80_FR_17183 80 FR 17122 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Clarify Certain Statements Made in SR-BOX-2015-03, a Proposed Rule Change Filed by the Exchange on January 9, 2015

80 FR 17122 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Clarify Certain Statements Made in SR-BOX-2015-03, a Proposed Rule Change Filed by the Exchange on January 9, 2015

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 61 (March 31, 2015)

Page Range17122-17124
FR Document2015-07257

Federal Register, Volume 80 Issue 61 (Tuesday, March 31, 2015)
[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Notices]
[Pages 17122-17124]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07257]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74576; File No. SR-BOX-2015-16]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Clarify Certain Statements Made in SR-BOX-2015-03, a Proposed Rule 
Change Filed by the Exchange on January 9, 2015

March 25, 2015.
    Pursuant to Section 19(b)(1) under the Securities Exchange Act of 
1934 (the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby 
given that on March 16, 2015, BOX Options Exchange LLC (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 Exchange. The 
Exchange filed the proposed rule change pursuant to Section 
19(b)(3)(A)(ii) of the Act,\3\ and Rule 19b-4(f)(2) thereunder,\4\ 
which renders the proposal effective upon filing with the Commission. 
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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange is filing with the Securities and Exchange Commission 
(``Commission'') a proposed rule change to clarify certain statements 
made in SR-BOX-2015-03, a rule change filed by the Exchange on January 
9, 2015, to implement an equity rights program (the ``VPR Filing''). 
There are no proposed changes to any rule text.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
Sections A, B, and C below, of the most significant aspects of such 
statements.

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

1. Purpose
    On January 9, 2015, the Exchange filed the VPR Filing to implement 
an equity rights program (the ``VPR Program'').\5\ As provided on page 
4 of 49 of the VPR Filing, Subscribers in the VPR Program have the 
right to acquire equity in, and receive distributions from, BOX 
Holdings Group LLC (``Holdings''), an affiliate of the Exchange, in 
exchange for the achievement of certain order flow volume commitment 
thresholds on the Exchange over a period of five (5) years (and a 
nominal initial cash payment). Specifically, each Volume Performance 
Right (``VPR'') issued to Subscribers under the VPR Program includes an 
average daily transaction volume commitment (``VPR Volume Commitment'') 
with respect to Qualifying Contract Equivalents (as defined on page 6 
of 49 of the VPR Filing) equal to 0.0055% of the Industry ADV \6\ for a 
total of five (5) years.\7\ The calculation of a Contract Equivalent 
depends on the type of account that sends the order flow to BOX, each 
of which has a predetermined ratio assigned to it under the Program: 
Public Customer (0.71), Market Maker (1.10), Broker/Dealer (1.35) and 
Professional Customer (1.35). This predetermined ratio is then 
multiplied by the quantity of options contracts executed by the 
Subscriber on BOX for the Subscriber's own or customer account over a 
certain period to determine the number of Contract Equivalents 
attributed to the Subscriber for that period.
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    \5\ See SR-BOX-2015-03. As noted in the VPR Filing, certain 
aspects of the Program require changes to the company governance 
documents, including the acquisition of equity ownership and any 
right related to such ownership, are contingent upon Commission 
approval of a separate company governance proposed rule change, 
which has yet to be filed.
    \6\ The Industry ADV for a period is calculated by multiplying 
(i) two (2) times (ii) the quotient of (A) the aggregate number of 
cleared U.S. options transactions executed on a U.S. national 
exchange or facility thereof in U.S. listed securities on trading 
days during the period, as reported by the Options Clearing 
Corporation (``OCC''), divided by (B) the number of trading days 
during the period. A ``trading day'' is generally any day on which 
the BOX market is open for business, subject to certain 
qualifications to be defined in the Members Agreement. Certain 
industry transactions are excluded from the calculation of Industry 
ADV as described on pages 9--10 of 49 of the VPR Filing.
    \7\ Each VPR also includes 8.5 unvested new Class C Membership 
Units of Holdings. See page 5 of 49 of the VPR Filing.
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    In describing how Contract Equivalents are calculated in the VPR 
Filing, the Exchange inadvertently used the term ``orders'' to describe 
the option contracts executed by the Subscriber. Specifically, on pages 
5 and 20-21 of 49 of the VPR Filing, the Exchange explained that the 
Contract Equivalent calculation for each of the four categories of 
account types would be based on the quantity of orders executed, 
multiplied by the predetermined ratio assigned to each category. 
However, this description was intended to convey that, in calculating 
the Contract Equivalent for each of the four categories of account 
types under the Program, the Exchange measures the number of contracts 
executed, and then multiples the executed contracts by the 
predetermined ratio for the appropriate category. Accordingly, if a 
Subscriber were to send a single order of 1,000 option contracts to the 
Exchange, and all 1,000 option contracts are executed on BOX (assuming 
none are Excluded Member Contracts, as defined on pages 9-10 of the VPR 
Filing), then the number of Contract Equivalents for that Subscriber 
would be calculated by multiplying the 1,000 contracts (not the single 
order) by the predetermined ratio for the appropriate account type.
    Furthermore, in describing how the Contract Equivalent ratio was 
determined for each of the four account type categories under the 
Program, the Exchange noted, on pages 6, 16, and 20-

[[Page 17123]]

21 of 49 of the VPR Filing, that the ratios are weighted in accordance 
with the Exchange's Fee Schedule, such that those account types that 
are charged higher fees by the Exchange have Contract Equivalent ratios 
that are weighted more heavily. While the Exchange believes the 
operating principles of the VPR Program are evident from the VPR 
Filing, we understand the description of the weight assigned to each 
predetermined Contract Equivalent ratio may be confusing, and seek to 
clarify it. Specifically, the Contract Equivalent ratios assigned to 
each of the four account types escalate in accordance with the fees 
charged to the same four account types in the Exchange's Fee Schedule. 
Thus, the categories for which the Exchange earns the highest fees for 
any executed contract (Broker/Dealer and Professional Customer) also 
have the highest Contract Equivalent ratio, and vice versa. Having a 
higher Contract Equivalent ratio requires additional contracts to be 
executed to achieve the number of Qualifying Contract Equivalents 
required to meet the Subscriber's VPR Volume Commitment. Put another 
way, having a lower Contract Equivalent ratio allows a Subscriber to 
reach their VPR Volume Commitment faster as compared to submitting 
contracts with a higher Contract Equivalent ratio. Accordingly, a 
Subscriber executing contracts for the Broker/Dealer and Professional 
Customer account types will take longer to reach their VPR Volume 
Commitment as compared to executing contracts for the Market Maker and 
Public Customer account types, in that more executions will be required 
to achieve the VPR Volume Commitment because it takes 1.35 Broker/
Dealer or Professional Customer executed contracts to equal one (1) 
Qualifying Contract Equivalent. In contrast, a Subscriber executing 
contracts for the Public Customer account type, for which the Exchange 
earns the lowest fees, will reach their VPR Volume Commitment faster as 
compared to executing contracts for the Market Maker, Professional 
Customer and Broker/Dealer account types, in that less contracts will 
need to be executed on behalf of Public Customer accounts than any 
other type of account in order to meet the VPR Volume Commitment 
because it only takes .71 Public Customer executed contracts to equal 
one (1) Qualifying Contract Equivalent. For example if a Subscriber is 
trying to reach 1000 Qualifying Contract Equivalents it would only take 
710 executed Public Customer contracts (1000*0.71 = 710) or 1350 
executed Broker/Dealer contracts (1000*1.35 = 1350) to reach the 1000 
Qualifying Contract Equivalents. This example illustrates how a 
Subscriber can reach their VPR Volume Commitment faster and through 
fewer transactions by executing Public Customer contracts as compared 
to executing Broker/Dealer contracts.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of Section 6(b) of the Act, in general, and Section 
6(b)(4) and 6(b)(5)of the Act,\8\ in particular, in that it provides 
for the equitable allocation of reasonable dues, fees, and other 
charges among BOX Participants and other persons using its facilities 
and does not unfairly discriminate between customers, issuers, brokers 
or dealers. In particular, the proposed rule change is reasonable, 
equitable and not unfairly discriminatory because it proposes to 
clarify aspects of the VPR Filing, thereby helping ensure that 
investors and current Subscribers to the VPR Program clearly understand 
how the VPR Program operates. In addition, because the first quarter of 
the VPR Program has not yet completed as of the time of filing this 
proposed rule change, no Quarterly Volume Commitment (as defined on 
page 30 of 49 of the VPR Filing) calculations have been made under the 
Program for any Subscribers. Accordingly, this proposed rule filing 
should provide current Subscribers will sufficient time to resolve any 
potential confusion that stemmed from the description of the VPR 
Program and, specifically, the Contract Equivalent calculation and 
Contract Equivalent ratios, in the VPR Filing before the first 
Quarterly Volume Commitment under the Program is calculated for 
Subscribers.
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    \8\ 15 U.S.C. 78f(b)(4) and (5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange believes that 
the proposed rule change will improve competition by clarifying certain 
aspects of the VPR Filing for all market participants.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Exchange Act \9\ and Rule 19b-4(f)(2) 
thereunder,\10\ because it establishes or changes a due, or fee.
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    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend the rule 
change if it appears to the Commission that the action is necessary or 
appropriate in the public interest, for the protection of investors, or 
would otherwise further 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
     Send an email to [email protected]. Please include 
File Number SR-BOX-2015-16 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BOX-2015-16. 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

[[Page 17124]]

printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; 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-2015-16 and should be 
submitted on or before April 21, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-07257 Filed 3-30-15; 8:45 am]
BILLING CODE 8011-01-P



                                                    17122                             Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Notices

                                                      An agency may not conduct or                           solicit comments on the proposed rule                 ADV 6 for a total of five (5) years.7 The
                                                    sponsor, and a person is not required to                 change from interested persons.                       calculation of a Contract Equivalent
                                                    respond to, a collection of information                                                                        depends on the type of account that
                                                                                                             I. Self-Regulatory Organization’s
                                                    unless it displays a currently valid                                                                           sends the order flow to BOX, each of
                                                                                                             Statement of the Terms of the Substance
                                                    control number.                                                                                                which has a predetermined ratio
                                                                                                             of the Proposed Rule Change
                                                      The public may view the background                                                                           assigned to it under the Program: Public
                                                    documentation for this information                          The Exchange is filing with the                    Customer (0.71), Market Maker (1.10),
                                                    collection at the following Web site,                    Securities and Exchange Commission                    Broker/Dealer (1.35) and Professional
                                                    www.reginfo.gov . Comments should be                     (‘‘Commission’’) a proposed rule change               Customer (1.35). This predetermined
                                                    directed to: (i) Desk Officer for the                    to clarify certain statements made in                 ratio is then multiplied by the quantity
                                                    Securities and Exchange Commission,                      SR–BOX–2015–03, a rule change filed                   of options contracts executed by the
                                                    Office of Information and Regulatory                     by the Exchange on January 9, 2015, to                Subscriber on BOX for the Subscriber’s
                                                    Affairs, Office of Management and                        implement an equity rights program (the               own or customer account over a certain
                                                    Budget, Room 10102, New Executive                        ‘‘VPR Filing’’). There are no proposed                period to determine the number of
                                                    Office Building, Washington, DC 20503,                   changes to any rule text.                             Contract Equivalents attributed to the
                                                    or by sending an email to: Shagufta_                     II. Self-Regulatory Organization’s                    Subscriber for that period.
                                                    Ahmed@omb.eop.gov; and (ii) Pamela                       Statement of the Purpose of, and                        In describing how Contract
                                                    Dyson, Director/Chief Information                        Statutory Basis for, the Proposed Rule                Equivalents are calculated in the VPR
                                                    Officer, Securities and Exchange                         Change                                                Filing, the Exchange inadvertently used
                                                    Commission, c/o Remi Pavlik-Simon,                                                                             the term ‘‘orders’’ to describe the option
                                                                                                                In its filing with the Commission, the             contracts executed by the Subscriber.
                                                    100 F Street NE., Washington, DC 20549
                                                                                                             Exchange included statements                          Specifically, on pages 5 and 20–21 of 49
                                                    or send an email to: PRA_Mailbox@                        concerning the purpose of and basis for
                                                    sec.gov. Comments must be submitted to                                                                         of the VPR Filing, the Exchange
                                                                                                             the proposed rule change and discussed                explained that the Contract Equivalent
                                                    OMB within 30 days of this notice.                       any comments it received on the                       calculation for each of the four
                                                      Dated: March 25, 2015.                                 proposed rule change. The text of these               categories of account types would be
                                                    Brent J. Fields,                                         statements may be examined at the                     based on the quantity of orders
                                                    Secretary.                                               places specified in Item IV below. The                executed, multiplied by the
                                                    [FR Doc. 2015–07251 Filed 3–30–15; 8:45 am]              Exchange has prepared summaries, set                  predetermined ratio assigned to each
                                                    BILLING CODE 8011–01–P
                                                                                                             forth in Sections A, B, and C below, of               category. However, this description was
                                                                                                             the most significant aspects of such                  intended to convey that, in calculating
                                                                                                             statements.                                           the Contract Equivalent for each of the
                                                    SECURITIES AND EXCHANGE                                  A. Self-Regulatory Organization’s                     four categories of account types under
                                                    COMMISSION                                               Statement of the Purpose of, and                      the Program, the Exchange measures the
                                                                                                             Statutory Basis for, the Proposed Rule                number of contracts executed, and then
                                                    [Release No. 34–74576; File No. SR–BOX–
                                                                                                             Change                                                multiples the executed contracts by the
                                                    2015–16]
                                                                                                                                                                   predetermined ratio for the appropriate
                                                                                                             1. Purpose                                            category. Accordingly, if a Subscriber
                                                    Self-Regulatory Organizations; BOX
                                                    Options Exchange LLC; Notice of                             On January 9, 2015, the Exchange                   were to send a single order of 1,000
                                                    Filing and Immediate Effectiveness of                    filed the VPR Filing to implement an                  option contracts to the Exchange, and
                                                    a Proposed Rule Change To Clarify                        equity rights program (the ‘‘VPR                      all 1,000 option contracts are executed
                                                    Certain Statements Made in SR–BOX–                       Program’’).5 As provided on page 4 of 49              on BOX (assuming none are Excluded
                                                    2015–03, a Proposed Rule Change                          of the VPR Filing, Subscribers in the                 Member Contracts, as defined on pages
                                                    Filed by the Exchange on January 9,                      VPR Program have the right to acquire                 9–10 of the VPR Filing), then the
                                                    2015                                                     equity in, and receive distributions                  number of Contract Equivalents for that
                                                                                                             from, BOX Holdings Group LLC                          Subscriber would be calculated by
                                                    March 25, 2015.                                          (‘‘Holdings’’), an affiliate of the                   multiplying the 1,000 contracts (not the
                                                       Pursuant to Section 19(b)(1) under the                Exchange, in exchange for the                         single order) by the predetermined ratio
                                                    Securities Exchange Act of 1934 (the                     achievement of certain order flow                     for the appropriate account type.
                                                    ‘‘Act’’) 1 and Rule 19b–4 thereunder,2                   volume commitment thresholds on the                      Furthermore, in describing how the
                                                    notice is hereby given that on March 16,                 Exchange over a period of five (5) years              Contract Equivalent ratio was
                                                    2015, BOX Options Exchange LLC (the                      (and a nominal initial cash payment).                 determined for each of the four account
                                                    ‘‘Exchange’’) filed with the Securities                  Specifically, each Volume Performance                 type categories under the Program, the
                                                    and Exchange Commission (the                             Right (‘‘VPR’’) issued to Subscribers                 Exchange noted, on pages 6, 16, and 20–
                                                    ‘‘Commission’’) the proposed rule                        under the VPR Program includes an
                                                                                                                                                                      6 The Industry ADV for a period is calculated by
                                                    change as described in Items I, II, and                  average daily transaction volume                      multiplying (i) two (2) times (ii) the quotient of (A)
                                                    III below, which Items have been                         commitment (‘‘VPR Volume                              the aggregate number of cleared U.S. options
                                                    prepared by the Exchange. The                            Commitment’’) with respect to                         transactions executed on a U.S. national exchange
                                                    Exchange filed the proposed rule change                  Qualifying Contract Equivalents (as                   or facility thereof in U.S. listed securities on trading
                                                    pursuant to Section 19(b)(3)(A)(ii) of the                                                                     days during the period, as reported by the Options
                                                                                                             defined on page 6 of 49 of the VPR                    Clearing Corporation (‘‘OCC’’), divided by (B) the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Act,3 and Rule 19b–4(f)(2) thereunder,4                  Filing) equal to 0.0055% of the Industry              number of trading days during the period. A
                                                    which renders the proposal effective                                                                           ‘‘trading day’’ is generally any day on which the
                                                    upon filing with the Commission. The                       5 See SR–BOX–2015–03. As noted in the VPR           BOX market is open for business, subject to certain
                                                    Commission is publishing this notice to                  Filing, certain aspects of the Program require        qualifications to be defined in the Members
                                                                                                             changes to the company governance documents,          Agreement. Certain industry transactions are
                                                                                                             including the acquisition of equity ownership and     excluded from the calculation of Industry ADV as
                                                      1 15 U.S.C. 78s(b)(1).                                 any right related to such ownership, are contingent   described on pages 9—10 of 49 of the VPR Filing.
                                                      2 17 CFR 240.19b–4.                                    upon Commission approval of a separate company           7 Each VPR also includes 8.5 unvested new Class
                                                      3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                             governance proposed rule change, which has yet to     C Membership Units of Holdings. See page 5 of 49
                                                      4 17 CFR 240.19b–4(f)(2).                              be filed.                                             of the VPR Filing.



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                                                                                  Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Notices                                                17123

                                                    21 of 49 of the VPR Filing, that the                    Broker/Dealer contracts (1000*1.35 =                    III. Date of Effectiveness of the
                                                    ratios are weighted in accordance with                  1350) to reach the 1000 Qualifying                      Proposed Rule Change and Timing for
                                                    the Exchange’s Fee Schedule, such that                  Contract Equivalents. This example                      Commission Action
                                                    those account types that are charged                    illustrates how a Subscriber can reach                     The foregoing rule change has become
                                                    higher fees by the Exchange have                        their VPR Volume Commitment faster                      effective pursuant to Section
                                                    Contract Equivalent ratios that are                     and through fewer transactions by                       19(b)(3)(A)(ii) of the Exchange Act 9 and
                                                    weighted more heavily. While the                        executing Public Customer contracts as                  Rule 19b–4(f)(2) thereunder,10 because
                                                    Exchange believes the operating                         compared to executing Broker/Dealer                     it establishes or changes a due, or fee.
                                                    principles of the VPR Program are                       contracts.                                                 At any time within 60 days of the
                                                    evident from the VPR Filing, we                         2. Statutory Basis                                      filing of the proposed rule change, the
                                                    understand the description of the                                                                               Commission summarily may
                                                    weight assigned to each predetermined                      The Exchange believes that the                       temporarily suspend the rule change if
                                                    Contract Equivalent ratio may be                        proposal is consistent with the                         it appears to the Commission that the
                                                    confusing, and seek to clarify it.                      requirements of Section 6(b) of the Act,                action is necessary or appropriate in the
                                                                                                            in general, and Section 6(b)(4) and                     public interest, for the protection of
                                                    Specifically, the Contract Equivalent
                                                                                                            6(b)(5)of the Act,8 in particular, in that              investors, or would otherwise further
                                                    ratios assigned to each of the four
                                                                                                            it provides for the equitable allocation                the purposes of the Act. If the
                                                    account types escalate in accordance
                                                                                                            of reasonable dues, fees, and other                     Commission takes such action, the
                                                    with the fees charged to the same four
                                                                                                            charges among BOX Participants and                      Commission shall institute proceedings
                                                    account types in the Exchange’s Fee
                                                                                                            other persons using its facilities and                  to determine whether the proposed rule
                                                    Schedule. Thus, the categories for
                                                                                                            does not unfairly discriminate between                  should be approved or disapproved.
                                                    which the Exchange earns the highest
                                                                                                            customers, issuers, brokers or dealers. In
                                                    fees for any executed contract (Broker/                                                                         IV. Solicitation of Comments
                                                                                                            particular, the proposed rule change is
                                                    Dealer and Professional Customer) also
                                                                                                            reasonable, equitable and not unfairly                    Interested persons are invited to
                                                    have the highest Contract Equivalent
                                                                                                            discriminatory because it proposes to                   submit written data, views, and
                                                    ratio, and vice versa. Having a higher
                                                                                                            clarify aspects of the VPR Filing,                      arguments concerning the foregoing,
                                                    Contract Equivalent ratio requires
                                                                                                            thereby helping ensure that investors                   including whether the proposed rule
                                                    additional contracts to be executed to
                                                                                                            and current Subscribers to the VPR                      change is consistent with the Act.
                                                    achieve the number of Qualifying
                                                                                                            Program clearly understand how the                      Comments may be submitted by any of
                                                    Contract Equivalents required to meet
                                                                                                            VPR Program operates. In addition,                      the following methods:
                                                    the Subscriber’s VPR Volume
                                                                                                            because the first quarter of the VPR
                                                    Commitment. Put another way, having a                                                                           Electronic Comments
                                                                                                            Program has not yet completed as of the
                                                    lower Contract Equivalent ratio allows a                                                                          • Use the Commission’s Internet
                                                                                                            time of filing this proposed rule change,
                                                    Subscriber to reach their VPR Volume                                                                            comment form (http://www.sec.gov/
                                                                                                            no Quarterly Volume Commitment (as
                                                    Commitment faster as compared to                                                                                rules/sro.shtml); or
                                                                                                            defined on page 30 of 49 of the VPR
                                                    submitting contracts with a higher                                                                                • Send an email to rule-comments@
                                                                                                            Filing) calculations have been made
                                                    Contract Equivalent ratio. Accordingly,                                                                         sec.gov. Please include File Number SR–
                                                                                                            under the Program for any Subscribers.
                                                    a Subscriber executing contracts for the                                                                        BOX–2015–16 on the subject line.
                                                                                                            Accordingly, this proposed rule filing
                                                    Broker/Dealer and Professional
                                                                                                            should provide current Subscribers will                 Paper Comments
                                                    Customer account types will take longer
                                                                                                            sufficient time to resolve any potential
                                                    to reach their VPR Volume Commitment
                                                                                                            confusion that stemmed from the                           • Send paper comments in triplicate
                                                    as compared to executing contracts for                                                                          to Secretary, Securities and Exchange
                                                                                                            description of the VPR Program and,
                                                    the Market Maker and Public Customer                                                                            Commission, 100 F Street NE.,
                                                                                                            specifically, the Contract Equivalent
                                                    account types, in that more executions                                                                          Washington, DC 20549–1090.
                                                                                                            calculation and Contract Equivalent
                                                    will be required to achieve the VPR                                                                             All submissions should refer to File
                                                                                                            ratios, in the VPR Filing before the first
                                                    Volume Commitment because it takes                                                                              Number SR–BOX–2015–16. This file
                                                                                                            Quarterly Volume Commitment under
                                                    1.35 Broker/Dealer or Professional                                                                              number should be included on the
                                                                                                            the Program is calculated for
                                                    Customer executed contracts to equal                                                                            subject line if email is used. To help the
                                                                                                            Subscribers.
                                                    one (1) Qualifying Contract Equivalent.                                                                         Commission process and review your
                                                    In contrast, a Subscriber executing                     B. Self-Regulatory Organization’s                       comments more efficiently, please use
                                                    contracts for the Public Customer                       Statement on Burden on Competition                      only one method. The Commission will
                                                    account type, for which the Exchange                      The Exchange does not believe that                    post all comments on the Commission’s
                                                    earns the lowest fees, will reach their                 the proposed rule change will impose                    Internet Web site (http://www.sec.gov/
                                                    VPR Volume Commitment faster as                         any burden on competition that is not                   rules/sro.shtml). Copies of the
                                                    compared to executing contracts for the                 necessary or appropriate in furtherance                 submission, all subsequent
                                                    Market Maker, Professional Customer                     of the purposes of the Act. The                         amendments, all written statements
                                                    and Broker/Dealer account types, in that                Exchange believes that the proposed                     with respect to the proposed rule
                                                    less contracts will need to be executed                 rule change will improve competition                    change that are filed with the
                                                    on behalf of Public Customer accounts                   by clarifying certain aspects of the VPR                Commission, and all written
                                                    than any other type of account in order                 Filing for all market participants.                     communications relating to the
                                                    to meet the VPR Volume Commitment
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                                                                                                                                                                    proposed rule change between the
                                                    because it only takes .71 Public                        C. Self-Regulatory Organization’s                       Commission and any person, other than
                                                    Customer executed contracts to equal                    Statement on Comments on the                            those that may be withheld from the
                                                    one (1) Qualifying Contract Equivalent.                 Proposed Rule Change Received From                      public in accordance with the
                                                    For example if a Subscriber is trying to                Members, Participants, or Others                        provisions of 5 U.S.C. 552, will be
                                                    reach 1000 Qualifying Contract                            No written comments were either                       available for Web site viewing and
                                                    Equivalents it would only take 710                      solicited or received.
                                                    executed Public Customer contracts                                                                                9 15   U.S.C. 78s(b)(3)(A)(ii).
                                                    (1000*0.71 = 710) or 1350 executed                        8 15   U.S.C. 78f(b)(4) and (5).                        10 17   CFR 240.19b–4(f)(2).



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                                                    17124                          Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Notices

                                                    printing in the Commission’s Public                     II. Self-Regulatory Organization’s                    and related liabilities, costs or charges,
                                                    Reference Room, 100 F Street NE.,                       Statement of the Purpose of, and                      as well as procedures to address failed
                                                    Washington, DC 20549, on official                       Statutory Basis for, the Proposed Rule                deliveries. The revised procedures also
                                                    business days between the hours of                      Change                                                set out various documentation
                                                    10:00 a.m. and 3:00 p.m. Copies of the                     In its filing with the Commission, ICE             requirements for the relevant parties. In
                                                    filing also will be available for                       Clear Europe included statements                      addition, changes are made to paragraph
                                                    inspection and copying at the principal                 concerning the purpose of and basis for               5.1 of the Delivery Procedures to
                                                    office of the Exchange. All comments                    the proposed rule change. The text of                 include the New Futures Contracts in
                                                    received will be posted without change;                 these statements may be examined at                   the list of contracts for which parties
                                                    the Commission does not edit personal                   the places specified in Item IV below.                may nominate transferors and
                                                    identifying information from                            ICE Clear Europe has prepared                         transferees to make and take delivery.
                                                    submissions. You should submit only                     summaries, set forth in sections A, B,                   Other changes are made throughout
                                                    information that you wish to make                       and C below, of the most significant                  the Delivery Procedures to conform the
                                                    available publicly. All submissions                     aspects of such statements.                           names of certain contracts to those used
                                                    should refer to File Number SR–BOX–                                                                           in the relevant exchange rules,
                                                    2015–16 and should be submitted on or                   A. Self-Regulatory Organization’s                     including for the ICE Endex Gaspool
                                                    before April 21, 2015.                                  Statement of the Purpose of, and                      Natural Gas Futures Contract, ICE Endex
                                                                                                            Statutory Basis for, the Proposed Rule                NCG Natural Gas Futures Contract and
                                                      For the Commission, by the Division of
                                                    Trading and Markets, pursuant to delegated              Change                                                ICE Endex ZTP Natural Gas Futures
                                                    authority.11                                            1. Purpose                                            Contract. (Related changes and
                                                    Brent J. Fields,                                                                                              clarifications to defined terms have also
                                                                                                               The purpose of the rule amendments                 been made.) Throughout relevant Parts
                                                    Secretary.                                              is to modify the ICE Clear Europe
                                                    [FR Doc. 2015–07257 Filed 3–30–15; 8:45 am]
                                                                                                                                                                  of the Delivery Procedures, references to
                                                                                                            Delivery Procedures in connection with                the ‘‘HIT report’’ have been replaced
                                                    BILLING CODE 8011–01–P                                  the launch by the ICE Endex market of                 with the ‘‘MPFE report’’ (which is the
                                                                                                            certain new natural gas futures contracts             current form of futures expiry report
                                                                                                            that will be cleared by ICE Clear Europe,             indicating positions that have gone to
                                                    SECURITIES AND EXCHANGE                                 namely the ICE Endex TTF Natural Gas
                                                    COMMISSION                                                                                                    expiry). Certain drafting clarifications to
                                                                                                            Daily Futures Contracts, ICE Endex                    the term ‘‘Invoice Period’’ have been
                                                    [Release No. 34–74583; File No. SR–ICEEU–               Gaspool Natural Gas Daily Futures                     made in the Delivery Procedures.
                                                    2015–008]                                               Contracts, ICE Endex NCG Natural Gas                     Changes have also made to the
                                                                                                            Daily Futures Contracts and ICE Endex                 settlement timetable for existing ICE
                                                    Self-Regulatory Organizations; ICE                      ZTP Natural Gas Daily Futures                         Futures UK Natural Gas Daily Futures in
                                                    Clear Europe Limited; Notice of Filing                  Contracts (the ‘‘New Futures                          paragraph 5.2 of Part D and the delivery
                                                    and Immediate Effectiveness of                          Contracts’’). These contracts are daily
                                                    Proposed Rule Change Relating to                                                                              documentation requirements table in
                                                                                                            versions of existing monthly natural gas              paragraph 8.1 of Part D (including as to
                                                    Clearance of New Natural Gas Futures                    futures contracts traded on ICE Endex
                                                    Contracts                                                                                                     the timetable and documentation for
                                                                                                            and cleared by ICE Clear Europe. ICE                  nominations of transferors and
                                                    March 25, 2015.                                         Clear Europe also proposes to make                    transferees). Parallel and conforming
                                                       Pursuant to Section 19(b)(1) of the                  clarifying and conforming amendments                  changes have been made in Parts E
                                                    Securities Exchange Act of 1934                         for certain existing natural gas contracts            through H for other existing natural gas
                                                    (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 that are covered by the Delivery                      contracts. The existing Schedule of
                                                    notice is hereby given that on March 18,                Procedures. ICE Clear Europe does not                 Forms and Reports appended to the
                                                    2015, ICE Clear Europe Limited (‘‘ICE                   otherwise propose to amend its clearing               Delivery Procedures has been removed
                                                    Clear Europe’’) filed with the Securities               rules or procedures in connection with                as obsolete and unnecessary.
                                                    and Exchange Commission                                 the New Futures Contracts.
                                                                                                               The amendments adopt new subparts                  2. Statutory Basis
                                                    (‘‘Commission’’) the proposed rule
                                                                                                            of Parts E, F, G and H of the Delivery                   ICE Clear Europe believes that the
                                                    change described in Items I, II and III
                                                                                                            Procedures, applicable to the ICE Endex               changes described herein are consistent
                                                    below, which Items have been prepared
                                                                                                            TTF Natural Gas Daily Futures                         with the requirements of Section 17A of
                                                    primarily by ICE Clear Europe. The
                                                                                                            Contracts, ICE Endex Gaspool Natural                  the Act 3 and the regulations thereunder
                                                    Commission is publishing this notice to
                                                                                                            Gas Daily Futures Contracts, ICE Endex                applicable to it, including the standards
                                                    solicit comments on the proposed rule
                                                                                                            NCG Natural Gas Daily Futures                         under Rule 17Ad–22,4 and are
                                                    change from interested persons.
                                                                                                            Contracts and ICE Endex ZTP Natural                   consistent with the prompt and accurate
                                                    I. Self-Regulatory Organization’s                       Gas Daily Futures Contracts,                          clearance of and settlement of securities
                                                    Statement of the Terms of Substance of                  respectively. The amendments add                      transactions and, to the extent
                                                    the Proposed Rule Change                                references, as appropriate, to the New                applicable, derivative agreements,
                                                       The principal purpose of the                         Futures Contracts in the applicable Parts             contracts and transactions, the
                                                    proposed rule change is to modify the                   of the Delivery Procedures. The                       safeguarding of securities and funds in
                                                    ICE Clear Europe Delivery Procedures                    amendments provide, among other                       the custody or control of ICE Clear
                                                                                                            matters, specifications for delivery of
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                                                    with respect to the settlement of certain                                                                     Europe or for which it is responsible
                                                    European natural gas futures contracts                  natural gas under a New Futures                       and the protection of investors and the
                                                    that are currently traded or will be                    Contract, including relevant definitions              public interest, within the meaning of
                                                    traded on the ICE Endex market and                      and a detailed delivery timetable for the             Section 17A(b)(3)(F) of the Act.5 The
                                                    cleared by ICE Clear Europe.                            contracts. The amendments also address                New Futures Contracts have similar
                                                                                                            invoicing and payment for delivery. The
                                                      11 17 CFR 200.30–3(a)(12).                            amendments provide for calculation by                   3 15 U.S.C. 78q–1.
                                                      1 15 U.S.C. 78s(b)(1).                                ICE Clear Europe of buyer’s and seller’s                4 17 CFR 240.17Ad–22.
                                                      2 17 CFR 240.19b–4.                                   security to cover delivery obligations                  5 15 U.S.C. 78q–1(b)(3)(F).




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Document Created: 2015-12-18 11:48:08
Document Modified: 2015-12-18 11:48:08
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 17122 

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