80_FR_13981 80 FR 13930 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend BOX Rule 7170 To Provide for New Procedures To Account for Erroneous Trades Occurring From Disruptions and/or Malfunctions of Exchange Systems

80 FR 13930 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend BOX Rule 7170 To Provide for New Procedures To Account for Erroneous Trades Occurring From Disruptions and/or Malfunctions of Exchange Systems

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 51 (March 17, 2015)

Page Range13930-13932
FR Document2015-06017

Federal Register, Volume 80 Issue 51 (Tuesday, March 17, 2015)
[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)]
[Notices]
[Pages 13930-13932]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06017]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74474; File No. SR-BOX-2015-15]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Amend BOX Rule 7170 To Provide for New Procedures To Account for 
Erroneous Trades Occurring From Disruptions and/or Malfunctions of 
Exchange Systems

March 11, 2015.
    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 March 2, 2015, BOX Options Exchange LLC (the ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I and II below, which Items 
have been prepared by the self-regulatory organization. The Commission 
is publishing this notice to solicit comments on the proposed rule 
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange proposes to amend BOX Rule 7170 (Obvious and 
Catastrophic Errors) to provide for new procedures to account for 
erroneous trades occurring from disruptions and/or malfunctions of 
Exchange systems. The text of the proposed rule change is available 
from the principal office of the Exchange, at the Commission's Public 
Reference Room and also on the Exchange's Internet Web site at http://boxexchange.com.

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 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend BOX Rule 7170 to provide for new 
procedures to account for erroneous trades occurring from disruptions 
and/or malfunctions of Exchange systems. This is a competitive filing 
that is based on the rules of NYSE MKT LLC (``NYSE MKT'').\3\
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    \3\ See NYSE MKT Rule 975NY. The proposed rule change is also 
substantially similar to NYSE Arca, Inc. (``NYSE Arca'') Rule 6.89, 
Chicago Board Options Exchange, Inc. (``CBOE'') Rule 6.25 and is 
similar to NASDAQ OMX PHLX, LLC (``Phlx'') Rule 1092(c)(ii)(A).
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    Proposed new Rule 7170(m) would provide that any transactions that 
arise

[[Page 13931]]

out of a ``verifiable systems disruption or malfunction'' in the use or 
operation of an Exchange automated quotation, dissemination, execution, 
or communication system may either be nullified or adjusted by the 
Exchange. In addition, the proposed rule would provide that 
transactions that qualify for price adjustment will be adjusted to a 
Theoretical Price, as defined in paragraph (d) of Rule 7170. The 
Exchange notes that proposed Rule 7170(m) is virtually identical to 
NYSE MKT Rule 975NY(a)(9) and similar to rules in effect at other 
options exchanges that allow for the nullification or modification of 
transactions that resulted from verifiable disruptions and/or 
malfunctions of Exchanges [sic] systems.\4\
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    \4\ Id.
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    The proposed rule change would provide the Exchange with the same 
authority to nullify or adjust trades in the event of a ``verifiable 
disruption or malfunction'' in the use or operation of its systems as 
other exchanges have. The Exchange believes that it is appropriate to 
provide the flexibility and authority provided for in proposed Rule 
7170(m) so as not to limit the Exchange's ability to plan for and 
respond to unforeseen systems problems or malfunctions. For this 
reason, the Exchange believes that, in the interest of maintaining a 
fair and orderly market and for the protection of investors, authority 
to nullify trades in these circumstances, consistent with the authority 
on other exchanges, is warranted.
    The Exchange further proposes that, similar to NYSE MKT Rule 
975NY(b)(3), the Exchange may, on its own motion, review any 
transaction occurring on the Exchange that is believed to be a result 
of a verifiable disruption or malfunction of Exchange systems. The 
Exchange, when determining whether to review a transaction on its own 
motion pursuant to proposed Rule 7170(m), shall act as soon as possible 
after receiving notification of the transaction, and ordinarily would 
be expected to act on the same day as the transaction occurred. In no 
event shall the Exchange act later than 9:30 a.m. (ET) on the next 
trading day following the date of the transaction in question. The 
Exchange further notes that when acting under its own motion to nullify 
or adjust trades pursuant to proposed Rule 7170(m), the Exchange must 
consider whether taking such action would be in the interest of 
maintaining a fair and orderly market and for the protection of 
investors.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of Section 6(b) of the Securities Exchange Act of 1934 
(the ``Act''),\5\ in general, and Section 6(b)(5) of the Act,\6\ in 
particular, in that it is 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 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.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change would remove 
impediments to and perfect the mechanism of a free and open market and 
national market system and promote a fair and orderly market because it 
would provide authority for the Exchange to nullify or adjust trades 
that may have resulted from a verifiable systems disruption or 
malfunction. The Exchange believes that it is appropriate to provide 
the flexibility and authority provided for in proposed Rule 7170(m) so 
as not to limit the Exchange's ability to plan for and respond to 
unforeseen systems problems or malfunctions that may result in harm to 
the public. Allowing for the nullification or modification of 
transactions that result from verifiable disruptions and/or 
malfunctions of Exchange systems will offer market participants on the 
Exchange a level of relief presently not available. The Exchange 
further notes that when acting under its own motion to nullify or 
adjust trades pursuant to proposed Rule 7170(m), the Exchange must 
consider whether taking such action would be in the interest of 
maintaining a fair and orderly market and for the protection of 
investors. The Exchange notes that the proposed rule change is based on 
the rules of NYSE MKT and is similar to the rules of other markets.\7\
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    \7\ See supra, note 3.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change would 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. Rather, the Exchange 
believes that the proposed rule change is pro-competitive because it 
will better align the Exchange's rules with the rules of other markets, 
including NYSE MKT, CBOE, NYSE Arca, and Phlx. By adopting proposed 
Rule 7170(m), the Exchange will be in a position to treat transactions 
that are a result of a verifiable systems issue or malfunction in a 
manner similar to other exchanges.

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

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

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

    Because the 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 if consistent with the protection of investors 
and the public interest, the proposed rule change has become effective 
pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6)(iii) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of 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.
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    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 (http://www.sec.gov/rules/sro.shtml); or

[[Page 13932]]

     Send an email to [email protected]. Please include 
File Number SR-BOX-2015-15 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-BOX-2015-15. 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 Web site (http://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 Web site 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 such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BOX-2015-15, and should be 
submitted on or before April 7, 2015.

    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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Brent J. Fields,
Secretary.
[FR Doc. 2015-06017 Filed 3-16-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  13930                         Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Notices

                                                  competitive with other exchanges. For                   file number should be included on the                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  the reasons described above, the                        subject line if email is used.                         notice is hereby given that on March 2,
                                                  Exchange believes that the proposed                        To help the Commission process and                  2015, BOX Options Exchange LLC (the
                                                  rule change reflects this competitive                   review your comments more efficiently,                 ‘‘Exchange’’) filed with the Securities
                                                  environment.                                            please use only one method. The                        and Exchange Commission
                                                                                                          Commission will post all comments on                   (‘‘Commission’’) the proposed rule
                                                  C. Self-Regulatory Organization’s                                                                              change as described in Items I and II
                                                  Statement on Comments on the                            the Commission’s Internet Web site
                                                                                                          (http://www.sec.gov/rules/sro.shtml).                  below, which Items have been prepared
                                                  Proposed Rule Change Received From                                                                             by the self-regulatory organization. The
                                                  Members, Participants, or Others                        Copies of the submission, all subsequent
                                                                                                          amendments, all written statements                     Commission is publishing this notice to
                                                    No written comments were solicited                    with respect to the proposed rule                      solicit comments on the proposed rule
                                                  or received with respect to the proposed                change that are filed with the                         change from interested persons.
                                                  rule change.                                            Commission, and all written                            I. Self-Regulatory Organization’s
                                                  III. Date of Effectiveness of the                       communications relating to the                         Statement of the Terms of the Substance
                                                  Proposed Rule Change and Timing for                     proposed rule change between the                       of the Proposed Rule Change
                                                  Commission Action                                       Commission and any person, other than
                                                                                                          those that may be withheld from the                       The Exchange proposes to amend
                                                     The foregoing rule change is effective               public in accordance with the                          BOX Rule 7170 (Obvious and
                                                  upon filing pursuant to Section                         provisions of 5 U.S.C. 552, will be                    Catastrophic Errors) to provide for new
                                                  19(b)(3)(A) 7 of the Act and                            available for Web site viewing and                     procedures to account for erroneous
                                                  subparagraph (f)(2) of Rule 19b–4 8                     printing in the Commission’s Public                    trades occurring from disruptions and/
                                                  thereunder, because it establishes a due,               Reference Room, 100 F Street NE.,                      or malfunctions of Exchange systems.
                                                  fee, or other charge imposed by the                                                                            The text of the proposed rule change is
                                                                                                          Washington, DC 20549, on official
                                                  Exchange.                                                                                                      available from the principal office of the
                                                                                                          business days between the hours of
                                                     At any time within 60 days of the                                                                           Exchange, at the Commission’s Public
                                                                                                          10:00 a.m. and 3:00 p.m. Copies of the
                                                  filing of such proposed rule change, the                                                                       Reference Room and also on the
                                                                                                          filing will also be available for
                                                  Commission summarily may                                                                                       Exchange’s Internet Web site at http://
                                                                                                          inspection and copying at the NYSE’s
                                                  temporarily suspend such rule change if                                                                        boxexchange.com.
                                                                                                          principal office and on its Internet Web
                                                  it appears to the Commission that such                  site at www.nyse.com. All comments                     II. Self-Regulatory Organization’s
                                                  action is necessary or appropriate in the               received will be posted without change;                Statement of the Purpose of, and
                                                  public interest, for the protection of                  the Commission does not edit personal                  Statutory Basis for, the Proposed Rule
                                                  investors, or otherwise in furtherance of               identifying information from                           Change
                                                  the purposes of the Act. If the                         submissions. You should submit only
                                                  Commission takes such action, the                                                                                 In its filing with the Commission, the
                                                                                                          information that you wish to make                      self-regulatory organization included
                                                  Commission shall institute proceedings                  available publicly. All submissions
                                                  under Section 19(b)(2)(B) 9 of the Act to                                                                      statements concerning the purpose of,
                                                                                                          should refer to File Number SR–                        and basis for, the proposed rule change
                                                  determine whether the proposed rule                     NYSEMKT–2015–12, and should be
                                                  change should be approved or                                                                                   and discussed any comments it received
                                                                                                          submitted on or before April 7, 2015.                  on the proposed rule change. The text
                                                  disapproved.
                                                                                                            For the Commission, by the Division of               of these statements may be examined at
                                                  IV. Solicitation of Comments                            Trading and Markets, pursuant to delegated             the places specified in Item IV below.
                                                    Interested persons are invited to                     authority.10                                           The self-regulatory organization has
                                                  submit written data, views, and                         Brent J. Fields,                                       prepared summaries, set forth in
                                                  arguments concerning the foregoing,                     Secretary.                                             Sections A, B, and C below, of the most
                                                  including whether the proposed rule                     [FR Doc. 2015–06016 Filed 3–16–15; 8:45 am]            significant aspects of such statements.
                                                  change is consistent with the Act.                      BILLING CODE 8011–01–P                                 A. Self-Regulatory Organization’s
                                                  Comments may be submitted by any of                                                                            Statement of the Purpose of, and
                                                  the following methods:                                                                                         Statutory Basis for, the Proposed Rule
                                                                                                          SECURITIES AND EXCHANGE                                Change
                                                  Electronic Comments                                     COMMISSION
                                                    • Use the Commission’s Internet                                                                              1. Purpose
                                                  comment form (http://www.sec.gov/                       [Release No. 34–74474; File No. SR–BOX–                   The Exchange proposes to amend
                                                  rules/sro.shtml); or                                    2015–15]                                               BOX Rule 7170 to provide for new
                                                    • Send an email to rule-                                                                                     procedures to account for erroneous
                                                  comments@sec.gov. Please include File                   Self-Regulatory Organizations; BOX                     trades occurring from disruptions and/
                                                  Number SR–NYSEMKT–2015–12 on the                        Options Exchange LLC; Notice of                        or malfunctions of Exchange systems.
                                                  subject line.                                           Filing and Immediate Effectiveness of                  This is a competitive filing that is based
                                                                                                          a Proposed Rule Change To Amend                        on the rules of NYSE MKT LLC (‘‘NYSE
                                                  Paper Comments                                          BOX Rule 7170 To Provide for New                       MKT’’).3
                                                    • Send paper comments in triplicate                   Procedures To Account for Erroneous                       Proposed new Rule 7170(m) would
                                                  to Secretary, Securities and Exchange                   Trades Occurring From Disruptions                      provide that any transactions that arise
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Commission, 100 F Street NE.,                           and/or Malfunctions of Exchange
                                                  Washington, DC 20549–1090.                              Systems                                                  1 15  U.S.C. 78s(b)(1).
                                                                                                                                                                   2 17  CFR 240.19b–4.
                                                  All submissions should refer to File
                                                                                                          March 11, 2015.                                          3 See NYSE MKT Rule 975NY. The proposed rule
                                                  Number SR–NYSEMKT–2015–12. This
                                                                                                            Pursuant to Section 19(b)(1) of the                  change is also substantially similar to NYSE Arca,
                                                                                                          Securities Exchange Act of 1934 (the                   Inc. (‘‘NYSE Arca’’) Rule 6.89, Chicago Board
                                                    7 15 U.S.C. 78s(b)(3)(A).                                                                                    Options Exchange, Inc. (‘‘CBOE’’) Rule 6.25 and is
                                                    8 17 CFR 240.19b–4(f)(2).                                                                                    similar to NASDAQ OMX PHLX, LLC (‘‘Phlx’’) Rule
                                                    9 15 U.S.C. 78s(b)(2)(B).                               10 17   CFR 200.30–3(a)(12).                         1092(c)(ii)(A).



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                                                                                Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Notices                                                      13931

                                                  out of a ‘‘verifiable systems disruption                2. Statutory Basis                                    including NYSE MKT, CBOE, NYSE
                                                  or malfunction’’ in the use or operation                   The Exchange believes that the                     Arca, and Phlx. By adopting proposed
                                                  of an Exchange automated quotation,                     proposal is consistent with the                       Rule 7170(m), the Exchange will be in
                                                  dissemination, execution, or                            requirements of Section 6(b) of the                   a position to treat transactions that are
                                                  communication system may either be                      Securities Exchange Act of 1934 (the                  a result of a verifiable systems issue or
                                                  nullified or adjusted by the Exchange. In               ‘‘Act’’),5 in general, and Section 6(b)(5)            malfunction in a manner similar to
                                                  addition, the proposed rule would                       of the Act,6 in particular, in that it is             other exchanges.
                                                  provide that transactions that qualify for              designed to prevent fraudulent and                    C. Self-Regulatory Organization’s
                                                  price adjustment will be adjusted to a                  manipulative acts and practices, to                   Statement on Comments on the
                                                  Theoretical Price, as defined in                        promote just and equitable principles of              Proposed Rule Change Received From
                                                  paragraph (d) of Rule 7170. The                         trade, to foster cooperation and                      Members, Participants, or Others
                                                  Exchange notes that proposed Rule                       coordination with persons engaged in
                                                                                                          facilitating transactions in securities, to             The Exchange has neither solicited
                                                  7170(m) is virtually identical to NYSE
                                                                                                          remove impediments to and perfect the                 nor received comments on the proposed
                                                  MKT Rule 975NY(a)(9) and similar to
                                                                                                          mechanism of a free and open market                   rule change.
                                                  rules in effect at other options
                                                  exchanges that allow for the                            and a national market system, and, in                 III. Date of Effectiveness of the
                                                  nullification or modification of                        general to protect investors and the                  Proposed Rule Change and Timing for
                                                  transactions that resulted from verifiable              public interest.                                      Commission Action
                                                                                                             The Exchange believes that the
                                                  disruptions and/or malfunctions of                                                                               Because the proposed rule change
                                                                                                          proposed rule change would remove
                                                  Exchanges [sic] systems.4                                                                                     does not (i) significantly affect the
                                                                                                          impediments to and perfect the
                                                     The proposed rule change would                       mechanism of a free and open market                   protection of investors or the public
                                                  provide the Exchange with the same                      and national market system and                        interest; (ii) impose any significant
                                                  authority to nullify or adjust trades in                promote a fair and orderly market                     burden on competition; and (iii) become
                                                  the event of a ‘‘verifiable disruption or               because it would provide authority for                operative for 30 days from the date on
                                                  malfunction’’ in the use or operation of                the Exchange to nullify or adjust trades              which it was filed, or such shorter time
                                                  its systems as other exchanges have. The                that may have resulted from a verifiable              as the Commission may designate if
                                                  Exchange believes that it is appropriate                systems disruption or malfunction. The                consistent with the protection of
                                                  to provide the flexibility and authority                Exchange believes that it is appropriate              investors and the public interest, the
                                                  provided for in proposed Rule 7170(m)                   to provide the flexibility and authority              proposed rule change has become
                                                  so as not to limit the Exchange’s ability               provided for in proposed Rule 7170(m)                 effective pursuant to Section 19(b)(3)(A)
                                                  to plan for and respond to unforeseen                   so as not to limit the Exchange’s ability             of the Act 8 and Rule 19b-4(f)(6)(iii)
                                                  systems problems or malfunctions. For                   to plan for and respond to unforeseen                 thereunder.9
                                                  this reason, the Exchange believes that,                systems problems or malfunctions that                    At any time within 60 days of the
                                                  in the interest of maintaining a fair and               may result in harm to the public.                     filing of the proposed rule change, the
                                                  orderly market and for the protection of                Allowing for the nullification or                     Commission summarily may
                                                  investors, authority to nullify trades in               modification of transactions that result              temporarily suspend such rule change if
                                                                                                          from verifiable disruptions and/or                    it appears to the Commission that such
                                                  these circumstances, consistent with the
                                                                                                          malfunctions of Exchange systems will                 action is necessary or appropriate in the
                                                  authority on other exchanges, is
                                                                                                          offer market participants on the                      public interest, for the protection of
                                                  warranted.
                                                                                                          Exchange a level of relief presently not              investors, or otherwise in furtherance of
                                                     The Exchange further proposes that,                  available. The Exchange further notes                 the purposes of the Act. If the
                                                  similar to NYSE MKT Rule 975NY(b)(3),                   that when acting under its own motion                 Commission takes such action, the
                                                  the Exchange may, on its own motion,                    to nullify or adjust trades pursuant to               Commission shall institute proceedings
                                                  review any transaction occurring on the                 proposed Rule 7170(m), the Exchange                   to determine whether the proposed rule
                                                  Exchange that is believed to be a result                must consider whether taking such                     should be approved or disapproved.
                                                  of a verifiable disruption or malfunction               action would be in the interest of
                                                  of Exchange systems. The Exchange,                                                                            IV. Solicitation of Comments
                                                                                                          maintaining a fair and orderly market
                                                  when determining whether to review a                    and for the protection of investors. The                Interested persons are invited to
                                                  transaction on its own motion pursuant                  Exchange notes that the proposed rule                 submit written data, views, and
                                                  to proposed Rule 7170(m), shall act as                  change is based on the rules of NYSE                  arguments concerning the foregoing,
                                                  soon as possible after receiving                        MKT and is similar to the rules of other              including whether the proposed rule
                                                  notification of the transaction, and                    markets.7                                             change is consistent with the Act.
                                                  ordinarily would be expected to act on                                                                        Comments may be submitted by any of
                                                                                                          B. Self-Regulatory Organization’s
                                                  the same day as the transaction                                                                               the following methods:
                                                                                                          Statement on Burden on Competition
                                                  occurred. In no event shall the Exchange                                                                      Electronic Comments
                                                  act later than 9:30 a.m. (ET) on the next                  The Exchange does not believe that
                                                  trading day following the date of the                   the proposed rule change would impose                   • Use the Commission’s Internet
                                                  transaction in question. The Exchange                   any burden on competition that is not                 comment form (http://www.sec.gov/
                                                                                                          necessary or appropriate in furtherance               rules/sro.shtml); or
                                                  further notes that when acting under its
                                                                                                          of the purposes of the Act. Rather, the
                                                  own motion to nullify or adjust trades
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          Exchange believes that the proposed                     8 15  U.S.C. 78s(b)(3)(A).
                                                  pursuant to proposed Rule 7170(m), the
                                                                                                          rule change is pro-competitive because                  9 17  CFR 240.19b–4(f)(6)(iii). As required under
                                                  Exchange must consider whether taking                   it will better align the Exchange’s rules             Rule 19b–4(f)(6)(iii), the Exchange provided the
                                                  such action would be in the interest of                 with the rules of other markets,                      Commission with written notice of its intent to file
                                                  maintaining a fair and orderly market                                                                         the proposed rule change, along with a brief
                                                  and for the protection of investors.                                                                          description and the text of the proposed rule
                                                                                                            5 15 U.S.C. 78f(b).                                 change, at least five business days prior to the date
                                                                                                            6 15 U.S.C. 78f(b)(5).                              of filing of the proposed rule change, or such
                                                    4 Id.                                                   7 See supra, note 3.                                shorter time as designated by the Commission.



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                                                  13932                            Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Notices

                                                    • Send an email to rule-comments@                       SECURITIES AND EXCHANGE                                 A. Self-Regulatory Organization’s
                                                  sec.gov. Please include File Number SR–                   COMMISSION                                              Statement of the Purpose of, and
                                                  BOX–2015–15 on the subject line.                                                                                  Statutory Basis for, the Proposed Rule
                                                                                                            [Release No. 34–74477; File No. SR–BOX–                 Change
                                                  Paper Comments
                                                                                                            2015–14]                                                1. Purpose
                                                    • Send paper comments in triplicate                                                                                The Exchange is a limited liability
                                                  to Brent J. Fields, Secretary, Securities                 Self-Regulatory Organizations; BOX
                                                                                                                                                                    company, organized under the laws of
                                                  and Exchange Commission, 100 F Street                     Options Exchange LLC; Notice of
                                                                                                                                                                    the State of Delaware on August 26,
                                                  NE., Washington, DC 20549–1090.                           Filing and Immediate Effectiveness of                   2010. The Exchange’s charter is a
                                                                                                            a Proposed Rule Change Regarding                        Limited Liability Company Agreement,
                                                  All submissions should refer to File                      the Transfer of Ownership Interest in
                                                  Number SR–BOX–2015–15. This file                                                                                  dated as of May 10, 2012 (the ‘‘Exchange
                                                                                                            the Exchange                                            LLC Agreement’’). SI became a Member
                                                  number should be included on the
                                                  subject line if email is used. To help the                March 11, 2015.
                                                                                                                                                                    of the Exchange on May 10, 2012.
                                                                                                                                                                       BOX Holdings is a limited liability
                                                  Commission process and review your                           Pursuant to Section 19(b)(1) of the                  company, organized under the laws of
                                                  comments more efficiently, please use                     Securities Exchange Act of 1934                         the State of Delaware on August 26,
                                                  only one method. The Commission will                      (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 2010. BOX Holdings is the sole owner
                                                  post all comments on the Commission’s                     notice is hereby given that on February                 of BOX Market LLC, a facility of the
                                                  Internet Web site (http://www.sec.gov/                    26, 2015, BOX Options Exchange LLC                      Exchange (‘‘BOX Market’’). The BOX
                                                  rules/sro.shtml). Copies of the                           (the ‘‘Exchange’’) filed with the                       Holdings charter is a Limited Liability
                                                  submission, all subsequent                                Securities and Exchange Commission                      Company Agreement, dated as of May
                                                  amendments, all written statements                        (‘‘Commission’’) the proposed rule                      10, 2012 (the ‘‘Holdings LLC
                                                  with respect to the proposed rule                         change as described in Items I and II                   Agreement’’). SI became a Member of
                                                  change that are filed with the                            below, which Items have been prepared                   BOX Holdings on May 10, 2012. 6,445
                                                  Commission, and all written                               by the self-regulatory organization. The                Economic Units and 4,990 Voting Units
                                                  communications relating to the                                                                                    represent SI’s ownership interest in the
                                                                                                            Commission is publishing this notice to
                                                  proposed rule change between the                                                                                  Exchange, comprising 6.455% of all
                                                                                                            solicit comments on the proposed rule
                                                  Commission and any person, other than                                                                             outstanding interests and 4.99% of all
                                                                                                            from interested persons.                                outstanding voting interests of the
                                                  those that may be withheld from the
                                                  public in accordance with the                             I. Self-Regulatory Organization’s                       Exchange, respectively (the ‘‘Exchange
                                                  provisions of 5 U.S.C. 552, will be                       Statement of the Terms of Substance of                  Units’’). 500 Class A Units represent SI’s
                                                  available for Web site viewing and                        the Proposed Rule Change                                ownership interest in BOX Holdings,
                                                                                                                                                                    comprising 4.203% of all outstanding
                                                  printing in the Commission’s Public
                                                                                                               The Exchange proposes to repurchase                  ownership interests of BOX Holdings
                                                  Reference Room, 100 F Street NE.,
                                                                                                            the ownership interest in the Exchange                  (the ‘‘Holdings Units’’ and, together
                                                  Washington, DC 20549 on official                                                                                  with the Exchange Units, the ‘‘SI
                                                                                                            held by Strategic Investments II Inc.
                                                  business days between the hours of                                                                                Units’’).
                                                                                                            (‘‘SI’’) and BOX Holdings Group LLC, an
                                                  10:00 a.m. and 3:00 p.m. Copies of such                                                                              Each of the Exchange and BOX
                                                                                                            affiliate of the Exchange (‘‘BOX
                                                  filing also will be available for                                                                                 Holdings has agreed with SI to purchase
                                                                                                            Holdings’’), proposes to repurchase the
                                                  inspection and copying at the principal                                                                           the SI Units. Accordingly, it is proposed
                                                                                                            ownership interest in BOX Holdings
                                                  office of the Exchange. All comments                                                                              that SI transfer all of the Exchange Units
                                                                                                            held by SI. The text of the proposed rule
                                                  received will be posted without change;                                                                           to the Exchange and all of the Holdings
                                                                                                            change is available from the principal
                                                  the Commission does not edit personal                                                                             Units to BOX Holdings (the ‘‘Transfer’’).
                                                                                                            office of the Exchange, at the
                                                  identifying information from                                                                                      After the Transfer, the SI Units will no
                                                                                                            Commission’s Public Reference Room                      longer be outstanding, references to SI
                                                  submissions. You should submit only
                                                                                                            and also on the Exchange’s Internet Web                 in each of the Exchange LLC Agreement
                                                  information that you wish to make
                                                                                                            site at http://boxexchange.com.                         and the Holdings LLC Agreement will
                                                  available publicly. All submissions
                                                  should refer to File Number SR–BOX–                       II. Self-Regulatory Organization’s                      be removed, and SI will have no
                                                  2015–15, and should be submitted on or                    Statement of the Purpose of, and                        remaining rights under the Exchange
                                                  before April 7, 2015.                                     Statutory Basis for, the Proposed Rule                  LLC Agreement or the Holdings LLC
                                                                                                            Change                                                  Agreement.
                                                    For the Commission, by the Division of                                                                             As provided in Section 7.3(f) of the
                                                  Trading and Markets, pursuant to delegated                                                                        Exchange LLC Agreement, ‘‘no Person,
                                                                                                              In its filing with the Commission, the
                                                  authority.10                                                                                                      alone or together with any Related
                                                                                                            self-regulatory organization included
                                                  Brent J. Fields,                                          statements concerning the purpose of,                   Persons, shall own, directly or
                                                  Secretary.                                                and basis for, the proposed rule change                 indirectly, of record or beneficially, an
                                                  [FR Doc. 2015–06017 Filed 3–16–15; 8:45 am]               and discussed any comments it received                  aggregate Economic Percentage Interest
                                                  BILLING CODE 8011–01–P                                    on the proposed rule change. The text                   greater than 40% (or 20% if such Person
                                                                                                            of these statements may be examined at                  is a BOX Options Participant) (the
                                                                                                            the places specified in Item IV below.                  ‘‘Economic Ownership Limit’’).’’
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                    Accordingly, because the total number
                                                                                                            The self-regulatory organization has
                                                                                                                                                                    of outstanding Economic Units of the
                                                                                                            prepared summaries, set forth in
                                                                                                                                                                    Exchange are reduced in the Transfer,
                                                                                                            Sections A, B, and C below, of the most
                                                                                                                                                                    outstanding Economic Units held by
                                                                                                            significant aspects of such statements.                 any remaining Members of the Exchange
                                                                                                                                                                    will be cancelled to the extent necessary
                                                                                                              1 15   U.S.C. 78s(b)(1).                              to ensure compliance with the
                                                    10 17   CFR 200.30–3(a)(12).                              2 17   CFR 240.19b–4.                                 Economic Ownership Limit.


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Document Created: 2015-12-18 12:01:46
Document Modified: 2015-12-18 12:01:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 13930 

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