80_FR_44314 80 FR 44172 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Add Interpretive Material to BOX Rule 8050 To Indicate That Market Makers Will Not Be Obligated To Quote in Adjusted Option Series and To Define What Qualifies as an Adjusted Options Series

80 FR 44172 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Add Interpretive Material to BOX Rule 8050 To Indicate That Market Makers Will Not Be Obligated To Quote in Adjusted Option Series and To Define What Qualifies as an Adjusted Options Series

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 142 (July 24, 2015)

Page Range44172-44174
FR Document2015-18133

Federal Register, Volume 80 Issue 142 (Friday, July 24, 2015)
[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Notices]
[Pages 44172-44174]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18133]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75489; File No. SR-BOX-2015-26]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To Add 
Interpretive Material to BOX Rule 8050 To Indicate That Market Makers 
Will Not Be Obligated To Quote in Adjusted Option Series and To Define 
What Qualifies as an Adjusted Options Series

July 20, 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 July 10, 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.
---------------------------------------------------------------------------

    \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 add Interpretive Material (``IM-8050-2'') 
to BOX Rule 8050 (Market Maker Quotations) to indicate that Market 
Makers will not be obligated to quote in adjusted option series and to 
define what qualifies as an adjusted options series. 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 add Interpretive Material (``IM-8050-2'') 
to BOX Rule 8050 (Market Maker Quotations) to indicate that Market 
Makers will not be obligated to quote in adjusted option series and to 
define what qualifies as an adjusted options series. This is a 
competitive filing that is based on a proposal submitted by NYSE Arca, 
Inc. (``NYSE Arca'') and approved by the Commission.\3\
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    \3\ See Securities Exchange Act Release No. 65573 (October 14, 
2011), 76 FR 65305 (October 20, 2011) (Order Approving SR-NYSEArca-
2011-59). See also NYSE Arca Rule 6.37B Market Maker Quotations--OX.
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    BOX Rule 8050 discusses the quoting obligations that are applicable 
to Market Makers on the Exchange. The Rule states that, in addition to 
other requirements, Market Makers must post valid quotes throughout the 
trading day in its appointed classes at least sixty percent (60%) of 
the time the classes are open for trading.
    The Exchange proposes to define ``adjusted series'' for the purpose 
of BOX Rule 8050. An ``adjusted series'' under the Rule would be 
defined as an option series wherein, as a result of a corporate action 
by the issuer of the underlying security, one option contract in the 
series represents the delivery of other than 100 shares of underlying 
stock or Exchange Traded Fund Shares.
    After a corporate action and a subsequent adjustment to the 
existing options, the series in question are identified by the Options 
Price Reporting Authority (``OPRA'') and at Options Clearing 
Corporation (``OCC'') with a separate symbol consisting of the 
underlying symbol and a numerical appendage. As a standard procedure, 
exchanges listing options on an underlying security which undergoes a 
corporate action resulting in adjusted series will list new standard 
option series across all appropriate expiration months the day after 
the existing series are adjusted. The adjusted series are generally 
active for a short period of time following adjustment, but orders to 
open an options position in the underlying are almost exclusively 
placed in the new standard contracts. Although the adjusted series may 
not expire for as much as 27 months, in a short time the adjusted 
series become inactive. Thus, the burden of quoting these series 
generally outweighs the benefit of being appointed in the class because 
of the lack of interest in the series by various market participants.
    The proposed rule change is similar to the NYSE Arca rule, in that 
the Exchange is merely proposing to exclude the adjusted series from 
the continuous quoting obligation, but not from other obligations under 
BOX Rule 8050. The NYSE Arca rule excludes adjusted option series, and 
series with a time to expiration of nine months or greater, for options 
on equities and Exchange Traded Fund Shares, and series with a time to 
expiration of twelve months or greater for Index options. Similar to 
NYSE Arca, BOX already excludes from continuous quoting requirements 
options series where the time to expiration is greater than nine (9) 
months,\4\ and is now proposing to add the exclusion of adjusted 
series. Of particular note, the proposal would not excuse a Market

[[Page 44173]]

Maker from the obligation, when called upon by an Exchange Official, to 
submit a single valid two-sided quote or maintain continuous quotes in 
one or more series of an option class within the Market Maker's 
appointment whenever, in the judgment of such Exchange Official, it is 
necessary to do so in the interest of maintaining fair and orderly 
markets.\5\
---------------------------------------------------------------------------

    \4\ See BOX Rule 5070(a).
    \5\ See BOX Rule 8050(c)(4).
---------------------------------------------------------------------------

    The current quoting obligation in such illiquid series is a minor 
part of a Market Maker's overall obligation, and the proposed modicum 
of relief is mitigated by the obligation to respond to a request for 
quote from an Exchange Official. Because of the lack of interest in 
such series, there is little demonstrable benefit to being a Market 
Maker in them other than the ability to maintain Market Maker margins 
for what little activity may occur. In addition, the burden of 
continuous quoting in these series is counter to efforts to mitigate 
the number of quotes collected and disseminated.
    The Exchange believes that the proposed rule change should incent 
Market Makers to continue appointments and thereby expand liquidity in 
options classes listed on the Exchange to the benefit of the Exchange 
and its Participants and public customers.
    Additionally, the Exchange recently amended BOX Rule 7300 
(Preferenced Orders) \6\ by adding, among other things, the language of 
``non-adjusted options series'' to indicate that a Preferred Market 
Maker will not be obligated to maintain continuous quotes in adjusted 
series and to define the term adjusted options series. The Exchange 
believes that this proposed rule change will harmonize the quoting 
obligations in adjusted series for Preferred Market Makers and Market 
Makers on the Exchange.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 74952 (May 13, 
2015), 80 FR 28738 (May 19, 2015) (Notice of Filing and Immediate 
Effectiveness of SR-BOX-2015-19).
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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''),\7\ in general, and section 6(b)(5) of the Act,\8\ 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. In particular, the Exchange believes that, on balance, 
the elimination of the continuous quoting obligations in adjusted 
series is a minor change and should not impact the quality of BOX's 
market. Among other things, adjusted series are not common, and trading 
interest is often very low after the corporate event has passed. 
Consequently, continuous quotes in such series increases quote traffic 
and burdens systems without a corresponding benefit. By not requiring 
Market Makers to continuously quote in such series, the Exchange's 
proposal would further its goal of measured quote mitigation. Further, 
while they will not be tasked with continually quoting such series, 
Market Makers will be obligated to quote the series when called upon by 
an Exchange Official. Accordingly, the proposal supports the quality of 
BOX's market by helping to ensure that Market Makers will continue to 
be obligated to quote in adjusted series when the need arises.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 not necessary or appropriate in 
furtherance of the purposes of the Act. In this regard and as indicated 
above, the Exchange notes that the rule change is being proposed as a 
competitive response to a filing submitted by NYSE Arca and approved by 
the Commission.\9\ Accordingly, the Exchange believes that the proposed 
rule change should incent Market Makers to continue appointments and 
thereby expand liquidity in options classes listed on the Exchange to 
the benefit of the Exchange and its Participants and public customers.
---------------------------------------------------------------------------

    \9\ See supra, note 3.
---------------------------------------------------------------------------

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 \10\ and Rule 19b-4(f)(6) 
thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). 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.
---------------------------------------------------------------------------

    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
     Send an email to [email protected]. Please include 
File Number SR-BOX-2015-26 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-2015-26. 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

[[Page 44174]]

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-2015-26, and should be 
submitted on or before August 14, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-18133 Filed 7-23-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                    44172                            Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Notices

                                                    proposed rule text promotes                              2015, BOX Options Exchange LLC (the                   Makers on the Exchange. The Rule
                                                    transparency through the use of                          ‘‘Exchange’’) filed with the Securities               states that, in addition to other
                                                    consistent terminology that will serve as                and Exchange Commission                               requirements, Market Makers must post
                                                    the foundation for additional Pillar-                    (‘‘Commission’’) the proposed rule                    valid quotes throughout the trading day
                                                    related rule proposals, and by providing                 change as described in Items I and II                 in its appointed classes at least sixty
                                                    notice of when orders would be                           below, which Items have been prepared                 percent (60%) of the time the classes are
                                                    accepted, routed, rejected, cancelled, or                by the self-regulatory organization. The              open for trading.
                                                    be assigned a working time by the                        Commission is publishing this notice to                  The Exchange proposes to define
                                                    Exchange.24                                              solicit comments on the proposed rule                 ‘‘adjusted series’’ for the purpose of
                                                       Based on the Exchange’s                               change from interested persons.                       BOX Rule 8050. An ‘‘adjusted series’’
                                                    representations, the Commission                                                                                under the Rule would be defined as an
                                                    believes that the proposed rule change                   I. Self-Regulatory Organization’s                     option series wherein, as a result of a
                                                    does not raise any novel regulatory                      Statement of the Terms of the Substance               corporate action by the issuer of the
                                                    considerations and should provide                        of the Proposed Rule Change                           underlying security, one option contract
                                                    greater specificity with respect to the                     The Exchange proposes to add                       in the series represents the delivery of
                                                    functionality available on the Exchange                  Interpretive Material (‘‘IM–8050–2’’) to              other than 100 shares of underlying
                                                    as symbols are migrated to the Pillar                    BOX Rule 8050 (Market Maker                           stock or Exchange Traded Fund Shares.
                                                    platform. For these reasons, the                         Quotations) to indicate that Market                      After a corporate action and a
                                                    Commission believes that the proposal                    Makers will not be obligated to quote in              subsequent adjustment to the existing
                                                    should help to prevent fraudulent and                    adjusted option series and to define                  options, the series in question are
                                                    manipulative acts and practices,                         what qualifies as an adjusted options                 identified by the Options Price
                                                    promote just and equitable principles of                 series. The text of the proposed rule                 Reporting Authority (‘‘OPRA’’) and at
                                                    trade, remove impediments to and                         change is available from the principal                Options Clearing Corporation (‘‘OCC’’)
                                                    perfect the mechanism of a free and                      office of the Exchange, at the                        with a separate symbol consisting of the
                                                    open market and a national market                        Commission’s Public Reference Room                    underlying symbol and a numerical
                                                    system, and, in general, protect                         and also on the Exchange’s Internet Web               appendage. As a standard procedure,
                                                    investors and the public interest.                       site at http://boxexchange.com.                       exchanges listing options on an
                                                                                                                                                                   underlying security which undergoes a
                                                    IV. Conclusion                                           II. Self-Regulatory Organization’s                    corporate action resulting in adjusted
                                                      It is therefore ordered, pursuant to                   Statement of the Purpose of, and                      series will list new standard option
                                                    section 19(b)(2) of the Act,25 that the                  Statutory Basis for, the Proposed Rule                series across all appropriate expiration
                                                    proposed rule change (SR–NYSEArca–                       Change                                                months the day after the existing series
                                                    2015–38) be, and hereby is, approved.                      In its filing with the Commission, the              are adjusted. The adjusted series are
                                                                                                             self-regulatory organization included                 generally active for a short period of
                                                      For the Commission, by the Division of
                                                    Trading and Markets, pursuant to delegated               statements concerning the purpose of,                 time following adjustment, but orders to
                                                    authority.26                                             and basis for, the proposed rule change               open an options position in the
                                                    Robert W. Errett,                                        and discussed any comments it received                underlying are almost exclusively
                                                    Deputy Secretary.                                        on the proposed rule change. The text                 placed in the new standard contracts.
                                                                                                             of these statements may be examined at                Although the adjusted series may not
                                                    [FR Doc. 2015–18128 Filed 7–23–15; 8:45 am]
                                                                                                             the places specified in Item IV below.                expire for as much as 27 months, in a
                                                    BILLING CODE 8011–01–P
                                                                                                             The self-regulatory organization has                  short time the adjusted series become
                                                                                                             prepared summaries, set forth in                      inactive. Thus, the burden of quoting
                                                                                                             sections A, B, and C below, of the most               these series generally outweighs the
                                                    SECURITIES AND EXCHANGE
                                                                                                             significant aspects of such statements.               benefit of being appointed in the class
                                                    COMMISSION
                                                                                                                                                                   because of the lack of interest in the
                                                    [Release No. 34–75489; File No. SR–BOX–                  A. Self-Regulatory Organization’s                     series by various market participants.
                                                    2015–26]                                                 Statement of the Purpose of, and                         The proposed rule change is similar to
                                                                                                             Statutory Basis for, the Proposed Rule                the NYSE Arca rule, in that the
                                                    Self-Regulatory Organizations; BOX                       Change                                                Exchange is merely proposing to
                                                    Options Exchange LLC; Notice of                                                                                exclude the adjusted series from the
                                                    Filing and Immediate Effectiveness of                    1. Purpose
                                                                                                                                                                   continuous quoting obligation, but not
                                                    a Proposed Rule Change To Add                               The Exchange proposes to add                       from other obligations under BOX Rule
                                                    Interpretive Material to BOX Rule 8050                   Interpretive Material (‘‘IM–8050–2’’) to              8050. The NYSE Arca rule excludes
                                                    To Indicate That Market Makers Will                      BOX Rule 8050 (Market Maker                           adjusted option series, and series with
                                                    Not Be Obligated To Quote in Adjusted                    Quotations) to indicate that Market                   a time to expiration of nine months or
                                                    Option Series and To Define What                         Makers will not be obligated to quote in              greater, for options on equities and
                                                    Qualifies as an Adjusted Options                         adjusted option series and to define                  Exchange Traded Fund Shares, and
                                                    Series                                                   what qualifies as an adjusted options                 series with a time to expiration of
                                                                                                             series. This is a competitive filing that             twelve months or greater for Index
                                                    July 20, 2015.
                                                                                                             is based on a proposal submitted by                   options. Similar to NYSE Arca, BOX
                                                       Pursuant to section 19(b)(1) of the                   NYSE Arca, Inc. (‘‘NYSE Arca’’) and                   already excludes from continuous
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Securities Exchange Act of 1934 (the                     approved by the Commission.3
                                                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                         quoting requirements options series
                                                                                                                BOX Rule 8050 discusses the quoting                where the time to expiration is greater
                                                    notice is hereby given that on July 10,                  obligations that are applicable to Market             than nine (9) months,4 and is now
                                                      24 See id.                                                                                                   proposing to add the exclusion of
                                                                                                               3 See Securities Exchange Act Release No. 65573
                                                      25 15 U.S.C. 78s(b)(2).                                                                                      adjusted series. Of particular note, the
                                                                                                             (October 14, 2011), 76 FR 65305 (October 20, 2011)
                                                      26 17 CFR 200.30–3(a)(12).
                                                                                                             (Order Approving SR–NYSEArca–2011–59). See            proposal would not excuse a Market
                                                      1 15 U.S.C. 78s(b)(1).
                                                                                                             also NYSE Arca Rule 6.37B Market Maker
                                                      2 17 CFR 240.19b–4.                                    Quotations—OX.                                          4 See   BOX Rule 5070(a).



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                                                                                     Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Notices                                                        44173

                                                    Maker from the obligation, when called                   remove impediments to and perfect the                     burden on competition; and (iii) become
                                                    upon by an Exchange Official, to submit                  mechanism of a free and open market                       operative for 30 days from the date on
                                                    a single valid two-sided quote or                        and a national market system, and, in                     which it was filed, or such shorter time
                                                    maintain continuous quotes in one or                     general to protect investors and the                      as the Commission may designate if
                                                    more series of an option class within the                public interest. In particular, the                       consistent with the protection of
                                                    Market Maker’s appointment whenever,                     Exchange believes that, on balance, the                   investors and the public interest, the
                                                    in the judgment of such Exchange                         elimination of the continuous quoting                     proposed rule change has become
                                                    Official, it is necessary to do so in the                obligations in adjusted series is a minor                 effective pursuant to section 19(b)(3)(A)
                                                    interest of maintaining fair and orderly                 change and should not impact the                          of the Act 10 and Rule 19b–4(f)(6)
                                                    markets.5                                                quality of BOX’s market. Among other                      thereunder.11
                                                       The current quoting obligation in                     things, adjusted series are not common,                      At any time within 60 days of the
                                                    such illiquid series is a minor part of a                and trading interest is often very low                    filing of the proposed rule change, the
                                                    Market Maker’s overall obligation, and                   after the corporate event has passed.                     Commission summarily may
                                                    the proposed modicum of relief is                        Consequently, continuous quotes in                        temporarily suspend such rule change if
                                                    mitigated by the obligation to respond to                such series increases quote traffic and                   it appears to the Commission that such
                                                    a request for quote from an Exchange                     burdens systems without a                                 action is necessary or appropriate in the
                                                    Official. Because of the lack of interest                corresponding benefit. By not requiring                   public interest, for the protection of
                                                    in such series, there is little                          Market Makers to continuously quote in                    investors, or otherwise in furtherance of
                                                    demonstrable benefit to being a Market                   such series, the Exchange’s proposal                      the purposes of the Act. If the
                                                    Maker in them other than the ability to                  would further its goal of measured quote                  Commission takes such action, the
                                                    maintain Market Maker margins for                        mitigation. Further, while they will not                  Commission shall institute proceedings
                                                    what little activity may occur. In                       be tasked with continually quoting such                   to determine whether the proposed rule
                                                    addition, the burden of continuous                       series, Market Makers will be obligated                   should be approved or disapproved.
                                                    quoting in these series is counter to                    to quote the series when called upon by
                                                    efforts to mitigate the number of quotes                 an Exchange Official. Accordingly, the                    IV. Solicitation of Comments
                                                    collected and disseminated.                              proposal supports the quality of BOX’s                      Interested persons are invited to
                                                       The Exchange believes that the                        market by helping to ensure that Market                   submit written data, views, and
                                                    proposed rule change should incent                       Makers will continue to be obligated to                   arguments concerning the foregoing,
                                                    Market Makers to continue                                quote in adjusted series when the need                    including whether the proposed rule
                                                    appointments and thereby expand                          arises.                                                   change is consistent with the Act.
                                                    liquidity in options classes listed on the                                                                         Comments may be submitted by any of
                                                    Exchange to the benefit of the Exchange                  B. Self-Regulatory Organization’s
                                                                                                                                                                       the following methods:
                                                    and its Participants and public                          Statement on Burden on Competition
                                                    customers.                                                  The Exchange does not believe that                     Electronic Comments
                                                       Additionally, the Exchange recently                   the proposed rule change will impose                        • Use the Commission’s Internet
                                                    amended BOX Rule 7300 (Preferenced                       any burden on competition not                             comment form (http://www.sec.gov/
                                                    Orders) 6 by adding, among other things,                 necessary or appropriate in furtherance                   rules/sro.shtml); or
                                                    the language of ‘‘non-adjusted options                   of the purposes of the Act. In this regard                  • Send an email to rule-comments@
                                                    series’’ to indicate that a Preferred                    and as indicated above, the Exchange                      sec.gov. Please include File Number SR–
                                                    Market Maker will not be obligated to                    notes that the rule change is being                       BOX–2015–26 on the subject line.
                                                    maintain continuous quotes in adjusted                   proposed as a competitive response to a
                                                    series and to define the term adjusted                                                                             Paper Comments
                                                                                                             filing submitted by NYSE Arca and
                                                    options series. The Exchange believes                    approved by the Commission.9                                • Send paper comments in triplicate
                                                    that this proposed rule change will                      Accordingly, the Exchange believes that                   to Brent J. Fields, Secretary, Securities
                                                    harmonize the quoting obligations in                     the proposed rule change should incent                    and Exchange Commission, 100 F Street
                                                    adjusted series for Preferred Market                     Market Makers to continue                                 NE., Washington, DC 20549–1090.
                                                    Makers and Market Makers on the                          appointments and thereby expand                           All submissions should refer to File
                                                    Exchange.                                                liquidity in options classes listed on the                Number SR–BOX–2015–26. This file
                                                    2. Statutory Basis                                       Exchange to the benefit of the Exchange                   number should be included on the
                                                                                                             and its Participants and public                           subject line if email is used. To help the
                                                       The Exchange believes that the
                                                                                                             customers.                                                Commission process and review your
                                                    proposal is consistent with the
                                                    requirements of section 6(b) of the                      C. Self-Regulatory Organization’s                         comments more efficiently, please use
                                                    Securities Exchange Act of 1934 (the                     Statement on Comments on the                              only one method. The Commission will
                                                    ‘‘Act’’),7 in general, and section 6(b)(5)               Proposed Rule Change Received From                        post all comments on the Commission’s
                                                    of the Act,8 in particular, in that it is                Members, Participants, or Others                          Internet Web site (http://www.sec.gov/
                                                    designed to prevent fraudulent and                                                                                 rules/sro.shtml). Copies of the
                                                                                                               The Exchange has neither solicited                      submission, all subsequent
                                                    manipulative acts and practices, to                      nor received comments on the proposed
                                                    promote just and equitable principles of                                                                           amendments, all written statements
                                                                                                             rule change.                                              with respect to the proposed rule
                                                    trade, to foster cooperation and
                                                    coordination with persons engaged in                     III. Date of Effectiveness of the                         change that are filed with the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    facilitating transactions in securities, to              Proposed Rule Change and Timing for
                                                                                                                                                                         10 15  U.S.C. 78s(b)(3)(A).
                                                                                                             Commission Action
                                                                                                                                                                         11 17  CFR 240.19b–4(f)(6). As required under Rule
                                                      5 See BOX Rule 8050(c)(4).                                Because the proposed rule change                       19b–4(f)(6)(iii), the Exchange provided the
                                                      6 See Securities Exchange Act Release No. 74952
                                                                                                             does not (i) significantly affect the                     Commission with written notice of its intent to file
                                                    (May 13, 2015), 80 FR 28738 (May 19, 2015) (Notice                                                                 the proposed rule change, along with a brief
                                                    of Filing and Immediate Effectiveness of SR–BOX–         protection of investors or the public
                                                                                                                                                                       description and the text of the proposed rule
                                                    2015–19).                                                interest; (ii) impose any significant                     change, at least five business days prior to the date
                                                      7 15 U.S.C. 78f(b).
                                                                                                                                                                       of filing of the proposed rule change, or such
                                                      8 15 U.S.C. 78f(b)(5).                                      9 See   supra, note 3.                               shorter time as designated by the Commission.



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                                                    44174                            Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Notices

                                                    Commission, and all written                              I. Self-Regulatory Organization’s                           making it more likely that such orders
                                                    communications relating to the                           Statement of the Terms of Substance of                      may receive price improvement. The
                                                    proposed rule change between the                         the Proposed Rule Change                                    Exchange believes that the pilot attracts
                                                    Commission and any person, other than                       The Exchange is filing a proposal to                     order flow and promotes competition
                                                    those that may be withheld from the                      amend Exchange Rule 515A.                                   and price improvement opportunities
                                                    public in accordance with the                               The text of the proposed rule change                     for Agency Orders of fewer than 50
                                                    provisions of 5 U.S.C. 552, will be                      is available on the Exchange’s Web site                     contracts. The Exchange believes that
                                                    available for Web site viewing and                       at http://www.miaxoptions.com/filter/                       extending the pilot period is appropriate
                                                    printing in the Commission’s Public                      wotitle/rule_filing, at MIAX’s principal                    because it would allow the Exchange
                                                    Reference Room, 100 F Street NE.,                        office, and at the Commission’s Public                      and the Commission additional time to
                                                    Washington, DC 20549 on official                         Reference Room.                                             analyze data regarding the pilot that the
                                                    business days between the hours of                                                                                   Exchange has committed to provide.
                                                    10:00 a.m. and 3:00 p.m. Copies of such                  II. Self-Regulatory Organization’s                            In the original filing, the Exchange
                                                    filing also will be available for                        Statement of the Purpose of, and                            committed to periodically submitting
                                                    inspection and copying at the principal                  Statutory Basis for, the Proposed Rule                      reports based on the comprehensive list
                                                    office of the Exchange. All comments                     Change                                                      of the data that the Exchange
                                                    received will be posted without change;                     In its filing with the Commission, the                   represented that it will collect in order
                                                    the Commission does not edit personal                    Exchange included statements                                to aid the Commission in its evaluation
                                                    identifying information from                             concerning the purpose of and basis for                     of the PRIME that incorporates the
                                                    submissions. You should submit only                      the proposed rule change and discussed                      changes proposed.5 As of August 1,
                                                    information that you wish to make                        any comments it received on the                             2015, the Exchange will submit periodic
                                                    available publicly. All submissions                      proposed rule change. The text of these                     reports based on the revised list of data
                                                    should refer to File Number SR–BOX–                      statements may be examined at the                           detailed in Exhibit 3 of this proposal.
                                                    2015–26, and should be submitted on or                   places specified in Item IV below. The                      Any raw data which is submitted to the
                                                    before August 14, 2015.                                  Exchange has prepared summaries, set                        Commission pursuant to the pilot will
                                                      For the Commission, by the Division of                 forth in sections A, B, and C below, of                     be provided on a confidential basis. In
                                                    Trading and Markets, pursuant to delegated               the most significant aspects of such                        further support of this proposal, the
                                                    authority.12                                             statements.                                                 Exchange represents that it will provide
                                                    Robert W. Errett,                                        A. Self-Regulatory Organization’s                           certain additional data requested by the
                                                    Deputy Secretary.                                        Statement of the Purpose of, and                            Commission regarding trading in the
                                                    [FR Doc. 2015–18133 Filed 7–23–15; 8:45 am]              Statutory Basis for, the Proposed Rule                      PRIME Auction for the six (6) month
                                                                                                             Change                                                      period from January 1, 2015 to June 30,
                                                    BILLING CODE 8011–01–P
                                                                                                                                                                         2015. The Exchange agrees to provide
                                                                                                             1. Purpose                                                  this data by January 18, 2016 and to
                                                    SECURITIES AND EXCHANGE                                     The Exchange proposes to extend the                      make the summary of the data provided
                                                    COMMISSION                                               pilot period applicable to certain                          to the Commission publicly available.
                                                                                                             aspects of the PRIME Auction which is                       The Exchange continues to believe that
                                                    [Release No. 34–75486; File No. SR–MIAX–                 currently set to expire on July 18, 2015,                   there remains meaningful competition
                                                    2015–48]                                                 until July 18, 2016.                                        for all size orders and that there is an
                                                                                                                The current pilot allows PRIME                           active and liquid market functioning on
                                                    Self-Regulatory Organizations; Miami                                                                                 the Exchange outside of the PRIME
                                                                                                             Agency Orders of any size to initiate a
                                                    International Securities Exchange LLC;                                                                               Auction. The Exchange also continues
                                                                                                             PRIME Auction on MIAX at a price
                                                    Notice of Filing and Immediate                                                                                       to believe that there are significant
                                                                                                             which is at or better than the national
                                                    Effectiveness of a Proposed Rule                                                                                     opportunities for price improvement
                                                                                                             best bid or offer (‘‘NBBO’’).3 The
                                                    Change to Amend Exchange Rule 515A                                                                                   available in the PRIME Auction. The
                                                                                                             Exchange notes that other exchanges
                                                    to Extend the Pilot Period for Certain                                                                               Exchange believes the additional data
                                                                                                             provide the same functionality.4 The
                                                    Aspects of the PRIME Auction to July                                                                                 will substantiate the Exchange’s belief
                                                                                                             Exchange implemented the pilot in
                                                    18, 2016                                                                                                             and provide further evidence in support
                                                                                                             order to benefit customers through the
                                                    July 20, 2015.                                           encouragement of the entry of more                          of permanent approval of the pilot.
                                                       Pursuant to the provisions of section                 orders into the PRIME Auction, thus                         2. Statutory Basis
                                                    19(b)(1) of the Securities Exchange Act
                                                    of 1934 (‘‘Act’’) 1 and Rule 19b–4                          3 The Exchange notes that prior to the pilot, for          MIAX believes that its proposed rule
                                                    thereunder,2 notice is hereby given that                 PRIME Agency Orders for less than 50 standard               change is consistent with section 6(b) of
                                                                                                             option contracts or 500 mini-option contracts, the          the Act 6 in general, and furthers the
                                                    on July 16, 2015, Miami International                    Initiating Member must stop the entire PRIME
                                                    Securities Exchange LLC (‘‘MIAX’’ or                     Agency Order as principal or with a solicited order
                                                                                                                                                                         objectives of section 6(b)(5) of the Act 7
                                                    ‘‘Exchange’’) filed with the Securities                  at the better of the NBBO price improved by a $0.01         in particular, in that it is designed to
                                                    and Exchange Commission                                  increment or the PRIME Agency Order’s limit price           prevent fraudulent and manipulative
                                                                                                             (if the order is a limit order). In addition, to initiate   acts and practices, to promote just and
                                                    (‘‘Commission’’) a proposed rule change                  the PRIME Auction for auto-match submissions, the
                                                    as described in Items I and II below,                    Initiating Member must stop the PRIME Agency
                                                                                                                                                                         equitable principles of trade, to foster
                                                                                                             Order for less than 50 standard option contracts or
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    which Items have been prepared by the                                                                                  5 See Proposed Rule 515A, Interpretations and
                                                                                                             500 mini-option contracts at better of the NBBO
                                                    Exchange. The Commission is                              price improved by a $0.01 increment or the PRIME            Policies .08. A comprehensive list of the data that
                                                    publishing this notice to solicit                        Agency Order’s limit price. See Securities Exchange         the Exchange represented that it will collect is
                                                    comments on the proposed rule change                     Act Release No. 73590 (November 13, 2014), 79               available in Exhibit 3 of SR–MIAX–2014–23. See
                                                    from interested persons.                                 68919 (November 19, 2014) (SR–MIAX–2014–56).                also Securities Exchange Act Release Nos. 72009
                                                                                                             See also Securities Exchange Act Release Nos.               (April 23, 2014), 79 FR 24032 (April 29, 2014) (SR–
                                                                                                             72009 (April 23, 2014), 79 FR 24032 (April 29,              MIAX–2014–20); 72418 (June 18, 2014), 79 FR
                                                      12 17 CFR 200.30–3(a)(12).                                                                                         35833 (June 24, 2014) (SR–MIAX–2014–23).
                                                                                                             2014) (SR–MIAX–2014–20); 72418 (June 18, 2014),
                                                      1 15 U.S.C. 78s(b)(1).                                 79 FR 35833 (June 24, 2014) (SR–MIAX–2014–23).                6 15 U.S.C. 78f(b).
                                                      2 17 CFR 240.19b–4.                                       4 See PHLX Rule 1080(n).                                   7 15 U.S.C. 78f(b)(5).




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Document Created: 2018-02-23 09:24:56
Document Modified: 2018-02-23 09:24:56
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 44172 

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