80_FR_54800 80 FR 54625 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule on the BOX Market LLC Options Facility

80 FR 54625 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule on the BOX Market LLC Options Facility

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 175 (September 10, 2015)

Page Range54625-54627
FR Document2015-22743

Federal Register, Volume 80 Issue 175 (Thursday, September 10, 2015)
[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)]
[Notices]
[Pages 54625-54627]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-22743]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75828; File No. SR-BOX-2015-30]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Amend the Fee Schedule on the BOX Market LLC Options Facility

September 3, 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 September 1, 2015, BOX Options Exchange LLC (the ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I, II, and III below, which 
Items have been prepared by the Exchange. The 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 amend the Fee Schedule on 
the BOX Market LLC (``BOX'') options facility. While changes to the fee 
schedule pursuant to this proposal will be effective upon filing, the 
changes will become operative on September 1, 2015. 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 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

[[Page 54626]]

places specified in Item IV below. The Exchange has prepared summaries, 
set forth in Sections A, B, and C below, of the most significant 
aspects of such statements.

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule for trading on BOX 
to amend how PIP and COPIP Orders \5\ executing on the BOX Book are 
treated within the BOX Fee Schedule. Specifically, the Exchange 
proposes to now treat both sides of these transactions as Non-Auction 
transactions in regards to both Exchange Fees (Section I) and Liquidity 
Fees and Credits (Section II). While this type of interaction is not 
common, the Exchange believes that doing so will add greater clarity to 
the Fee Schedule and reduce Participant confusion about how these 
executions are treated.
---------------------------------------------------------------------------

    \5\ A PIP Order or COPIP Order is a Customer Order (an agency 
order for the account of either a customer or a broker-dealer) 
designated for the PIP or COPIP, respectively.
---------------------------------------------------------------------------

    The Exchange first proposes to add subsection 3 to Section I.B. 
(PIP and COPIP Orders Executed Against Orders on the BOX Book) and 
state that each PIP or COPIP Order which executes against an Unrelated 
Order on the BOX Book shall be treated as a Non-Auction transaction and 
be subject to Section I.A. Exchange Fees (Non-Auction Transactions).\6\ 
The Exchange then proposes to amend Section II.A. (PIP and COPIP 
Transactions) to add language which specifies that each PIP Order or 
COPIP Order that executes against an Unrelated Order on the BOX Book 
shall be treated as a Non-Auction transaction and deemed exempt from 
Liquidity Fees and Credits.
---------------------------------------------------------------------------

    \6\ For the PIP, an Unrelated Order is a non-Improvement Order 
entered into the BOX market during a PIP. For the COPIP, an 
Unrelated Order is a non-Improvement Order entered on BOX during a 
COPIP or BOX Book Interest during a COPIP.
---------------------------------------------------------------------------

    The Exchange does not believe that this change will have a 
noticeable impact on the fees assessed on its Participants.\7\ Almost 
all PIP and COPIP Orders executing against orders on the BOX Book will 
be Public Customer orders, which are not assessed an Exchange fee. 
Similarly, under the Non-Auction fee structure Public Customers are 
also never assessed a fee. The Exchange notes that the Public Customer 
in this scenario may actually receive an additional rebate of up to 
$0.70 under Section I.A.1. (Tiered Volume Rebate for Non-Auction 
Transactions.)
---------------------------------------------------------------------------

    \7\ The Exchange notes that in almost all scenarios the PIP and 
COPIP Order would be considered a taker of liquidity for purposes of 
the Non-Auction transaction fee structure.
---------------------------------------------------------------------------

    While unlikely that a Participant other than a Public Customer 
would be interacting with the order on the BOX Book, the Exchange notes 
that a Market Maker who submits a PIP or COPIP Order that executes 
against an order on the BOX Book would be charged anywhere from $0.05 
to $0.55 in Penny Pilot Classes and $0.10 to $0.90 in Non-Penny Pilot 
Classes depending on the Participant type that the Order interacted 
with. The Market Maker would also be eligible for the Tiered Volume 
Rebate of up to $0.10 per contract depending on its monthly average 
daily volume. Comparatively, the same Market Maker would be assessed a 
$0.20 Exchange fee for the PIP and COPIP Order and a credit for 
removing liquidity of $0.35 (Penny Pilot Classes) and $0.75 (Non-Penny 
Pilot Classes).
    A Professional Customer or Broker Dealer who submits a PIP or COPIP 
Order that executes against an order on the BOX Book could be charged 
anywhere from $0.40 to $0.64 in Penny Pilot Classes and $0.40 to $0.99 
in Non-Penny Pilot Classes. The same Professional Customer or Broker 
Dealer would be assessed a $0.37 Exchange fee for the PIP and COPIP 
Order and a credit for removing liquidity of $0.35 (Penny Pilot 
Classes) and $0.75 (Non-Penny Pilot Classes).
    The Exchange also proposes to remove obsolete language in this 
subsection that references immediately marketable Unrelated Orders, 
specifically the language that states that ``an Unrelated Order that is 
not immediately marketable will be charged as an Improvement Order when 
it executes against a PIP Order or a COPIP Order,'' as well as ``When a 
non-immediately marketable order executes against a PIP Order or a 
COPIP Order, therefore becoming an Unrelated Order, it shall be charged 
as an Improvement Order.'' Since the introduction of the pro-rata 
allocation algorithm within the PIP and COPIP,\8\ all Unrelated Orders 
are systematically treated as immediately marketable. Therefore the 
Exchange believes this language is no longer necessary and removing it 
will reduce participant confusion about how these executions are 
treated within the Fee Schedule. The Exchange also proposes to remove 
footnotes which are referenced in the text that is being removed.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 72848 (August 14, 
2014), 79 FR 49361 (August 20, 2014)(Order Granting Approval of a 
Proposed Rule Change To Adopt New Trade Allocation Algorithms for 
Matching Trades at the Conclusion of the PIP and the COPIP).
---------------------------------------------------------------------------

    The Exchange notes that the fees for immediately marketable 
Unrelated Orders remain unchanged. These orders continue to be charged 
as Non-Auction transactions for purposes of the BOX Fee schedule.
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,\9\ 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. The proposed changes will allow the Exchange to be 
competitive with other exchanges and to apply fees and credits in a 
manner that is equitable among all BOX Participants. Further, the 
Exchange operates within a highly competitive market in which market 
participants can readily direct order flow to any other competing 
exchange if they determine fees at a particular exchange to be 
excessive.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes treating PIP and COPIP Orders that execute 
against an Unrelated Order on the BOX Book as Non-Auction transactions 
is reasonable, equitable and not unfairly discriminatory. As the 
Exchange noted above, almost all PIP and COPIP Orders are from the 
accounts of Public Customers. If this type of interaction does take 
place the Public Customer will still not be charged a fee and may also 
receive a credit depending on its ADV for the month.
    Additionally, the Exchange believes it is reasonable to potentially 
assess Market Makers, Broker Dealers, and Professional Customers with 
higher fees if their PIP or COPIP Orders execute on the BOX Book. While 
this scenario is rare, the Exchange notes that it has adopted similar 
methodology for Complex Orders that execute on the BOX Book, and while 
the result of this structure is that the BOX Participant does not know 
the fee it will be charged when submitting a PIP or COPIP Order, the 
Participant must recognize that it could be charged the highest 
applicable fee on the exchange's schedule. For example, while a Market 
Maker's PIP Order in a Penny Pilot Class would currently expect to be 
charged a $0.20 exchange fee and receive a $0.35 removal ``credit'' if 
the Order executed

[[Page 54627]]

against a Primary Improvement Order or Improvement Order in the PIP or 
COPIP, if that Order interacted with an Unrelated Order on the BOX Book 
the Market Maker could now be charged anywhere from $0.00 to $0.51. 
Therefore, the Participant must recognize that it could be charged the 
highest applicable fee on the Exchange's schedule, which may, instead, 
be lowered or changed depending upon how the PIP or COPIP Order 
interacts. This way, a Participant will never be charged a higher fee 
than they expected when submitting a PIP or COPIP Order. Further, a 
majority of PIP and COPIP Orders execute as intended in the PIP and 
COPIP mechanisms, so the Exchange believes that any increase in fees 
will be nominal at most.
    Finally, the Exchange notes that it operates in a highly 
competitive market in which market participants can readily favor 
competing exchanges. In such an environment, the Exchange must 
continually review, and consider adjusting, its fees and credits to 
remain competitive with other exchanges. For the reasons described 
above, the Exchange believes that the proposed rule change reflects 
this competitive environment.

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. The Exchange also does not 
believe that this change would disincentivize a market participant from 
sending in a PIP or COPIP Order, as the proposed rule change is meant 
to provide clarity to the BOX Fee Schedule so that Participants 
understand the fees they can be charged in this scenario. Under the 
proposed change PIP and COPIP Orders that execute against an Unrelated 
Order on the BOX Book will be subject to fees already in place on the 
Exchange. Further, almost all these transactions the PIP or COPIP Order 
will be from the account of the Public Customer and there will be no 
change to the fees assessed on these Participants. In rare cases, 
Market Makers, Broker Dealers and Professional Customers could be 
assessed a higher fee but the Exchange believes any fees assessed would 
be nominal.
    Finally, the Exchange does not believes that treating PIP and COPIP 
Orders that execute against an Unrelated Order on the BOX Book as Non-
Auction transactions will impose a burden on competition among various 
Exchange Participants because all Participants will be affected to the 
same extent.

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 \10\ and Rule 19b-4(f)(2) 
thereunder,\11\ because it establishes or changes a due, or fee.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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 rule-comments@sec.gov. Please include 
File Number SR-BOX-2015-30 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-2015-30. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BOX-2015-30, and should be 
submitted on or before October 1, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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


Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-22743 Filed 9-9-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Notices                                          54625

                                                  credits for these transactions will be                     Paper Comments                                         SECURITIES AND EXCHANGE
                                                  higher, they will only be assessed                                                                                COMMISSION
                                                  against the portion of the order that                         • Send paper comments in triplicate
                                                                                                             to Secretary, Securities and Exchange                  [Release No. 34–75828; File No. SR–BOX–
                                                  executes against a response in the                                                                                2015–30]
                                                  auctions. The Exchange believes that                       Commission, 100 F Street NE.,
                                                  participants submitting responses in                       Washington, DC 20549–1090.                             Self-Regulatory Organizations; BOX
                                                  these auctions are willing to pay a                        All submissions should refer to File                   Options Exchange LLC; Notice of
                                                  higher fee for liquidity discovery in less                 Number SR–BOX–2015–29. This file                       Filing and Immediate Effectiveness of
                                                  liquid names. Further, as stated above                     number should be included on the                       a Proposed Rule Change To Amend
                                                  the fees and credits proposed are in line                  subject line if email is used. To help the             the Fee Schedule on the BOX Market
                                                  with the facilitation and solicitation fees                Commission process and review your                     LLC Options Facility
                                                  and credits on at least one other options                  comments more efficiently, please use
                                                  exchange.                                                                                                         September 3, 2015.
                                                                                                             only one method. The Commission will
                                                     BOX believes that this proposal will                                                                              Pursuant to Section 19(b)(1) of the
                                                                                                             post all comments on the Commission’s                  Securities Exchange Act of 1934 (the
                                                  enhance competition between
                                                                                                             Internet Web site (http://www.sec.gov/                 ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  exchanges because it is designed to
                                                  allow the Exchange to better compete                       rules/sro.shtml). Copies of the                        notice is hereby given that on
                                                  with other exchanges for Facilitation                      submission, all subsequent                             September 1, 2015, BOX Options
                                                  and Solicitation auction order flow.                       amendments, all written statements                     Exchange LLC (the ‘‘Exchange’’) filed
                                                                                                             with respect to the proposed rule                      with the Securities and Exchange
                                                  C. Self-Regulatory Organization’s                          change that are filed with the                         Commission (‘‘Commission’’) the
                                                  Statement on Comments on the                               Commission, and all written                            proposed rule change as described in
                                                  Proposed Rule Change Received From                         communications relating to the                         Items I, II, and III below, which Items
                                                  Members, Participants, or Others                           proposed rule change between the                       have been prepared by the Exchange.
                                                    No written comments were either                          Commission and any person, other than                  The Exchange filed the proposed rule
                                                  solicited or received.                                     those that may be withheld from the                    change pursuant to Section
                                                  III. Date of Effectiveness of the                          public in accordance with the                          19(b)(3)(A)(ii) of the Act,3 and Rule
                                                  Proposed Rule Change and Timing for                        provisions of 5 U.S.C. 552, will be                    19b–4(f)(2) thereunder,4 which renders
                                                  Commission Action                                          available for Web site viewing and                     the proposal effective upon filing with
                                                                                                             printing in the Commission’s Public                    the Commission. The Commission is
                                                     The foregoing rule change has become                    Reference Room, 100 F Street NE.,                      publishing this notice to solicit
                                                  effective pursuant to Section                                                                                     comments on the proposed rule change
                                                                                                             Washington, DC 20549 on official
                                                  19(b)(3)(A)(ii) of the Exchange Act 22                                                                            from interested persons.
                                                                                                             business days between the hours of
                                                  and Rule 19b–4(f)(2) thereunder,23
                                                                                                             10:00 a.m. and 3:00 p.m. Copies of such                I. Self-Regulatory Organization’s
                                                  because it establishes or changes a due,
                                                  or fee.                                                    filing also will be available for                      Statement of the Terms of the Substance
                                                     At any time within 60 days of the                       inspection and copying at the principal                of the Proposed Rule Change
                                                  filing of the proposed rule change, the                    office of the Exchange. All comments                      The Exchange is filing with the
                                                  Commission summarily may                                   received will be posted without change;                Securities and Exchange Commission
                                                  temporarily suspend the rule change if                     the Commission does not edit personal                  (‘‘Commission’’) a proposed rule change
                                                  it appears to the Commission that the                      identifying information from                           to amend the Fee Schedule on the BOX
                                                  action is necessary or appropriate in the                  submissions. You should submit only                    Market LLC (‘‘BOX’’) options facility.
                                                  public interest, for the protection of                     information that you wish to make                      While changes to the fee schedule
                                                  investors, or would otherwise further                      available publicly. All submissions                    pursuant to this proposal will be
                                                  the purposes of the Act. If the                            should refer to File Number SR–BOX–                    effective upon filing, the changes will
                                                  Commission takes such action, the                          2015–29, and should be submitted on or                 become operative on September 1, 2015.
                                                  Commission shall institute proceedings                     before October 1, 2015.                                The text of the proposed rule change is
                                                  to determine whether the proposed rule                       For the Commission, by the Division of               available from the principal office of the
                                                  should be approved or disapproved.                         Trading and Markets, pursuant to delegated             Exchange, at the Commission’s Public
                                                  IV. Solicitation of Comments                               authority.24                                           Reference Room and also on the
                                                                                                                                                                    Exchange’s Internet Web site at http://
                                                    Interested persons are invited to                        Robert W. Errett,
                                                                                                                                                                    boxexchange.com.
                                                  submit written data, views, and                            Deputy Secretary.
                                                  arguments concerning the foregoing,                        [FR Doc. 2015–22741 Filed 9–9–15; 8:45 am]             II. Self-Regulatory Organization’s
                                                  including whether the proposed rule                                                                               Statement of the Purpose of, and
                                                                                                             BILLING CODE 8011–01–P
                                                  change is consistent with the Act.                                                                                Statutory Basis for, the Proposed Rule
                                                  Comments may be submitted by any of                                                                               Change
                                                  the following methods:                                                                                               In its filing with the Commission, the
                                                                                                                                                                    Exchange included statements
                                                  Electronic Comments
                                                                                                                                                                    concerning the purpose of and basis for
                                                    • Use the Commission’s Internet                                                                                 the proposed rule change and discussed
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  comment form (http://www.sec.gov/                                                                                 any comments it received on the
                                                  rules/sro.shtml); or                                                                                              proposed rule change. The text of these
                                                    • Send an email to rule-comments@                                                                               statements may be examined at the
                                                  sec.gov. Please include File Number SR–
                                                  BOX–2015–29 on the subject line.                                                                                    1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                      2 17 CFR 240.19b–4.
                                                    22 15   U.S.C. 78s(b)(3)(A)(ii).                                                                                  3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                    23 17   CFR 240.19b–4(f)(2).                               24 17   CFR 200.30–3(a)(12).                           4 17 CFR 240.19b–4(f)(2).




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                                                  54626                     Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Notices

                                                  places specified in Item IV below. The                  receive an additional rebate of up to                 proposes to remove footnotes which are
                                                  Exchange has prepared summaries, set                    $0.70 under Section I.A.1. (Tiered                    referenced in the text that is being
                                                  forth in Sections A, B, and C below, of                 Volume Rebate for Non-Auction                         removed.
                                                  the most significant aspects of such                    Transactions.)                                           The Exchange notes that the fees for
                                                  statements.                                                While unlikely that a Participant                  immediately marketable Unrelated
                                                                                                          other than a Public Customer would be                 Orders remain unchanged. These orders
                                                  A. Self-Regulatory Organization’s                       interacting with the order on the BOX                 continue to be charged as Non-Auction
                                                  Statement of the Purpose of, and                        Book, the Exchange notes that a Market                transactions for purposes of the BOX
                                                  Statutory Basis for, the Proposed Rule                  Maker who submits a PIP or COPIP                      Fee schedule.
                                                  Change                                                  Order that executes against an order on
                                                                                                                                                                2. Statutory Basis
                                                  1. Purpose                                              the BOX Book would be charged
                                                                                                          anywhere from $0.05 to $0.55 in Penny                    The Exchange believes that the
                                                     The Exchange proposes to amend the                                                                         proposal is consistent with the
                                                  Fee Schedule for trading on BOX to                      Pilot Classes and $0.10 to $0.90 in Non-
                                                                                                          Penny Pilot Classes depending on the                  requirements of Section 6(b) of the Act,
                                                  amend how PIP and COPIP Orders 5                                                                              in general, and Section 6(b)(4) and
                                                  executing on the BOX Book are treated                   Participant type that the Order
                                                                                                          interacted with. The Market Maker                     6(b)(5)of the Act,9 in particular, in that
                                                  within the BOX Fee Schedule.                                                                                  it provides for the equitable allocation
                                                  Specifically, the Exchange proposes to                  would also be eligible for the Tiered
                                                                                                          Volume Rebate of up to $0.10 per                      of reasonable dues, fees, and other
                                                  now treat both sides of these                                                                                 charges among BOX Participants and
                                                  transactions as Non-Auction                             contract depending on its monthly
                                                                                                          average daily volume. Comparatively,                  other persons using its facilities and
                                                  transactions in regards to both Exchange                                                                      does not unfairly discriminate between
                                                  Fees (Section I) and Liquidity Fees and                 the same Market Maker would be
                                                                                                          assessed a $0.20 Exchange fee for the                 customers, issuers, brokers or dealers.
                                                  Credits (Section II). While this type of                                                                      The proposed changes will allow the
                                                  interaction is not common, the                          PIP and COPIP Order and a credit for
                                                                                                          removing liquidity of $0.35 (Penny Pilot              Exchange to be competitive with other
                                                  Exchange believes that doing so will                                                                          exchanges and to apply fees and credits
                                                  add greater clarity to the Fee Schedule                 Classes) and $0.75 (Non-Penny Pilot
                                                                                                          Classes).                                             in a manner that is equitable among all
                                                  and reduce Participant confusion about                                                                        BOX Participants. Further, the Exchange
                                                                                                             A Professional Customer or Broker
                                                  how these executions are treated.                                                                             operates within a highly competitive
                                                     The Exchange first proposes to add                   Dealer who submits a PIP or COPIP
                                                                                                          Order that executes against an order on               market in which market participants can
                                                  subsection 3 to Section I.B. (PIP and
                                                                                                          the BOX Book could be charged                         readily direct order flow to any other
                                                  COPIP Orders Executed Against Orders
                                                                                                          anywhere from $0.40 to $0.64 in Penny                 competing exchange if they determine
                                                  on the BOX Book) and state that each
                                                                                                          Pilot Classes and $0.40 to $0.99 in Non-              fees at a particular exchange to be
                                                  PIP or COPIP Order which executes
                                                                                                          Penny Pilot Classes. The same                         excessive.
                                                  against an Unrelated Order on the BOX                                                                            The Exchange believes treating PIP
                                                  Book shall be treated as a Non-Auction                  Professional Customer or Broker Dealer
                                                                                                          would be assessed a $0.37 Exchange fee                and COPIP Orders that execute against
                                                  transaction and be subject to Section                                                                         an Unrelated Order on the BOX Book as
                                                  I.A. Exchange Fees (Non-Auction                         for the PIP and COPIP Order and a
                                                                                                          credit for removing liquidity of $0.35                Non-Auction transactions is reasonable,
                                                  Transactions).6 The Exchange then                                                                             equitable and not unfairly
                                                  proposes to amend Section II.A. (PIP                    (Penny Pilot Classes) and $0.75 (Non-
                                                                                                          Penny Pilot Classes).                                 discriminatory. As the Exchange noted
                                                  and COPIP Transactions) to add
                                                                                                             The Exchange also proposes to                      above, almost all PIP and COPIP Orders
                                                  language which specifies that each PIP
                                                                                                          remove obsolete language in this                      are from the accounts of Public
                                                  Order or COPIP Order that executes
                                                                                                          subsection that references immediately                Customers. If this type of interaction
                                                  against an Unrelated Order on the BOX
                                                                                                          marketable Unrelated Orders,                          does take place the Public Customer
                                                  Book shall be treated as a Non-Auction
                                                                                                          specifically the language that states that            will still not be charged a fee and may
                                                  transaction and deemed exempt from
                                                                                                          ‘‘an Unrelated Order that is not                      also receive a credit depending on its
                                                  Liquidity Fees and Credits.
                                                     The Exchange does not believe that                   immediately marketable will be charged                ADV for the month.
                                                                                                          as an Improvement Order when it                          Additionally, the Exchange believes it
                                                  this change will have a noticeable
                                                                                                          executes against a PIP Order or a COPIP               is reasonable to potentially assess
                                                  impact on the fees assessed on its
                                                                                                          Order,’’ as well as ‘‘When a non-                     Market Makers, Broker Dealers, and
                                                  Participants.7 Almost all PIP and COPIP
                                                  Orders executing against orders on the                  immediately marketable order executes                 Professional Customers with higher fees
                                                  BOX Book will be Public Customer                        against a PIP Order or a COPIP Order,                 if their PIP or COPIP Orders execute on
                                                  orders, which are not assessed an                       therefore becoming an Unrelated Order,                the BOX Book. While this scenario is
                                                  Exchange fee. Similarly, under the Non-                 it shall be charged as an Improvement                 rare, the Exchange notes that it has
                                                  Auction fee structure Public Customers                  Order.’’ Since the introduction of the                adopted similar methodology for
                                                  are also never assessed a fee. The                      pro-rata allocation algorithm within the              Complex Orders that execute on the
                                                  Exchange notes that the Public                          PIP and COPIP,8 all Unrelated Orders                  BOX Book, and while the result of this
                                                  Customer in this scenario may actually                  are systematically treated as                         structure is that the BOX Participant
                                                                                                          immediately marketable. Therefore the                 does not know the fee it will be charged
                                                     5 A PIP Order or COPIP Order is a Customer           Exchange believes this language is no                 when submitting a PIP or COPIP Order,
                                                  Order (an agency order for the account of either a      longer necessary and removing it will                 the Participant must recognize that it
                                                  customer or a broker-dealer) designated for the PIP     reduce participant confusion about how                could be charged the highest applicable
                                                  or COPIP, respectively.
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                                                     6 For the PIP, an Unrelated Order is a non-
                                                                                                          these executions are treated within the               fee on the exchange’s schedule. For
                                                  Improvement Order entered into the BOX market           Fee Schedule. The Exchange also                       example, while a Market Maker’s PIP
                                                  during a PIP. For the COPIP, an Unrelated Order is                                                            Order in a Penny Pilot Class would
                                                  a non-Improvement Order entered on BOX during             8 See Securities Exchange Act Release No. 72848
                                                                                                                                                                currently expect to be charged a $0.20
                                                  a COPIP or BOX Book Interest during a COPIP.            (August 14, 2014), 79 FR 49361 (August 20,            exchange fee and receive a $0.35
                                                     7 The Exchange notes that in almost all scenarios    2014)(Order Granting Approval of a Proposed Rule
                                                  the PIP and COPIP Order would be considered a           Change To Adopt New Trade Allocation Algorithms       removal ‘‘credit’’ if the Order executed
                                                  taker of liquidity for purposes of the Non-Auction      for Matching Trades at the Conclusion of the PIP
                                                  transaction fee structure.                              and the COPIP).                                         9 15   U.S.C. 78f(b)(4) and (5).



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                                                                           Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Notices                                                  54627

                                                  against a Primary Improvement Order or                  Participants because all Participants                  amendments, all written statements
                                                  Improvement Order in the PIP or COPIP,                  will be affected to the same extent.                   with respect to the proposed rule
                                                  if that Order interacted with an                                                                               change that are filed with the
                                                                                                          C. Self-Regulatory Organization’s
                                                  Unrelated Order on the BOX Book the                                                                            Commission, and all written
                                                                                                          Statement on Comments on the
                                                  Market Maker could now be charged                                                                              communications relating to the
                                                                                                          Proposed Rule Change Received From
                                                  anywhere from $0.00 to $0.51.                                                                                  proposed rule change between the
                                                                                                          Members, Participants, or Others
                                                  Therefore, the Participant must                                                                                Commission and any person, other than
                                                  recognize that it could be charged the                    No written comments were either                      those that may be withheld from the
                                                  highest applicable fee on the Exchange’s                solicited or received.                                 public in accordance with the
                                                  schedule, which may, instead, be                        III. Date of Effectiveness of the                      provisions of 5 U.S.C. 552, will be
                                                  lowered or changed depending upon                       Proposed Rule Change and Timing for                    available for Web site viewing and
                                                  how the PIP or COPIP Order interacts.                   Commission Action                                      printing in the Commission’s Public
                                                  This way, a Participant will never be                                                                          Reference Room, 100 F Street NE.,
                                                  charged a higher fee than they expected                    The foregoing rule change has become                Washington, DC 20549 on official
                                                  when submitting a PIP or COPIP Order.                   effective pursuant to Section                          business days between the hours of
                                                  Further, a majority of PIP and COPIP                    19(b)(3)(A)(ii) of the Exchange Act 10                 10:00 a.m. and 3:00 p.m. Copies of such
                                                  Orders execute as intended in the PIP                   and Rule 19b–4(f)(2) thereunder,11                     filing also will be available for
                                                  and COPIP mechanisms, so the                            because it establishes or changes a due,               inspection and copying at the principal
                                                  Exchange believes that any increase in                  or fee.                                                office of the Exchange. All comments
                                                  fees will be nominal at most.                              At any time within 60 days of the                   received will be posted without change;
                                                     Finally, the Exchange notes that it                  filing of the proposed rule change, the                the Commission does not edit personal
                                                  operates in a highly competitive market                 Commission summarily may                               identifying information from
                                                  in which market participants can                        temporarily suspend the rule change if                 submissions. You should submit only
                                                  readily favor competing exchanges. In                   it appears to the Commission that the                  information that you wish to make
                                                  such an environment, the Exchange                       action is necessary or appropriate in the              available publicly. All submissions
                                                  must continually review, and consider                   public interest, for the protection of                 should refer to File Number SR–BOX–
                                                  adjusting, its fees and credits to remain               investors, or would otherwise further                  2015–30, and should be submitted on or
                                                  competitive with other exchanges. For                   the purposes of the Act. If the                        before October 1, 2015.
                                                  the reasons described above, the                        Commission takes such action, the
                                                                                                          Commission shall institute proceedings                   For the Commission, by the Division of
                                                  Exchange believes that the proposed                                                                            Trading and Markets, pursuant to delegated
                                                  rule change reflects this competitive                   to determine whether the proposed rule
                                                                                                                                                                 authority.12
                                                  environment.                                            should be approved or disapproved.

                                                  B. Self-Regulatory Organization’s                       IV. Solicitation of Comments                           Robert W. Errett,
                                                  Statement on Burden on Competition                        Interested persons are invited to                    Deputy Secretary.
                                                                                                          submit written data, views, and                        [FR Doc. 2015–22743 Filed 9–9–15; 8:45 am]
                                                     The Exchange does not believe that                   arguments concerning the foregoing,                    BILLING CODE 8011–01–P
                                                  the proposed rule change will impose                    including whether the proposed rule
                                                  any burden on competition not                           change is consistent with the Act.
                                                  necessary or appropriate in furtherance                 Comments may be submitted by any of                    SECURITIES AND EXCHANGE
                                                  of the purposes of the Act. The                         the following methods:                                 COMMISSION
                                                  Exchange also does not believe that this
                                                  change would disincentivize a market                    Electronic Comments
                                                                                                                                                                 [Release No. 34–75836; File No. SR–ICC–
                                                  participant from sending in a PIP or                      • Use the Commission’s Internet                      2015–013]
                                                  COPIP Order, as the proposed rule                       comment form (http://www.sec.gov/
                                                  change is meant to provide clarity to the               rules/sro.shtml); or                                   Self-Regulatory Organizations; ICE
                                                  BOX Fee Schedule so that Participants                     • Send an email to rule-comments@                    Clear Credit LLC; Notice of
                                                  understand the fees they can be charged                 sec.gov. Please include File Number SR–                Designation of Longer Period for
                                                  in this scenario. Under the proposed                    BOX–2015–30 on the subject line.                       Commission Action on Proposed Rule
                                                  change PIP and COPIP Orders that                                                                               Change To Provide for the Clearance
                                                  execute against an Unrelated Order on                   Paper Comments                                         of Additional Western European
                                                  the BOX Book will be subject to fees                      • Send paper comments in triplicate                  Sovereign Single Names
                                                  already in place on the Exchange.                       to Secretary, Securities and Exchange
                                                  Further, almost all these transactions                  Commission, 100 F Street NE.,                          September 3, 2015.
                                                  the PIP or COPIP Order will be from the                 Washington, DC 20549–1090.                                On July 6, 2015, ICE Clear Credit LLC
                                                  account of the Public Customer and                      All submissions should refer to File                   (‘‘ICC’’) filed with the Securities and
                                                  there will be no change to the fees                     Number SR–BOX–2015–30. This file                       Exchange Commission (‘‘Commission’’),
                                                  assessed on these Participants. In rare                 number should be included on the                       pursuant to Section 19(b)(1) of the
                                                  cases, Market Makers, Broker Dealers                    subject line if email is used. To help the             Securities Exchange Act of 1934
                                                  and Professional Customers could be                     Commission process and review your                     (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a
                                                  assessed a higher fee but the Exchange                  comments more efficiently, please use                  proposed rule change to provide the
                                                  believes any fees assessed would be
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                                                                                                          only one method. The Commission will                   basis for ICC to clear additional credit
                                                  nominal.                                                post all comments on the Commission’s                  default swap contracts (SR–ICC–2015–
                                                     Finally, the Exchange does not                       Internet Web site (http://www.sec.gov/                 013). The proposed rule change was
                                                  believes that treating PIP and COPIP                    rules/sro.shtml). Copies of the                        published for comment in the Federal
                                                  Orders that execute against an Unrelated                submission, all subsequent
                                                  Order on the BOX Book as Non-Auction                                                                             12 17 CFR 200.30–3(a)(12).
                                                  transactions will impose a burden on                      10 15 U.S.C. 78s(b)(3)(A)(ii).                         1 15 U.S.C. 78s(b)(1).
                                                  competition among various Exchange                        11 17 CFR 240.19b–4(f)(2).                             2 17 CFR 240.19b–4.




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Document Created: 2015-12-15 10:03:43
Document Modified: 2015-12-15 10:03:43
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 54625 

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