80 FR 66087 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Interpretive Material 1 to Rule 7170 To Extend the Pilot Program That Suspends Certain Obvious Error Provisions During Limit Up-Limit Down States in Securities That Underlie Options Traded on the Exchange

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 208 (October 28, 2015)

[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Notices]
[Pages 66087-66089]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27353]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76233; File No. SR-BOX-2015-34]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Amend Interpretive Material 1 to Rule 7170 To Extend the Pilot Program 
That Suspends Certain Obvious Error Provisions During Limit Up-Limit 
Down States in Securities That Underlie Options Traded on the Exchange

October 22, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on October 21, 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 from 
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange proposes to amend Interpretive Material 1 to Rule 7170 
to extend the pilot program that suspends certain obvious error 
provisions during limit up-limit down states in securities that 
underlie options traded on the Exchange. 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.

[[Page 66088]]

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

1. Purpose
    The purpose of this filing is to extend the effectiveness of the 
pilot that permits the Exchange to suspend certain provisions in BOX 
Rule 7170 (Obvious and Catastrophic Errors) during limit up-limit down 
states in securities that underlie options traded on the Exchange 
(``Pilot''). The Pilot is currently scheduled to expire on October 23, 
2015. BOX proposes to extend the pilot program to coincide with the 
pilot period for the Plan to Address Extraordinary Market Volatility 
Pursuant to Rule 608 of Regulation NMS under the Act (the ``Limit Up- 
Limit Down Plan'' or the ``Plan''), including any extensions to the 
pilot period for the Plan.\3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 75917 (September 14, 
2015), 80 FR 56515 (September 18, 2015)(Joint Industry Plan; Notice 
of Filing of the Ninth Amendment to the National Market System Plan 
to Address Extraordinary Market Volatility). The pilot period for 
the Plan is proposed to be extended through April 22, 2016.
---------------------------------------------------------------------------

    The Pilot allows the Exchange to exclude transactions executed 
during a Limit State or Straddle State from provisions in BOX Rule 
7170. This does not prevent the execution from being reviewed on the 
Official's own motion pursuant to sub-paragraph (c)(3) of Rule 7170, or 
a bust or adjust pursuant to paragraphs (e) through (k) of Rule 7170.
    The remaining provisions in BOX Rule 7170 provide a process by 
which a transaction may be busted or adjusted when the execution price 
of a transaction deviates from the option's theoretical price by a 
certain amount. Under these provisions, the theoretical price is the 
national best bid price for the option with respect to a sell order and 
the national best offer for the option with respect to a buy order. 
During a Limit State or Straddle State, options prices may deviate 
substantially from those available prior to or following the limit 
state. Consequently, the Exchange believed that these provisions would 
be impracticable given the lack of a reliable national best bid or 
offer in the options market during Limit States and Straddle States, 
and could produce undesirable effects.
    The Exchange proposes to extend the operation of this Pilot to 
coincide with the pilot period for the Limit Up-Limit Down Plan, 
including any extensions to the pilot period for the Plan so that it 
may continue to analyze the impact of the Limit and Straddle States. 
The Exchange will also continue to evaluate whether adopting a 
provision for reviewing trades on its own motion during Limit and 
Straddle States is necessary and appropriate.
    Additionally, the Exchange represents that it will conduct its own 
analysis concerning the elimination of the obvious error rule during 
Limit and Straddle States and agrees to provide the Commission with 
relevant data to assess the impact of the Pilot. As part of its 
analysis, the Exchange will evaluate (1) the options market quality 
during Limit and Straddle States, (2) assess the character of incoming 
order flow and transactions during Limit and Straddle States, and (3) 
review any complaints from members and their customers concerning 
executions during Limit and Straddle States. The Exchange also agrees 
to provide to the Commission data requested to evaluate the impact of 
the elimination of the obvious error rule, including data relevant to 
assessing the various analyses noted above. Specifically, the Exchange 
agrees to an assessment that evaluates the statistical and economic 
impact of Straddle States on liquidity and market quality in the 
options markets; and assess whether the lack of obvious error rules in 
effect during the Straddle and Limit States is problematic.
    The Exchange agrees to provide the analysis and data to the 
Commission to help evaluate the impact of the Pilot no later than five 
months prior to the pilot expiration, including any extensions. If the 
plan extension is approved the next data assessment will be due 
December 18th, 2015. On a monthly basis, the Exchange shall provide 
both the Commission and public a dataset containing the data for each 
Straddle and Limit State in optionable stocks.\4\
---------------------------------------------------------------------------

    \4\ The dataset will include the options for each underlying 
security that reaches a limit or straddle state and has at least one 
(1) trade on the Exchange during the straddle or limit state. For 
each of those options affected the data record will contain the 
stock symbol, option symbol, time at the start of the straddle or 
limit state, an indicator for whether it is a straddle or limit 
state. For activity on the Exchange the data record will contain the 
executed volume, time-weighted quoted bid-ask spread, time-weighted 
average quoted depth at the bid, time-weighted average quoted depth 
at the offer, high execution price, low execution price, number of 
trades for which a request for review for error was received during 
straddle or limit states, an indicator variable for whether those 
options outlined above have a price change exceeding 30% during the 
underlying stock's straddle or limit state compared to the last 
available option price as reported by OPRA before the start of the 
straddle or limit state (1 if observe 30% and 0 otherwise), and 
another indicator variable for whether the option price within five 
minutes of the underlying stock leaving straddle or limit state (or 
halt if applicable) is 30% away from the price before the start of 
the straddle or limit state.
---------------------------------------------------------------------------

    Finally, the Exchange proposes to remove subparagraph (d) to IM-
7080-1. The Exchange believes this provision is no longer necessary and 
doing so will further harmonize the Exchange's Obvious Error rules with 
the rules of other options exchanges also on the pilot.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of Section 6(b) of the Act,\5\ in general, and Section 
6(b)(5) of the Act,\6\ in particular, in that it is designed to foster 
cooperation and coordination with persons engaged in regulating, 
clearing, settling, processing information with respect to, and 
facilitating transactions in securities, to remove impediments to and 
perfect the mechanism for a free and open market and a national market 
system and, in general, to protect investors and the public interest. 
In particular, the proposal to make the pilot period coincide with the 
pilot period for the Limit Up-Limit Down Plan, including any extensions 
to the pilot period for the Plan, will allow the Pilot to remain in 
effect until the end of the pilot period of the Plan to Address 
Extraordinary Market Volatility (``Plan'').\7\ The Exchange believes 
that it continues to be necessary and appropriate in the interest of 
promoting fair and orderly markets to exclude transactions executed 
during a Limit State or Straddle State from the provision of BOX Rule 
7170. Specifically the Exchange believes the application of the current 
rule will be impracticable given the lack of a reliable national best 
bid or offer in the options market during Limit States and Straddle 
States, and that the resulting actions (i.e., busted trades or adjusted 
prices) may not be appropriate given market conditions.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ See supra, note 3.
---------------------------------------------------------------------------

    Finally, the Exchange removing subparagraph (d) to IM-7080-1 will 
add clarity to market participants by harmonizing the Exchange's 
Obvious Error rules with the rules of other options exchanges also on 
the pilot.

B. Self-Regulatory Organization's Statement on Burden on Competition

    Because the proposed rule change does not impose any new or 
additional burden on BOX Options Participants, and only amends the 
current Pilot to coincide with the pilot period for the Limit-up Limit 
Down Plan, the Exchange does not believe that the proposed rule change 
will impose any burden on competition not necessary or

[[Page 66089]]

appropriate in furtherance of the purposes of the Act.

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

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

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

    Because the proposed rule change does not (i) significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate if consistent with the protection of investors 
and the public interest, the proposed rule change has become effective 
pursuant to Section 19(b)(3)(A) of the Act\8\ and Rule 19b-4(f)(6)(iii) 
thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative 
delay so that the proposal may become operative immediately upon 
filing. The Commission believes that waiving the 30-day operative delay 
is consistent with the protection of investors and the public interest, 
as it will allow the obvious error pilot program to continue 
uninterrupted while the industry gains further experience operating 
under the Plan, and avoid any investor confusion that could result from 
a temporary interruption in the pilot program. For this reason, the 
Commission designates the proposed rule change to be operative upon 
filing.\10\
---------------------------------------------------------------------------

    \10\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BOX-2015-34 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-2015-34. 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-2015-34, and should be 
submitted on or before November 18, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-27353 Filed 10-27-15; 8:45 am]
 BILLING CODE 8011-01-P