *          Month 1 ADV *    Month 2 ADV *     Month 1 fees     Month 2 fees
----------------------------------------------------------------------------------------------------------------
1........  20mm............  40mm...........  40mm...........  30mm...........  $0.00055/share   $0.00055/
                                                                                 **.              share.***
2........  20mm............  45mm...........  30mm...........  40mm...........  0.0006/share...  0.0010/share.
3........  20mm............  45mm...........  55mm...........  15mm...........  0.0006/share...  0.00067/share.
----------------------------------------------------------------------------------------------------------------
* Incremental Fee eligible ADV
** A Member with a Baseline non-displayed ADV of 20,000,000 that has Incremental Fee eligible ADV of 40,000,000
  in the Prior Month will pay $0.00055 for all Incremental Fee eligible ADV in Month 1, because that is the
  blended average of the Member's Prior Month trading fees ($0.0010/share fee for 20,000,000 and $0.0001/share
  fee for 20,000,000).
*** Since the prior month's blended rate is used, the fact that the Member's Month 2 Incremental Fee eligible
  ADV did not exceed the Baseline non-displayed ADV by at least 20,000,000 would not be taken into account until
  Month 3 billing.

    <bullet> Revise the numbers in the Incremental Fee Tier Option 2 
example table by adding 5,000,000 multiplied by the number of trading 
days in the month, to each cell listing an ADV value (except for the 
Baseline non-displayed ADV, which will remain 20,000,000), and any cell 
listing a TAV value (except for the Baseline non-displayed TAV \19\ 
columns, which will remain unchanged). Additionally, IEX proposes to 
update the Incremental Fee eligible TAV,\20\ Incremental non-displayed 
TAV,\21\ and Month 1 and 2 Fees values in the example table.
---------------------------------------------------------------------------

    \19\ ``Baseline non-displayed TAV'' is calculated by multiplying 
the Baseline non-displayed ADV times the number of trading days in 
the current month. See Fee Schedule, supra, note 7.
    \20\ ``Incremental Fee eligible TAV'' is calculated by 
multiplying the current month's Incremental Fee eligible ADV times 
the number of trading days in the current month. See Fee Schedule, 
supra, note 7.
    \21\ Incremental non-displayed TAV is the amount by which the 
current month's Incremental Fee eligible TAV exceeds the Baseline 
non-displayed TAV. If the Baseline non-displayed TAV is greater than 
the Incremental Fee eligible TAV, this value is 0. If this value 
exceeds the Baseline non-displayed TAV, the number of shares 
eligible for the reduced Incremental Fee is capped at the Baseline 
non-displayed TAV for Members that have not qualified for 
Incremental Fee Tier 2 in each of the three immediately preceding 
months. For Members that have qualified for Incremental Fee Tier 2 
for at least the three immediately preceding months, the number of 
shares eligible for the $0.0001 fee is capped at two times the 
Baseline non-displayed ADV, and any volume greater than three times 
the Baseline non-displayed ADV is eligible for the $0.0004 fee. See 
Fee Schedule, supra, note 7.
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    [cir] As proposed, the example table, and footnotes will read as 
follows:

[[Page 64726]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                 Month 1 (19 trading days)
                 Baseline non-                       --------------------------------------------------------------------------------
                 displayed ADV     Prior month ADV *                                            Baseline volume   Incremental volume     Month 1 fees
                                                             ADV *          Total volume **           ***                ****
--------------------------------------------------------------------------------------------------------------------------------------------------------
1...........  20mm..............  40mm..............  40mm..............  760mm.............  380mm.............  380mm.............  <bullet> $0.0010/
                                                                                                                                       share on first
                                                                                                                                       380mm shares.
                                                                                                                                      <bullet> $0.0001/
                                                                                                                                       share on
                                                                                                                                       remaining 380mm
                                                                                                                                       shares.
2...........  20mm..............  45mm..............  30mm..............  570mm.............  380mm.............  190mm.............  <bullet> $0.0010/
                                                                                                                                       share on first
                                                                                                                                       380mm shares.
                                                                                                                                      <bullet> $0.0001/
                                                                                                                                       share on
                                                                                                                                       remaining 190mm
                                                                                                                                       shares.
3...........  20mm..............  45mm..............  55mm..............  1,045mm...........  380mm.............  665mm (only 380mm   <bullet> $0.0010/
                                                                                                                   eligible for        share on first
                                                                                                                   $0.0001 fee).       380mm shares.
                                                                                                                                      <bullet> $0.0001/
                                                                                                                                       share on next
                                                                                                                                       380mm shares.
                                                                                                                                      <bullet> $0.0010/
                                                                                                                                       share on
                                                                                                                                       remaining 285mm
                                                                                                                                       shares.
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* Incremental Fee eligible ADV.
** Incremental Fee eligible TAV.
*** Baseline non-displayed TAV.
**** Incremental non-displayed TAV.


--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                 Month 2 (22 trading days)
                 Baseline non-                       --------------------------------------------------------------------------------
                 displayed ADV       Month 1 ADV *                                              Baseline volume   Incremental volume     Month 2 fees
                                                             ADV *          Total volume **           ***                ****
--------------------------------------------------------------------------------------------------------------------------------------------------------
1...........  20mm..............  40mm..............  30mm..............  660mm.............  440mm.............  220mm.............  <bullet> $0.0010/
                                                                                                                                       share on first
                                                                                                                                       440mm shares.
                                                                                                                                      <bullet> $0.0001/
                                                                                                                                       share on
                                                                                                                                       remaining 220mm
                                                                                                                                       shares.
2...........  20mm..............  30mm..............  40mm..............  880mm.............  N/A (Month 1 ADV    N/A...............  <bullet> 0.0010/
                                                                                               did not exceed                          share on all
                                                                                               Baseline Vol. by                        880mm shares.
                                                                                               at least 20mm).
3...........  20mm..............  55mm..............  15mm..............  330mm.............  440mm.............  0 (Baseline Vol. >  <bullet> $0.0010/
                                                                                                                   Total Vol.).        share on all
                                                                                                                                       330mm shares.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Incremental Fee eligible ADV.
** Incremental Fee eligible TAV.
*** Baseline non-displayed TAV.
**** Incremental non-displayed TAV.

    Additionally, IEX proposes to remove the word ``proposed'' from the 
first bullet in the ``Incremental Fee Tier Option 2'' section of the 
Fee Schedule. This word is a holdover from the filing that proposed the 
introduction of Option 1 and Option 2 and is no longer accurate or 
relevant.
    As noted above, the Exchange is not proposing to change the fees 
applicable to executions of and with orders with an execution price 
below $1.00 per share.
2. Statutory Basis
    IEX believes that the proposed rule change is consistent with the 
provisions of Section 6(b) \22\ of the Act in general and furthers the 
objectives of Sections 6(b)(4) \23\ of the Act, in particular, in that 
it is designed to not be unfairly discriminatory and 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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    \22\ 15 U.S.C. 78f.
    \23\ 15 U.S.C. 78f(b)(4).
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    First, IEX believes that this proposal provides for the reasonable 
and equitable allocation of reasonable fees among its Members and is 
not designed to be unfairly discriminatory because its proposal to 
increase the threshold volume Members must satisfy to qualify for 
Incremental Fee Tier 2 reflects a reasonable pricing structure, made 
for business and competitive reasons in response to market volumes and 
activity on IEX. The Exchange further believes the proposed increase to 
the threshold volume requirement to qualify for Incremental Fee Tier 2 
(for Members that did not qualify for Displayed Liquidity Adding Rebate 
Tiers 8 or 9 in the prior month) will continue to incentivize Members 
to grow their non-displayed volume on the Exchange. And increased 
volume on the Exchange contributes to a deeper and more liquid market, 
which benefits all market participants and provides greater execution 
opportunities on the Exchange.
    Additionally, IEX believes that the proposed lower threshold to 
qualify for Incremental Fee Tier 2 for Members that add a substantial 
amount of displayed liquidity to the Exchange is consistent with the 
purposes of the Act. This part of the proposal, which IEX makes for 
business and competitive reasons, is designed to further incentivize 
Members to add more displayed liquidity to the Exchange, thereby 
contributing to a deeper and more liquid market, to the benefit of all 
market participants.
    Further, IEX notes that this fee proposal is reasonable, equitable, 
and not designed to permit unfair discrimination because all similarly 
situated Members will be treated the same. And IEX does not believe 
that any aspect of this proposal raises new or novel issues not already 
considered by the Commission.
    Additionally, IEX believes that the proposed updates to the 
examples in the Fee Schedule described in the Purpose section further 
the purposes of the Act

[[Page 64727]]

because they provide greater clarity and consistency to the Fee 
Schedule, thereby reducing the potential for confusion of any market 
participants. The Exchange believes that the proposed updated examples 
will provide greater clarity to Members and the public regarding the 
Exchange's Fee Schedule and are therefore consistent with the 
protection of investors and the public interest.
    Finally, the Exchange believes that the proposed change to remove 
the word ``proposed'' from the description of Option 2 in the Fee 
Schedule is consistent with the protection of investors and the public 
interest because it removes an outdated and no longer relevant term 
from the Fee Schedule, thereby making it more accurate and complete, 
which is consistent with the protection of investors and the public 
interest.
    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. Within 
that context, the proposed changes to the Incremental Fee Tier 
structure are designed to keep IEX's non-displayed trading prices 
competitive with those of other exchanges.

B. Self-Regulatory Organization's Statement on Burden on Competition

    IEX does not believe that the proposed rule change will result in 
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 intermarket 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act. The Exchange operates in a highly competitive 
market in which market participants can readily direct order flow to 
competing venues if fee schedules at other venues are viewed as more 
favorable. Consequently, the Exchange believes that the degree to which 
IEX fees could impose any burden on competition is extremely limited 
and does not believe that such fees would burden competition between 
Members or competing venues. Moreover, as noted in the Statutory Basis 
section, the Exchange does not believe that the proposed changes raise 
any new or novel issues not already considered by the Commission.
    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, while 
different fees are assessed on Members, these fees are not based on the 
type of Member entering the orders that match, but rather on the 
Member's own trading activity. Further, the proposed fee change is 
intended to encourage market participants to bring increased order flow 
to the Exchange, which benefits all market participants.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

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)(ii) \24\ of the Act.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) \25\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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#6b191e070e46080406060e051f182b180e08450c041d"><span class="__cf_email__" data-cfemail="bbc9ced7de96d8d4d6d6ded5cfc8fbc8ded895dcd4cd">[email&#160;protected]</span></a>. Please include 
file number SR-IEX-2026-40 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-IEX-2026-40. 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-IEX-2026-40 and should be submitted on 
or before October 30, 2026.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\26\
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-20710 Filed 10-8-26; 8:45 am]
BILLING CODE 8011-01-P


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