80_FR_61724 80 FR 61527 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 7270 (Block Trades)

80 FR 61527 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 7270 (Block Trades)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 197 (October 13, 2015)

Page Range61527-61529
FR Document2015-25865

Federal Register, Volume 80 Issue 197 (Tuesday, October 13, 2015)
[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Notices]
[Pages 61527-61529]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25865]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76086; File No. SR-BOX-2015-33]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Amend Rule 7270 (Block Trades)

October 6, 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 October 2, 2015, BOX Options Exchange LLC (the ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I and II below, which Items 
have been prepared by the self-regulatory organization. The Commission 
is publishing this notice to solicit comments on the proposed rule 
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 7270 (Block Trades). 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 purpose of the proposed rule change is to amend Rule 7270 
(Block Trades) to permit an Order Flow Provider (``OFP'') initiating a 
Facilitation Auction, at its option, to designate a lower amount for 
which it will retain certain priority and trade allocation privileges 
upon the conclusion of the Facilitation Auction.
Background
    The Facilitation Auction mechanism allows OFPs to enter crossing 
transactions where the OFP represents a block-size order as agent 
(``Agency Order'') and (1) is trading against the Agency Order as 
principal (i.e., facilitating the Agency Order) and/or (2) has 
solicited an order to take the opposite side of the Agency Order.\3\ 
The Facilitation Auction allows block-size order executions against 
facilitated or solicited orders, or against a combination of 
facilitated or solicited orders. The Facilitation Auction is limited to 
orders of fifty (50) contracts or more.
---------------------------------------------------------------------------

    \3\ See Rule 7270(a).
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    OFPs must be willing to execute the entire size of the Agency 
Orders entered into the Facilitation Auction through the submission of 
a contra ``Facilitation Order.'' Upon the entry of an Agency

[[Page 61528]]

Order and Facilitation Order in the Facilitation Auction, a broadcast 
message is sent to Participants, giving them the opportunity to submit 
responses with the prices and sizes at which they would be willing to 
participate in the facilitation opposite the Agency Order. Responses 
must be priced at the price of the Agency Order or at a better price 
and must not exceed the size of the Agency Order to be facilitated. At 
the end of the period given for the entry of responses, the 
Facilitation Order will be automatically executed with the Agency 
Order.
    Unless there is sufficient size to execute the entire Agency Order 
at a better price, Public Customer bids (offers) and Public Customer 
responses at the time the Agency Order is executed that are priced 
higher (lower) than the facilitation price are executed at the 
facilitation price. Non-Public Customer and Market Maker bids (offers) 
and Non-Public Customer and Market Maker responses at the time the 
Agency Order is executed that are priced higher (lower) than the 
facilitation price are executed against the Agency Order at their 
stated price, which provides Agency Order execution at a better price 
for the number of contracts associated with such higher bids (lower 
offers) and responses.
    The facilitating OFP is allocated priority for at least forty 
percent (40%) of the original size of the Facilitation Order, but only 
after better-priced bids (offers) and responses, as well as Public 
Customer bids (offers) and responses at the facilitation price, are 
executed in full. After the facilitating OFP has executed his forty 
percent (40%), Non-Public Customer and Market Maker bids (offers) and 
responses at the facilitation price will participate in the execution 
of the Agency Order based upon price and time priority.
Proposed Changes
    The Exchange is now proposing to amend the Facilitation Auction to 
permit an OFP to designate a lower amount for which it will retain 
certain priority and trade allocation privileges at the conclusion of 
the Facilitation Auction. Specifically, this proposal will permit an 
OFP, when starting a Facilitation Auction, to submit the Facilitation 
Order to BOX with a designation to identify the total size of the 
Agency Order that the OFP is willing to ``surrender'' to other 
Participants (``Surrender Quantity''), resulting in the OFP potentially 
being allocated less than the forty percent (40%) to which it is 
entitled.\4\ For example, when an OFP submits an Agency Order and 
Facilitation Order for 100 contracts and a Surrender Quantity of 70 
contracts, the OFP is designating that it is willing to surrender 
seventy percent (70%) of the Agency Order to other Participants. 
Therefore, the OFP is only retaining priority to thirty percent (30%) 
of the Agency Order, rather than the forty percent (40%) it could have 
received. The Facilitation Order shall continue to yield priority to 
certain competing orders in the circumstances set forth in Rule 
7270(a).
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    \4\ The OFP will not be allowed to modify the Surrender Quantity 
once the order has been submitted to the Exchange. Additionally, the 
broadcast message sent to Participants at the start of the 
Facilitation Auction will not include the Surrender Quantity amount, 
if any.
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    The proposed rule change further provides that in no case shall the 
OFP's use of the Surrender Quantity function result in an allocation to 
the OFP that would be greater than the maximum allowable allocation the 
OFP would otherwise receive in accordance with the Facilitation 
allocation procedures set forth in Rule 7270(a).
    The proposed rule change will modify the Trading Host's \5\ trade 
allocation at the conclusion of the Facilitation Auction to account for 
the Surrender Quantity. The proposal specifies that when the Trading 
Host determines the priority and trade allocation amounts for the OFP 
upon the conclusion of the Facilitation Auction, the Trading Host will 
automatically adjust the trade allocations to other Participants 
according to the priority set forth in Rule 7270(a), providing a total 
amount to the other Participants up to the Surrender Quantity. The 
Facilitation Order shall be allocated the remaining size of the Agency 
Order, if any. If the aggregate size of responses and orders from 
Participants is not equal to or greater than the Surrender Quantity, 
then the remaining Surrender Quantity shall be left unfilled and the 
Facilitation Order shall be allocated the remaining size of the Agency 
Order. For example, an OFP submits an Agency Order and Facilitation 
Order for 100 contracts and a Surrender Quantity of 70 contracts. 
During the Facilitation Auction only one response for 25 contracts is 
received. Even though the OFP was willing to surrender 70 contracts to 
the other Participants, there is not enough competing size in this 
instance to allocate 70 contracts to someone else. Therefore, the 
Facilitation Order's requirement to completely fill the Agency Order 
takes precedence, and the OFP is allocated the remaining 75 contracts.
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    \5\ The term ``Trading Host'' means the automated trading system 
used by BOX for the trading of options contracts.
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    The Exchange will provide Participants with notice, via Information 
Circular, about the implementation date of the Surrender Quantity prior 
to its implementation in the trading system.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of section 6(b) of the Act,\6\ in general, and section 
6(b)(5) of the Act,\7\ in particular, in that the proposed changes are 
designed to promote just and equitable principles of trade, 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, by providing the opportunity for Participants, not 
including the initiating Participant, to receive a greater allocation 
at the conclusion of the Facilitation Auction. The Exchange believes 
that the proposed changes will incentivize Participants to submit 
additional orders to the Exchange which will benefit all Participants 
and public customers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change will benefit 
investors and Participants by allowing an OFP the flexibility to 
designate a lower amount for which it will retain certain priority and 
trade allocation privileges upon the conclusion of the Facilitation 
Auction, thereby providing other Participants with the opportunity to 
receive increased trade allocations. The proposed rule change is 
designed to promote just and equitable principles of trade by assuring 
that an OFP cannot use the Surrender Quantity to receive an allocation 
greater than the maximum allowable percentage. The proposed rule change 
will protect investors and the public interest because Public Customer 
orders will still receive the same priority during the allocation 
process.
    The proposed changes are similar to Exchange rules applicable to 
other auctions offered by the Exchange. Specifically, the Exchange 
allows Participants to submit a surrender quantity when submitting 
orders to the Price Improvement Period (``PIP'') and Solicitation 
Auction.\8\
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    \8\ See Rules 7150(h)(5)(i) and 7270(b)(2)(iv). The Solicitation 
Auction's surrender quantity is slightly different in that the 
Participant is surrendering its priority to interest on the BOX 
Book, as opposed to the PIP and proposed Surrender Quantity where 
the Participant is surrendering its interest to auction responses.

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[[Page 61529]]

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 similar to rules of 
the Exchange's PIP and Solicitation Auction. The Exchange believes that 
the propose rule change should incent OFPs to continue submitting block 
trades to the Facilitation Auction to the benefit of the Exchange and 
its Participants and public customers. The Exchange believes that the 
proposal will enhance competition by providing an opportunity for 
Participants to receive a greater allocation at the end of the 
Facilitation Auction.

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 \9\ and Rule 19b-4(f)(6) 
thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 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.
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-BOX-2015-33 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-2015-33. 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-2015-33, and should be 
submitted on or before November 3, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-25865 Filed 10-9-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices                                         61527

                                                  non-substantive differences in Rule                     change that are filed with the                        I. Self-Regulatory Organization’s
                                                  7.35P would be to use new Pillar                        Commission, and all written                           Statement of the Terms of Substance of
                                                  terminology, which would promote                        communications relating to the                        the Proposed Rule Change
                                                  consistent use of terminology to support                proposed rule change between the                         The Exchange proposes to amend
                                                  the Pillar trading platform making the                  Commission and any person, other than                 Rule 7270 (Block Trades). The text of
                                                  Exchange’s rules easier to navigate.                    those that may be withheld from the                   the proposed rule change is available
                                                                                                          public in accordance with the                         from the principal office of the
                                                  C. Self-Regulatory Organization’s
                                                                                                          provisions of 5 U.S.C. 552, will be                   Exchange, at the Commission’s Public
                                                  Statement on Comments on the
                                                                                                          available for Web site viewing and                    Reference Room and also on the
                                                  Proposed Rule Change Received From
                                                                                                          printing in the Commission’s Public                   Exchange’s Internet Web site at http://
                                                  Members, Participants, or Others
                                                                                                          Reference Room, 100 F Street NE.,                     boxexchange.com.
                                                    No written comments were solicited                    Washington, DC 20549, on official
                                                  or received with respect to the proposed                business days between the hours of                    II. Self-Regulatory Organization’s
                                                  rule change.                                            10:00 a.m. and 3:00 p.m. Copies of the                Statement of the Purpose of, and
                                                                                                          filing will also be available for                     Statutory Basis for, the Proposed Rule
                                                  III. Date of Effectiveness of the
                                                                                                          inspection and copying at the NYSE’s                  Change
                                                  Proposed Rule Change and Timing for
                                                  Commission Action                                       principal office and on its Internet Web                 In its filing with the Commission, the
                                                                                                          site at www.nyse.com. All comments                    self-regulatory organization included
                                                     Within 45 days of the date of                        received will be posted without change;               statements concerning the purpose of,
                                                  publication of this notice in the Federal               the Commission does not edit personal                 and basis for, the proposed rule change
                                                  Register or up to 90 days (i) as the                    identifying information from                          and discussed any comments it received
                                                  Commission may designate if it finds                    submissions. You should submit only                   on the proposed rule change. The text
                                                  such longer period to be appropriate                    information that you wish to make                     of these statements may be examined at
                                                  and publishes its reasons for so finding                available publicly. All submissions                   the places specified in Item IV below.
                                                  or (ii) as to which the self-regulatory                 should refer to File Number SR–                       The self-regulatory organization has
                                                  organization consents, the Commission                   NYSEARCA–2015–86 and should be                        prepared summaries, set forth in
                                                  will:                                                   submitted on or before November 3,                    sections A, B, and C below, of the most
                                                     (A) By order approve or disapprove                   2015.                                                 significant aspects of such statements.
                                                  the proposed rule change, or
                                                     (B) institute proceedings to determine                 For the Commission, by the Division of              A. Self-Regulatory Organization’s
                                                  whether the proposed rule change                        Trading and Markets, pursuant to delegated
                                                                                                                                                                Statement of the Purpose of, and
                                                                                                          authority.55
                                                  should be disapproved.                                                                                        Statutory Basis for, the Proposed Rule
                                                                                                          Robert W. Errett,
                                                  IV. Solicitation of Comments                                                                                  Change
                                                                                                          Deputy Secretary.
                                                    Interested persons are invited to                     [FR Doc. 2015–25864 Filed 10–9–15; 8:45 am]           1. Purpose
                                                  submit written data, views, and                         BILLING CODE 8011–01–P                                   The purpose of the proposed rule
                                                  arguments concerning the foregoing,                                                                           change is to amend Rule 7270 (Block
                                                  including whether the proposed rule                                                                           Trades) to permit an Order Flow
                                                  change is consistent with the Act.                      SECURITIES AND EXCHANGE                               Provider (‘‘OFP’’) initiating a
                                                  Comments may be submitted by any of                     COMMISSION                                            Facilitation Auction, at its option, to
                                                  the following methods:                                                                                        designate a lower amount for which it
                                                  Electronic Comments                                     [Release No. 34–76086; File No. SR–BOX–               will retain certain priority and trade
                                                                                                          2015–33]                                              allocation privileges upon the
                                                    • Use the Commission’s Internet                                                                             conclusion of the Facilitation Auction.
                                                  comment form (http://www.sec.gov/                       Self-Regulatory Organizations; BOX
                                                  rules/sro.shtml); or                                    Options Exchange LLC; Notice of                       Background
                                                    • Send an email to rule-                              Filing and Immediate Effectiveness of                    The Facilitation Auction mechanism
                                                  comments@sec.gov. Please include File                   a Proposed Rule Change To Amend                       allows OFPs to enter crossing
                                                  Number SR–NYSEARCA–2015–86 on                           Rule 7270 (Block Trades)                              transactions where the OFP represents a
                                                  the subject line.                                                                                             block-size order as agent (‘‘Agency
                                                                                                          October 6, 2015.
                                                  Paper Comments                                                                                                Order’’) and (1) is trading against the
                                                                                                             Pursuant to section 19(b)(1) of the                Agency Order as principal (i.e.,
                                                     • Send paper comments in triplicate                  Securities Exchange Act of 1934 (the                  facilitating the Agency Order) and/or (2)
                                                  to Brent J. Fields, Secretary, Securities               ‘‘Act’’),1 and Rule 19b–4 thereunder,2                has solicited an order to take the
                                                  and Exchange Commission, 100 F Street                   notice is hereby given that on October                opposite side of the Agency Order.3 The
                                                  NE., Washington, DC 20549–1090.                         2, 2015, BOX Options Exchange LLC                     Facilitation Auction allows block-size
                                                  All submissions should refer to File                    (the ‘‘Exchange’’) filed with the                     order executions against facilitated or
                                                  Number SR–NYSEARCA–2015–86. This                        Securities and Exchange Commission                    solicited orders, or against a
                                                  file number should be included on the                   (‘‘Commission’’) the proposed rule                    combination of facilitated or solicited
                                                  subject line if email is used. To help the              change as described in Items I and II                 orders. The Facilitation Auction is
                                                  Commission process and review your                      below, which Items have been prepared                 limited to orders of fifty (50) contracts
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  comments more efficiently, please use                   by the self-regulatory organization. The              or more.
                                                  only one method. The Commission will                    Commission is publishing this notice to                  OFPs must be willing to execute the
                                                  post all comments on the Commission’s                   solicit comments on the proposed rule                 entire size of the Agency Orders entered
                                                  Internet Web site (http://www.sec.gov/                  change from interested persons.                       into the Facilitation Auction through
                                                  rules/sro.shtml). Copies of the                                                                               the submission of a contra ‘‘Facilitation
                                                  submission, all subsequent                                55 17 CFR 200.30–3(a)(12).                          Order.’’ Upon the entry of an Agency
                                                  amendments, all written statements                        1 15 U.S.C. 78s(b)(1).
                                                  with respect to the proposed rule                         2 17 CFR 240.19b–4.                                   3 See   Rule 7270(a).



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                                                  61528                        Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices

                                                  Order and Facilitation Order in the                     (40%) to which it is entitled.4 For                   Agency Order takes precedence, and the
                                                  Facilitation Auction, a broadcast                       example, when an OFP submits an                       OFP is allocated the remaining 75
                                                  message is sent to Participants, giving                 Agency Order and Facilitation Order for               contracts.
                                                  them the opportunity to submit                          100 contracts and a Surrender Quantity                  The Exchange will provide
                                                  responses with the prices and sizes at                  of 70 contracts, the OFP is designating               Participants with notice, via Information
                                                  which they would be willing to                          that it is willing to surrender seventy               Circular, about the implementation date
                                                  participate in the facilitation opposite                percent (70%) of the Agency Order to                  of the Surrender Quantity prior to its
                                                  the Agency Order. Responses must be                     other Participants. Therefore, the OFP is             implementation in the trading system.
                                                  priced at the price of the Agency Order                 only retaining priority to thirty percent
                                                                                                          (30%) of the Agency Order, rather than                2. Statutory Basis
                                                  or at a better price and must not exceed
                                                  the size of the Agency Order to be                      the forty percent (40%) it could have                    The Exchange believes that the
                                                  facilitated. At the end of the period                   received. The Facilitation Order shall                proposal is consistent with the
                                                  given for the entry of responses, the                   continue to yield priority to certain                 requirements of section 6(b) of the Act,6
                                                  Facilitation Order will be automatically                competing orders in the circumstances                 in general, and section 6(b)(5) of the
                                                  executed with the Agency Order.                         set forth in Rule 7270(a).                            Act,7 in particular, in that the proposed
                                                                                                             The proposed rule change further                   changes are designed to promote just
                                                     Unless there is sufficient size to                   provides that in no case shall the OFP’s
                                                  execute the entire Agency Order at a                                                                          and equitable principles of trade,
                                                                                                          use of the Surrender Quantity function                remove impediments to and perfect the
                                                  better price, Public Customer bids                      result in an allocation to the OFP that               mechanism of a free and open market
                                                  (offers) and Public Customer responses                  would be greater than the maximum                     and a national market system, and, in
                                                  at the time the Agency Order is                         allowable allocation the OFP would                    general to protect investors and the
                                                  executed that are priced higher (lower)                 otherwise receive in accordance with                  public interest, by providing the
                                                  than the facilitation price are executed                the Facilitation allocation procedures                opportunity for Participants, not
                                                  at the facilitation price. Non-Public                   set forth in Rule 7270(a).                            including the initiating Participant, to
                                                  Customer and Market Maker bids                             The proposed rule change will modify
                                                                                                                                                                receive a greater allocation at the
                                                  (offers) and Non-Public Customer and                    the Trading Host’s 5 trade allocation at
                                                                                                                                                                conclusion of the Facilitation Auction.
                                                  Market Maker responses at the time the                  the conclusion of the Facilitation                    The Exchange believes that the
                                                  Agency Order is executed that are                       Auction to account for the Surrender                  proposed changes will incentivize
                                                  priced higher (lower) than the                          Quantity. The proposal specifies that                 Participants to submit additional orders
                                                  facilitation price are executed against                 when the Trading Host determines the                  to the Exchange which will benefit all
                                                  the Agency Order at their stated price,                 priority and trade allocation amounts                 Participants and public customers.
                                                  which provides Agency Order execution                   for the OFP upon the conclusion of the
                                                                                                          Facilitation Auction, the Trading Host                   The Exchange believes that the
                                                  at a better price for the number of                                                                           proposed rule change will benefit
                                                  contracts associated with such higher                   will automatically adjust the trade
                                                                                                          allocations to other Participants                     investors and Participants by allowing
                                                  bids (lower offers) and responses.                                                                            an OFP the flexibility to designate a
                                                                                                          according to the priority set forth in
                                                     The facilitating OFP is allocated                                                                          lower amount for which it will retain
                                                                                                          Rule 7270(a), providing a total amount
                                                  priority for at least forty percent (40%)                                                                     certain priority and trade allocation
                                                                                                          to the other Participants up to the
                                                  of the original size of the Facilitation                Surrender Quantity. The Facilitation                  privileges upon the conclusion of the
                                                  Order, but only after better-priced bids                Order shall be allocated the remaining                Facilitation Auction, thereby providing
                                                  (offers) and responses, as well as Public               size of the Agency Order, if any. If the              other Participants with the opportunity
                                                  Customer bids (offers) and responses at                 aggregate size of responses and orders                to receive increased trade allocations.
                                                  the facilitation price, are executed in                 from Participants is not equal to or                  The proposed rule change is designed to
                                                  full. After the facilitating OFP has                    greater than the Surrender Quantity,                  promote just and equitable principles of
                                                  executed his forty percent (40%), Non-                  then the remaining Surrender Quantity                 trade by assuring that an OFP cannot
                                                  Public Customer and Market Maker bids                   shall be left unfilled and the Facilitation           use the Surrender Quantity to receive an
                                                  (offers) and responses at the facilitation              Order shall be allocated the remaining                allocation greater than the maximum
                                                  price will participate in the execution of              size of the Agency Order. For example,                allowable percentage. The proposed rule
                                                  the Agency Order based upon price and                   an OFP submits an Agency Order and                    change will protect investors and the
                                                  time priority.                                          Facilitation Order for 100 contracts and              public interest because Public Customer
                                                                                                          a Surrender Quantity of 70 contracts.                 orders will still receive the same
                                                  Proposed Changes                                                                                              priority during the allocation process.
                                                                                                          During the Facilitation Auction only
                                                     The Exchange is now proposing to                     one response for 25 contracts is                         The proposed changes are similar to
                                                  amend the Facilitation Auction to                       received. Even though the OFP was                     Exchange rules applicable to other
                                                  permit an OFP to designate a lower                      willing to surrender 70 contracts to the              auctions offered by the Exchange.
                                                  amount for which it will retain certain                 other Participants, there is not enough               Specifically, the Exchange allows
                                                  priority and trade allocation privileges                competing size in this instance to                    Participants to submit a surrender
                                                  at the conclusion of the Facilitation                   allocate 70 contracts to someone else.                quantity when submitting orders to the
                                                  Auction. Specifically, this proposal will               Therefore, the Facilitation Order’s                   Price Improvement Period (‘‘PIP’’) and
                                                  permit an OFP, when starting a                          requirement to completely fill the                    Solicitation Auction.8
                                                  Facilitation Auction, to submit the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                             4 The OFP will not be allowed to modify the          6 15 U.S.C. 78f(b).
                                                  Facilitation Order to BOX with a
                                                                                                          Surrender Quantity once the order has been              7 15 U.S.C. 78f(b)(5).
                                                  designation to identify the total size of               submitted to the Exchange. Additionally, the            8 See Rules 7150(h)(5)(i) and 7270(b)(2)(iv). The
                                                  the Agency Order that the OFP is                        broadcast message sent to Participants at the start   Solicitation Auction’s surrender quantity is slightly
                                                  willing to ‘‘surrender’’ to other                       of the Facilitation Auction will not include the      different in that the Participant is surrendering its
                                                  Participants (‘‘Surrender Quantity’’),                  Surrender Quantity amount, if any.                    priority to interest on the BOX Book, as opposed
                                                                                                             5 The term ‘‘Trading Host’’ means the automated    to the PIP and proposed Surrender Quantity where
                                                  resulting in the OFP potentially being                  trading system used by BOX for the trading of         the Participant is surrendering its interest to auction
                                                  allocated less than the forty percent                   options contracts.                                    responses.



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                                                                               Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices                                                61529

                                                  B. Self-Regulatory Organization’s                       to determine whether the proposed rule                  For the Commission, by the Division of
                                                  Statement on Burden on Competition                      should be approved or disapproved.                    Trading and Markets, pursuant to delegated
                                                                                                                                                                authority.11
                                                    The Exchange does not believe that                    IV. Solicitation of Comments                          Robert W. Errett,
                                                  the proposed rule change will impose                                                                          Deputy Secretary.
                                                  any burden on competition not                             Interested persons are invited to
                                                                                                                                                                [FR Doc. 2015–25865 Filed 10–9–15; 8:45 am]
                                                  necessary or appropriate in furtherance                 submit written data, views, and
                                                                                                                                                                BILLING CODE 8011–01–P
                                                  of the purposes of the Act. In this regard              arguments concerning the foregoing,
                                                  and as indicated above, the Exchange                    including whether the proposed rule
                                                  notes that the rule change is similar to                change is consistent with the Act.                    SECURITIES AND EXCHANGE
                                                  rules of the Exchange’s PIP and                         Comments may be submitted by any of                   COMMISSION
                                                  Solicitation Auction. The Exchange                      the following methods:
                                                  believes that the propose rule change                                                                         [Release No. 34–76084; File No. SR–
                                                  should incent OFPs to continue                          Electronic Comments                                   NYSEARCA–2015–87]
                                                  submitting block trades to the                            • Use the Commission’s Internet
                                                  Facilitation Auction to the benefit of the                                                                    Self-Regulatory Organizations; NYSE
                                                                                                          comment form (http://www.sec.gov/                     Arca, Inc.; Notice of Filing and
                                                  Exchange and its Participants and
                                                                                                          rules/sro.shtml); or                                  Immediate Effectiveness of Proposed
                                                  public customers. The Exchange
                                                  believes that the proposal will enhance                   • Send an email to rule-comments@                   Rule Change Amending the NYSE Arca
                                                  competition by providing an                             sec.gov. Please include File Number SR–               Equities Schedule of Fees and
                                                  opportunity for Participants to receive a               BOX–2015–33 on the subject line.                      Charges for Exchange Services
                                                  greater allocation at the end of the                    Paper Comments                                        October 6, 2015.
                                                  Facilitation Auction.                                                                                            Pursuant to section 19(b)(1) 1 of the
                                                  C. Self-Regulatory Organization’s                         • Send paper comments in triplicate                 Securities Exchange Act of 1934 (the
                                                  Statement on Comments on the                            to Brent J. Fields, Secretary, Securities             ‘‘Act’’) 2 and Rule 19b-4 thereunder,3
                                                  Proposed Rule Change Received From                      and Exchange Commission, 100 F Street                 notice is hereby given that, on
                                                  Members, Participants, or Others                        NE., Washington, DC 20549–1090.                       September 22, 2015, NYSE Arca, Inc.
                                                                                                                                                                (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed
                                                    The Exchange has neither solicited                    All submissions should refer to File
                                                                                                                                                                with the Securities and Exchange
                                                  nor received comments on the proposed                   Number SR–BOX–2015–33. This file                      Commission (the ‘‘Commission’’) the
                                                  rule change.                                            number should be included on the                      proposed rule change as described in
                                                                                                          subject line if email is used. To help the            Items I, II, and III below, which Items
                                                  III. Date of Effectiveness of the
                                                                                                          Commission process and review your                    have been prepared by the self-
                                                  Proposed Rule Change and Timing for
                                                                                                          comments more efficiently, please use                 regulatory organization. The
                                                  Commission Action
                                                                                                          only one method. The Commission will                  Commission is publishing this notice to
                                                     Because the proposed rule change                     post all comments on the Commission’s                 solicit comments on the proposed rule
                                                  does not (i) significantly affect the                   Internet Web site (http://www.sec.gov/                change from interested persons.
                                                  protection of investors or the public                   rules/sro.shtml). Copies of the
                                                  interest; (ii) impose any significant                                                                         I. Self-Regulatory Organization’s
                                                                                                          submission, all subsequent
                                                  burden on competition; and (iii) become                                                                       Statement of the Terms of Substance of
                                                                                                          amendments, all written statements
                                                  operative for 30 days from the date on                                                                        the Proposed Rule Change
                                                                                                          with respect to the proposed rule
                                                  which it was filed, or such shorter time                change that are filed with the                           The Exchange proposes to amend the
                                                  as the Commission may designate if                      Commission, and all written                           NYSE Arca Equities Schedule of Fees
                                                  consistent with the protection of                       communications relating to the                        and Charges for Exchange Services
                                                  investors and the public interest, the                                                                        (‘‘Fee Schedule’’). The text of the
                                                                                                          proposed rule change between the
                                                  proposed rule change has become                                                                               proposed rule change is available on the
                                                                                                          Commission and any person, other than
                                                  effective pursuant to section 19(b)(3)(A)                                                                     Exchange’s Web site at www.nyse.com,
                                                                                                          those that may be withheld from the
                                                  of the Act 9 and Rule 19b–4(f)(6)                                                                             at the principal office of the Exchange,
                                                  thereunder.10                                           public in accordance with the
                                                                                                                                                                and at the Commission’s Public
                                                                                                          provisions of 5 U.S.C. 552, will be
                                                     At any time within 60 days of the                                                                          Reference Room.
                                                  filing of the proposed rule change, the                 available for Web site viewing and
                                                                                                          printing in the Commission’s Public                   II. Self-Regulatory Organization’s
                                                  Commission summarily may
                                                                                                          Reference Room, 100 F Street NE.,                     Statement of the Purpose of, and
                                                  temporarily suspend such rule change if
                                                                                                          Washington, DC 20549 on official                      Statutory Basis for, the Proposed Rule
                                                  it appears to the Commission that such
                                                                                                          business days between the hours of                    Change
                                                  action is necessary or appropriate in the
                                                  public interest, for the protection of                  10:00 a.m. and 3:00 p.m. Copies of such                 In its filing with the Commission, the
                                                  investors, or otherwise in furtherance of               filing also will be available for                     self-regulatory organization included
                                                  the purposes of the Act. If the                         inspection and copying at the principal               statements concerning the purpose of,
                                                  Commission takes such action, the                       office of the Exchange. All comments                  and basis for, the proposed rule change
                                                  Commission shall institute proceedings                  received will be posted without change;               and discussed any comments it received
                                                                                                          the Commission does not edit personal                 on the proposed rule change. The text
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    9 15  U.S.C. 78s(b)(3)(A).                            identifying information from                          of those statements may be examined at
                                                    10 17  CFR 240.19b–4(f)(6). As required under Rule    submissions. You should submit only                   the places specified in Item IV below.
                                                  19b–4(f)(6)(iii), the Exchange provided the             information that you wish to make                     The Exchange has prepared summaries,
                                                  Commission with written notice of its intent to file
                                                  the proposed rule change, along with a brief            available publicly. All submissions
                                                                                                                                                                  11 17 CFR 200.30–3(a)(12).
                                                  description and the text of the proposed rule           should refer to File Number SR–BOX–                     1 15
                                                  change, at least five business days prior to the date                                                                U.S.C.78s(b)(1).
                                                                                                          2015–33, and should be submitted on or                  2 15 U.S.C. 78a.
                                                  of filing of the proposed rule change, or such
                                                  shorter time as designated by the Commission.           before November 3, 2015.                                3 17 CFR 240.19b–4.




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Document Created: 2018-02-27 08:48:04
Document Modified: 2018-02-27 08:48:04
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 61527 

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