81_FR_22205 81 FR 22133 - 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 (“BOX”) Options Facility

81 FR 22133 - 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 (“BOX”) Options Facility

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 72 (April 14, 2016)

Page Range22133-22136
FR Document2016-08559

Federal Register, Volume 81 Issue 72 (Thursday, April 14, 2016)
[Federal Register Volume 81, Number 72 (Thursday, April 14, 2016)]
[Notices]
[Pages 22133-22136]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08559]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77572; File No. SR-BOX-2016-14]


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 (``BOX'') Options Facility

April 8, 2016.
    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 March 31, 2016, 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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 to 
revise certain qualification thresholds and fees in Section I.B. of the 
BOX 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 April 1, 
2016. 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 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. 
Specifically, the Exchange proposes to revise certain qualification 
thresholds and fees in Section I.B. of the BOX Fee Schedule, the Tiered 
Fee Schedule for Initiating Participants and BOX Volume Rebate 
(``BVR'').
    Under the Tiered Fee Schedule for Initiating Participants, the 
Exchange assesses a per contract execution fee to all Primary 
Improvement Order executions initiated by the particular Initiating 
Participant. Percentage thresholds are calculated on a monthly basis by 
totaling the Initiating Participant's Primary Improvement Order volume 
submitted to BOX, relative to the total national Customer volume in 
multiply-listed options classes. The current tiered fee schedule for 
Initiating Participants is as follows:

------------------------------------------------------------------------
                                  Percentage thresholds
                                   of national customer    Per contract
              Tier                 volume in multiply-       fee  (all
                                  listed options classes  account types)
                                        (monthly)
------------------------------------------------------------------------
1..............................  0.000%-0.079%..........           $0.25

[[Page 22134]]

 
2..............................  0.080%-0.159%..........            0.20
3..............................  0.160%-0.339%..........            0.12
4..............................  0.340%-0.849%..........            0.07
5..............................  0.850% and Above.......            0.03
------------------------------------------------------------------------

    The Exchange proposes to adjust the percentage thresholds in Tiers 
3 through 5. Additionally, the Exchange proposes to raise the fee 
associated with Tier 5 from $0.03 to $0.05. The new Tiered Fee Schedule 
for Initiating Participants set forth in Section I.B.1. of the BOX Fee 
Schedule will be as follows:

------------------------------------------------------------------------
                                  Percentage thresholds
                                   of national customer    Per contract
              Tier                 volume in multiply-       fee  (all
                                  listed options classes  account types)
                                        (monthly)
------------------------------------------------------------------------
1..............................  0.000%-0.079%..........           $0.25
2..............................  0.080%-0.159%..........            0.20
3..............................  0.160%-0.499%..........            0.12
4..............................  0.500%-0.999%..........            0.07
5..............................  1.000% and Above.......            0.05
------------------------------------------------------------------------

    Next, the Exchange proposes to revise certain qualification 
thresholds in the BVR. Under the current BVR, the Exchange offers a 
tiered per contract rebate for all PIP Orders and COPIP orders of 100 
contracts and under. Percentage thresholds are calculated on a monthly 
basis by totaling the Participant's PIP and COPIP volume submitted to 
BOX, relative to the total national Customer volume in multiply-listed 
options classes.
    The current per contract rebate for Participants in PIP and COPIP 
Transactions under the BVR is:

----------------------------------------------------------------------------------------------------------------
                                                                                     Per contract rebate  (all
                                              Percentage thresholds of national           account types)
                    Tier                      customer volume in multiply-listed -------------------------------
                                                  options classes  (monthly)            PIP            COPIP
----------------------------------------------------------------------------------------------------------------
1..........................................  0.000% to 0.159%...................         ($0.00)         ($0.00)
2..........................................  0.160% to 0.339%...................         ($0.04)         ($0.02)
3..........................................  0.340% to 0.849%...................         ($0.11)         ($0.04)
4..........................................  0.850% and Above...................         ($0.14)         ($0.06)
----------------------------------------------------------------------------------------------------------------

    The Exchange proposes to adjust the BVR percentage threshold for 
Tier 3 to ``0.340% to 0.99%'' and Tier 4 to ``1.00% and Above.'' The 
quantity submitted will continue to be calculated on a monthly basis by 
totaling the Participant's PIP and COPIP volume submitted to BOX, 
relative to the total national Customer volume in multiply-listed 
options classes.
    The new BVR set forth in Section I.B.2 of the BOX Fee Schedule will 
be as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                     Per contract rebate  (all
                                              Percentage thresholds of national           account types)
                    Tier                      customer volume in multiply-listed -------------------------------
                                                  options classes  (monthly)            PIP            COPIP
----------------------------------------------------------------------------------------------------------------
1..........................................  0.000% to 0.159%...................         ($0.00)         ($0.00)
2..........................................  0.160% to 0.339%...................         ($0.04)         ($0.02)
3..........................................  0.340% to 0.99%....................         ($0.11)         ($0.04)
4..........................................  1.00% and Above....................         ($0.14)         ($0.06)
----------------------------------------------------------------------------------------------------------------

    Lastly, the Exchange is proposing to remove reference and 
information relating to Mini Options, as the Exchange no longer lists 
or trades Mini Options and has no current plans to do so.
    The Exchange added rules relating to the listing of Mini Options 
(options overlying 10 shares of stock) in 2013 \5\ and later changed 
its Fee Schedule to address the treatment of Mini Options, including 
establishing transactions fees for these products.\6\ However, the 
Exchange no longer lists or trades Mini Option series, and has no 
current plans to do so and proposes to strip references, and charges 
related to, Mini Options from the Fee Schedule.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 68771 (January 30, 
2013), 78 FR 8208 (February 5, 2013) (Notice of Filing and Immediate 
Effectiveness SR-BOX-2013-07).
    \6\ See Securities Exchange Act Release No. 69202 (March 21, 
2013), 78 FR 18642 (March 27, 2013) (Notice of Filing and Immediate 
Effectiveness SR-BOX-2013-15).

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

[[Page 22135]]

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,\7\ 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes the proposed amendments to the Tiered Fee 
Schedule for Initiating Participants in Section I.B.1. of the BOX Fee 
Schedule are reasonable, equitable and non-discriminatory. The reduced 
fees related to trading activity in BOX Auction Transactions are 
available to all BOX Options Participants that initiate Auction 
Transactions, and they may choose whether or not to trade on BOX to 
take advantage of the discounted fees for doing so. The Exchange also 
believes adjusting certain percentage thresholds within the tiers and a 
fee associated with a tier is reasonable and appropriate, as this 
Tiered Fee Schedule is in place to provide incentives to BOX 
Participants to submit their customer order into the PIP for potential 
price improvement. Further, the Exchange believes the proposed 
thresholds and fees remain competitive when compared to the auction 
transaction fees on other exchanges.\8\
---------------------------------------------------------------------------

    \8\ Comparative fees at other exchanges range from $0.05 to 
$0.30. See Section IV of the Phlx Pricing Schedule entitled ``PIXL 
Pricing''; International Securities Exchange (``ISE'') Schedule of 
Fees, Section I. Regular Order Fees and Rebates ``Select Symbols.''
---------------------------------------------------------------------------

    The Exchange also believes the proposed amendments to the BVR in 
Section I.B of the BOX Fee Schedule are reasonable, equitable and non-
discriminatory. The BVR was adopted to attract Public Customer order 
flow to the Exchange by offering these Participants incentives to 
submit their PIP and COPIP Orders to the Exchange and the Exchange 
believes it is appropriate to now amend the BVR. The Exchange believes 
it is equitable and not unfairly discriminatory to amend the BVR, as 
all Participants have the ability to qualify for a rebate, and rebates 
are provided equally to qualifying Participants. Finally, the Exchange 
believes it is reasonable and appropriate to continue to provide 
incentives for Public Customers, which will result in greater liquidity 
and ultimately benefit all Participants trading on the Exchange.
    BOX believes it is reasonable, equitable and not unfairly 
discriminatory to adjust the monthly Percentage Thresholds of National 
Customer Volume in Multiply-Listed Options Classes. The volume 
thresholds and applicable rebates are meant to incentivize Participants 
to direct order flow to the Exchange to obtain the benefit of the 
rebate, which will in turn benefit all market participants by 
increasing liquidity on the Exchange. Other exchanges employ similar 
incentive programs; \9\ and the Exchange believes that the proposed 
changes to the volume thresholds and rebates are reasonable and 
competitive when compared to incentive structures at other exchanges.
---------------------------------------------------------------------------

    \9\ See Section B of the PHLX Pricing Schedule entitled 
``Customer Rebate Program;'' ISE Gemini's Qualifying Tier Thresholds 
(page 6 of the ISE Gemini Fee Schedule); and CBOE's Volume Incentive 
Program (VIP).
---------------------------------------------------------------------------

    Lastly, the Exchange believes the proposed change to remove 
references and information relating to Mini Options from the Fee 
Schedule is reasonable, equitable, and not unfairly discriminatory, as 
the Exchange no longer lists or trades Mini-option series and has no 
intention to do so at this time. Thus, removing outmoded references on 
the Fee Schedule would alleviate potential investor confusion and 
improve the clarity and transparency of the Fee Schedule. The proposed 
change is also reasonable, equitable, and not unfairly discriminatory 
as it applies to all market participants.

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 is simply 
proposing to revise certain qualification thresholds and fees in the 
Section I.B. of the BOX Fee Schedule. The Exchange believes that the 
volume based rebates and fees increase intermarket and intramarket 
competition by incenting Participants to direct their order flow to the 
exchange, which benefits all participants by providing more trading 
opportunities and improves competition on the Exchange. The Exchange 
also believes the removal of references to Mini Options will not impose 
any burden on competition but will serve to promote regulatory clarity 
and consistency, thereby reducing burdens on the marketplace and 
facilitating investor protection.

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 [email protected]. Please include 
File Number SR-BOX-2016-14 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-2016-14. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the

[[Page 22136]]

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-2016-14, and should be 
submitted on or before May 5, 2016.

    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. 2016-08559 Filed 4-13-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                            Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices                                                                                    22133

                                                  SECURITIES AND EXCHANGE                                                  Affairs, Office of Management and                                        certain qualification thresholds and fees
                                                  COMMISSION                                                               Budget, Room 10102, New Executive                                        in Section I.B. of the BOX Fee Schedule
                                                                                                                           Office Building, Washington, DC 20503,                                   on the BOX Market LLC (‘‘BOX’’)
                                                  Submission for OMB Review;                                               or by sending an email to: Shagufta_                                     options facility. While changes to the
                                                  Comment Request                                                          Ahmed@omb.eop.gov; and (ii) Pamela                                       fee schedule pursuant to this proposal
                                                                                                                           Dyson, Director/Chief Information                                        will be effective upon filing, the changes
                                                  Upon Written Request Copies Available
                                                                                                                           Officer, Securities and Exchange                                         will become operative on April 1, 2016.
                                                   From: Securities and Exchange
                                                                                                                           Commission, c/o Remi Pavlik-Simon,                                       The text of the proposed rule change is
                                                   Commission, Office of FOIA Services,
                                                                                                                           100 F Street NE., Washington, DC 20549                                   available from the principal office of the
                                                   100 F Street NE., Washington, DC
                                                                                                                           or send an email to: PRA_Mailbox@                                        Exchange, at the Commission’s Public
                                                   20549–2736.
                                                                                                                           sec.gov. Comments must be submitted to                                   Reference Room and also on the
                                                     Extension: Form F–7, OMB Control No.                                  OMB within 30 days of this notice.                                       Exchange’s Internet Web site at http://
                                                       3235–0383, SEC File No. 270–331                                                                                                              boxexchange.com.
                                                                                                                             Dated: April 8, 2016.
                                                     Notice is hereby given that, pursuant                                 Robert W. Errett,                                                        II. Self-Regulatory Organization’s
                                                  to the Paperwork Reduction Act of 1995                                   Deputy Secretary.                                                        Statement of the Purpose of, and
                                                  (44 U.S.C. 3501 et seq.), the Securities
                                                                                                                           [FR Doc. 2016–08550 Filed 4–13–16; 8:45 am]                              Statutory Basis for, the Proposed Rule
                                                  and Exchange Commission
                                                                                                                           BILLING CODE 8011–01–P                                                   Change
                                                  (‘‘Commission’’) has submitted to the
                                                  Office of Management and Budget this                                                                                                                In its filing with the Commission, the
                                                  request for extension of the previously                                  SECURITIES AND EXCHANGE                                                  Exchange included statements
                                                  approved collection of information                                       COMMISSION                                                               concerning the purpose of and basis for
                                                  discussed below.                                                                                                                                  the proposed rule change and discussed
                                                     Form F–7 (17 CFR 239.37) is a                                         [Release No. 34–77572; File No. SR–BOX–                                  any comments it received on the
                                                  registration statement under the                                         2016–14]
                                                                                                                                                                                                    proposed rule change. The text of these
                                                  Securities Act of 1933 (15 U.S.C. 77a et                                                                                                          statements may be examined at the
                                                                                                                           Self-Regulatory Organizations; BOX
                                                  seq.) used to register securities that are                                                                                                        places specified in Item IV below. The
                                                                                                                           Options Exchange LLC; Notice of
                                                  offered for cash upon the exercise of                                                                                                             Exchange has prepared summaries, set
                                                                                                                           Filing and Immediate Effectiveness of
                                                  rights granted to a registrant’s existing                                                                                                         forth in Sections A, B, and C below, of
                                                                                                                           a Proposed Rule Change To Amend
                                                  security holders to purchase or                                                                                                                   the most significant aspects of such
                                                                                                                           the Fee Schedule on the BOX Market
                                                  subscribe such securities. The                                                                                                                    statements.
                                                                                                                           LLC (‘‘BOX’’) Options Facility
                                                  information collected is intended to
                                                  ensure that the information required to                                  April 8, 2016.                                                           A. Self-Regulatory Organization’s
                                                  be filed by the Commission permits                                          Pursuant to Section 19(b)(1) of the                                   Statement of the Purpose of, and
                                                  verification of compliance with                                          Securities Exchange Act of 1934 (the                                     Statutory Basis for, the Proposed Rule
                                                  securities law requirements and assures                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                   Change
                                                  the public availability of such                                          notice is hereby given that on March 31,                                 1. Purpose
                                                  information. The information provided                                    2016, BOX Options Exchange LLC (the
                                                  is mandatory and all information is                                      ‘‘Exchange’’) filed with the Securities                                     The Exchange proposes to amend the
                                                  made available to the public upon                                        and Exchange Commission                                                  Fee Schedule for trading on BOX.
                                                  request. Form F–7 takes approximately                                    (‘‘Commission’’) the proposed rule                                       Specifically, the Exchange proposes to
                                                  4 hours per response to prepare and is                                   change as described in Items I, II, and                                  revise certain qualification thresholds
                                                  filed by approximately 5 respondents.                                    III below, which Items have been                                         and fees in Section I.B. of the BOX Fee
                                                  We estimate that 25% of 4 hours per                                      prepared by the Exchange. The                                            Schedule, the Tiered Fee Schedule for
                                                  response (one hour) is prepared by the                                   Exchange filed the proposed rule change                                  Initiating Participants and BOX Volume
                                                  company for a total annual reporting                                     pursuant to Section 19(b)(3)(A)(ii) of the                               Rebate (‘‘BVR’’).
                                                  burden of 5 hours (one hour per                                          Act,3 and Rule 19b–4(f)(2) thereunder,4                                     Under the Tiered Fee Schedule for
                                                  response × 5 responses).                                                 which renders the proposal effective                                     Initiating Participants, the Exchange
                                                     An agency may not conduct or                                          upon filing with the Commission. The                                     assesses a per contract execution fee to
                                                  sponsor, and a person is not required to                                 Commission is publishing this notice to                                  all Primary Improvement Order
                                                  respond to, a collection of information                                  solicit comments on the proposed rule                                    executions initiated by the particular
                                                  unless it displays a currently valid                                     change from interested persons.                                          Initiating Participant. Percentage
                                                  control number.                                                                                                                                   thresholds are calculated on a monthly
                                                     The public may view the background                                    I. Self-Regulatory Organization’s                                        basis by totaling the Initiating
                                                  documentation for this information                                       Statement of the Terms of the Substance                                  Participant’s Primary Improvement
                                                  collection at the following Web site,                                    of the Proposed Rule Change                                              Order volume submitted to BOX,
                                                  www.reginfo.gov. Comments should be                                         The Exchange is filing with the                                       relative to the total national Customer
                                                  directed to: (i) Desk Officer for the                                    Securities and Exchange Commission                                       volume in multiply-listed options
                                                  Securities and Exchange Commission,                                      (‘‘Commission’’) a proposed rule change                                  classes. The current tiered fee schedule
                                                  Office of Information and Regulatory                                     to amend the Fee Schedule to revise                                      for Initiating Participants is as follows:

                                                                                                                                                                                                                                                   Per contract
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                       Percentage thresholds of national customer volume in multiply-listed options classes                                                              fee
                                                                  Tier                                                                      (monthly)                                                                                              (all account
                                                                                                                                                                                                                                                       types)

                                                  1 .....................................   0.000%–0.079% ......................................................................................................................................          $0.25

                                                    1 15   U.S.C. 78s(b)(1).                                                  3 15   U.S.C. 78s(b)(3)(A)(ii).
                                                    2 17   CFR 240.19b–4.                                                     4 17   CFR 240.19b–4(f)(2).



                                             VerDate Sep<11>2014         17:56 Apr 13, 2016        Jkt 238001      PO 00000       Frm 00086       Fmt 4703      Sfmt 4703      E:\FR\FM\14APN1.SGM             14APN1


                                                  22134                                        Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices

                                                                                                                                                                                                                                                       Per contract
                                                                                                           Percentage thresholds of national customer volume in multiply-listed options classes                                                              fee
                                                                   Tier                                                                         (monthly)                                                                                              (all account
                                                                                                                                                                                                                                                           types)

                                                  2   .....................................     0.080%–0.159% ......................................................................................................................................            0.20
                                                  3   .....................................     0.160%–0.339% ......................................................................................................................................            0.12
                                                  4   .....................................     0.340%–0.849% ......................................................................................................................................            0.07
                                                  5   .....................................     0.850% and Above ..................................................................................................................................             0.03



                                                     The Exchange proposes to adjust the                                        to raise the fee associated with Tier 5                                   forth in Section I.B.1. of the BOX Fee
                                                  percentage thresholds in Tiers 3 through                                      from $0.03 to $0.05. The new Tiered Fee                                   Schedule will be as follows:
                                                  5. Additionally, the Exchange proposes                                        Schedule for Initiating Participants set

                                                                                                                                                                                                                                                       Per contract
                                                                                                           Percentage thresholds of national customer volume in multiply-listed options classes                                                              fee
                                                                   Tier                                                                         (monthly)                                                                                              (all account
                                                                                                                                                                                                                                                           types)

                                                  1   .....................................     0.000%–0.079% ......................................................................................................................................          $0.25
                                                  2   .....................................     0.080%–0.159% ......................................................................................................................................           0.20
                                                  3   .....................................     0.160%–0.499% ......................................................................................................................................           0.12
                                                  4   .....................................     0.500%–0.999% ......................................................................................................................................           0.07
                                                  5   .....................................     1.000% and Above ..................................................................................................................................            0.05



                                                    Next, the Exchange proposes to revise                                       orders of 100 contracts and under.                                        national Customer volume in multiply-
                                                  certain qualification thresholds in the                                       Percentage thresholds are calculated on                                   listed options classes.
                                                  BVR. Under the current BVR, the                                               a monthly basis by totaling the                                              The current per contract rebate for
                                                  Exchange offers a tiered per contract                                         Participant’s PIP and COPIP volume                                        Participants in PIP and COPIP
                                                  rebate for all PIP Orders and COPIP                                           submitted to BOX, relative to the total                                   Transactions under the BVR is:

                                                                                                                                                                                                                                      Per contract rebate
                                                                                              Percentage thresholds of national customer volume in multiply-listed options classes                                                    (all account types)
                                                                 Tier                                                              (monthly)
                                                                                                                                                                                                                                      PIP                COPIP

                                                  1   ................................   0.000%        to 0.159% ............................................................................................................            ($0.00)             ($0.00)
                                                  2   ................................   0.160%        to 0.339% ............................................................................................................            ($0.04)             ($0.02)
                                                  3   ................................   0.340%        to 0.849% ............................................................................................................            ($0.11)             ($0.04)
                                                  4   ................................   0.850%        and Above ...........................................................................................................             ($0.14)             ($0.06)



                                                     The Exchange proposes to adjust the                                        on a monthly basis by totaling the                                           The new BVR set forth in Section
                                                  BVR percentage threshold for Tier 3 to                                        Participant’s PIP and COPIP volume                                        I.B.2 of the BOX Fee Schedule will be
                                                  ‘‘0.340% to 0.99%’’ and Tier 4 to                                             submitted to BOX, relative to the total                                   as follows:
                                                  ‘‘1.00% and Above.’’ The quantity                                             national Customer volume in multiply-
                                                  submitted will continue to be calculated                                      listed options classes.

                                                                                                                                                                                                                                      Per contract rebate
                                                                                              Percentage thresholds of national customer volume in multiply-listed options classes                                                    (all account types)
                                                                 Tier                                                              (monthly)
                                                                                                                                                                                                                                      PIP                COPIP

                                                  1   ................................   0.000% to 0.159% ............................................................................................................                   ($0.00)             ($0.00)
                                                  2   ................................   0.160% to 0.339% ............................................................................................................                   ($0.04)             ($0.02)
                                                  3   ................................   0.340% to 0.99% ..............................................................................................................                  ($0.11)             ($0.04)
                                                  4   ................................   1.00% and Above .............................................................................................................                   ($0.14)             ($0.06)



                                                    Lastly, the Exchange is proposing to                                        overlying 10 shares of stock) in 2013 5                                   Exchange no longer lists or trades Mini
                                                  remove reference and information                                              and later changed its Fee Schedule to                                     Option series, and has no current plans
                                                  relating to Mini Options, as the                                              address the treatment of Mini Options,                                    to do so and proposes to strip
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Exchange no longer lists or trades Mini                                       including establishing transactions fees                                  references, and charges related to, Mini
                                                  Options and has no current plans to do                                        for these products.6 However, the                                         Options from the Fee Schedule.
                                                  so.
                                                                                                                                   5 See Securities Exchange Act Release No. 68771
                                                    The Exchange added rules relating to                                        (January 30, 2013), 78 FR 8208 (February 5, 2013)
                                                  the listing of Mini Options (options                                          (Notice of Filing and Immediate Effectiveness SR–
                                                                                                                                BOX–2013–07).
                                                                                                                                   6 See Securities Exchange Act Release No. 69202                        (Notice of Filing and Immediate Effectiveness SR–
                                                                                                                                (March 21, 2013), 78 FR 18642 (March 27, 2013)                            BOX–2013–15).



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                                                                                 Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices                                              22135

                                                  2. Statutory Basis                                       discriminatory to adjust the monthly                  C. Self-Regulatory Organization’s
                                                     The Exchange believes that the                        Percentage Thresholds of National                     Statement on Comments on the
                                                  proposal is consistent with the                          Customer Volume in Multiply-Listed                    Proposed Rule Change Received From
                                                  requirements of Section 6(b) of the Act,                 Options Classes. The volume thresholds                Members, Participants, or Others
                                                  in general, and Section 6(b)(4) and                      and applicable rebates are meant to                     No written comments were either
                                                  6(b)(5) of the Act,7 in particular, in that              incentivize Participants to direct order              solicited or received.
                                                  it provides for the equitable allocation                 flow to the Exchange to obtain the
                                                                                                                                                                 III. Date of Effectiveness of the
                                                  of reasonable dues, fees, and other                      benefit of the rebate, which will in turn
                                                                                                                                                                 Proposed Rule Change and Timing for
                                                  charges among BOX Participants and                       benefit all market participants by
                                                                                                                                                                 Commission Action
                                                  other persons using its facilities and                   increasing liquidity on the Exchange.
                                                  does not unfairly discriminate between                   Other exchanges employ similar                           The foregoing rule change has become
                                                  customers, issuers, brokers or dealers.                  incentive programs; 9 and the Exchange                effective pursuant to Section
                                                     The Exchange believes the proposed                    believes that the proposed changes to                 19(b)(3)(A)(ii) of the Exchange Act 10
                                                  amendments to the Tiered Fee Schedule                    the volume thresholds and rebates are                 and Rule 19b–4(f)(2) thereunder,11
                                                  for Initiating Participants in Section                   reasonable and competitive when                       because it establishes or changes a due,
                                                  I.B.1. of the BOX Fee Schedule are                       compared to incentive structures at                   or fee.
                                                                                                                                                                    At any time within 60 days of the
                                                  reasonable, equitable and non-                           other exchanges.                                      filing of the proposed rule change, the
                                                  discriminatory. The reduced fees related                    Lastly, the Exchange believes the                  Commission summarily may
                                                  to trading activity in BOX Auction                       proposed change to remove references                  temporarily suspend the rule change if
                                                  Transactions are available to all BOX                    and information relating to Mini                      it appears to the Commission that the
                                                  Options Participants that initiate
                                                                                                           Options from the Fee Schedule is                      action is necessary or appropriate in the
                                                  Auction Transactions, and they may
                                                                                                           reasonable, equitable, and not unfairly               public interest, for the protection of
                                                  choose whether or not to trade on BOX
                                                                                                           discriminatory, as the Exchange no                    investors, or would otherwise further
                                                  to take advantage of the discounted fees
                                                                                                           longer lists or trades Mini-option series             the purposes of the Act. If the
                                                  for doing so. The Exchange also believes
                                                                                                           and has no intention to do so at this                 Commission takes such action, the
                                                  adjusting certain percentage thresholds
                                                                                                           time. Thus, removing outmoded                         Commission shall institute proceedings
                                                  within the tiers and a fee associated
                                                                                                           references on the Fee Schedule would                  to determine whether the proposed rule
                                                  with a tier is reasonable and
                                                                                                           alleviate potential investor confusion                should be approved or disapproved.
                                                  appropriate, as this Tiered Fee Schedule
                                                  is in place to provide incentives to BOX                 and improve the clarity and                           IV. Solicitation of Comments
                                                  Participants to submit their customer                    transparency of the Fee Schedule. The
                                                                                                           proposed change is also reasonable,                     Interested persons are invited to
                                                  order into the PIP for potential price                                                                         submit written data, views, and
                                                  improvement. Further, the Exchange                       equitable, and not unfairly
                                                                                                           discriminatory as it applies to all market            arguments concerning the foregoing,
                                                  believes the proposed thresholds and                                                                           including whether the proposed rule
                                                  fees remain competitive when compared                    participants.
                                                                                                                                                                 change is consistent with the Act.
                                                  to the auction transaction fees on other                 B. Self-Regulatory Organization’s                     Comments may be submitted by any of
                                                  exchanges.8                                              Statement on Burden on Competition                    the following methods:
                                                     The Exchange also believes the
                                                  proposed amendments to the BVR in                          The Exchange does not believe that                  Electronic Comments
                                                  Section I.B of the BOX Fee Schedule are                  the proposed rule change will impose                    • Use the Commission’s Internet
                                                  reasonable, equitable and non-                           any burden on competition not                         comment form (http://www.sec.gov/
                                                  discriminatory. The BVR was adopted to                   necessary or appropriate in furtherance               rules/sro.shtml); or
                                                  attract Public Customer order flow to                    of the purposes of the Act. The                         • Send an email to rule-comments@
                                                  the Exchange by offering these                           Exchange is simply proposing to revise                sec.gov. Please include File Number SR–
                                                  Participants incentives to submit their                  certain qualification thresholds and fees             BOX–2016–14 on the subject line.
                                                  PIP and COPIP Orders to the Exchange                     in the Section I.B. of the BOX Fee                    Paper Comments
                                                  and the Exchange believes it is                          Schedule. The Exchange believes that
                                                  appropriate to now amend the BVR. The                    the volume based rebates and fees                       • Send paper comments in triplicate
                                                  Exchange believes it is equitable and not                increase intermarket and intramarket                  to Secretary, Securities and Exchange
                                                  unfairly discriminatory to amend the                     competition by incenting Participants to              Commission, 100 F Street NE.,
                                                  BVR, as all Participants have the ability                direct their order flow to the exchange,              Washington, DC 20549–1090.
                                                  to qualify for a rebate, and rebates are                 which benefits all participants by                    All submissions should refer to File
                                                  provided equally to qualifying                           providing more trading opportunities                  Number SR–BOX–2016–14. This file
                                                  Participants. Finally, the Exchange                      and improves competition on the                       number should be included on the
                                                  believes it is reasonable and appropriate                Exchange. The Exchange also believes                  subject line if email is used. To help the
                                                  to continue to provide incentives for                    the removal of references to Mini                     Commission process and review your
                                                  Public Customers, which will result in                   Options will not impose any burden on                 comments more efficiently, please use
                                                  greater liquidity and ultimately benefit                                                                       only one method. The Commission will
                                                                                                           competition but will serve to promote
                                                  all Participants trading on the Exchange.                                                                      post all comments on the Commission’s
                                                                                                           regulatory clarity and consistency,
                                                     BOX believes it is reasonable,                                                                              Internet Web site (http://www.sec.gov/
                                                                                                           thereby reducing burdens on the
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                                                  equitable and not unfairly                                                                                     rules/sro.shtml). Copies of the
                                                                                                           marketplace and facilitating investor
                                                                                                                                                                 submission, all subsequent
                                                                                                           protection.
                                                    7 15 U.S.C. 78f(b)(4) and (5).                                                                               amendments, all written statements
                                                    8 Comparative  fees at other exchanges range from                                                            with respect to the proposed rule
                                                  $0.05 to $0.30. See Section IV of the Phlx Pricing         9 See Section B of the PHLX Pricing Schedule

                                                  Schedule entitled ‘‘PIXL Pricing’’; International        entitled ‘‘Customer Rebate Program;’’ ISE Gemini’s
                                                                                                                                                                 change that are filed with the
                                                  Securities Exchange (‘‘ISE’’) Schedule of Fees,          Qualifying Tier Thresholds (page 6 of the ISE
                                                                                                                                                                   10 15   U.S.C. 78s(b)(3)(A)(ii).
                                                  Section I. Regular Order Fees and Rebates ‘‘Select       Gemini Fee Schedule); and CBOE’s Volume
                                                  Symbols.’’                                               Incentive Program (VIP).                                11 17   CFR 240.19b–4(f)(2).



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                                                  22136                          Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices

                                                  Commission, and all written                             Register on February 25, 2016.3 On                    SECURITIES AND EXCHANGE
                                                  communications relating to the                          April 7, 2016, the Exchange submitted                 COMMISSION
                                                  proposed rule change between the                        Amendment No. 1 to the proposed rule                  [Release No. 34–77565; File No. SR–FINRA–
                                                  Commission and any person, other than                   change.4 The Commission received no                   2016–005]
                                                  those that may be withheld from the                     comment letters on the proposed rule
                                                  public in accordance with the                           change.                                               Self-Regulatory Organizations;
                                                  provisions of 5 U.S.C. 552, will be                                                                           Financial Industry Regulatory
                                                  available for Web site viewing and                        Section 19(b)(2) of the Act 5 provides
                                                                                                          that, within 45 days of the publication               Authority, Inc.; Order Approving a
                                                  printing in the Commission’s Public                                                                           Proposed Rule Change To Reduce the
                                                  Reference Room, 100 F Street NE.,                       of notice of the filing of a proposed rule
                                                                                                                                                                Synchronization Tolerance for
                                                  Washington, DC 20549 on official                        change, or within such longer period up
                                                                                                                                                                Computer Clocks That Are Used To
                                                  business days between the hours of                      to 90 days as the Commission may
                                                                                                                                                                Record Events in NMS Securities and
                                                  10:00 a.m. and 3:00 p.m. Copies of such                 designate if it finds such longer period              OTC Equity Securities
                                                  filing also will be available for                       to be appropriate and publishes its
                                                  inspection and copying at the principal                 reasons for so finding or as to which the             April 8, 2016.
                                                  office of the Exchange. All comments                    self-regulatory organization consents,                I. Introduction
                                                  received will be posted without change;                 the Commission shall either approve the
                                                  the Commission does not edit personal                   proposed rule change, disapprove the                     On February 9, 2016, the Financial
                                                  identifying information from                                                                                  Industry Regulatory Authority, Inc.
                                                                                                          proposed rule change, or institute
                                                  submissions. You should submit only                                                                           (‘‘FINRA’’) filed with the Securities and
                                                                                                          proceedings to determine whether the
                                                  information that you wish to make                                                                             Exchange Commission (‘‘Commission’’)
                                                                                                          proposed rule change should be                        pursuant to Section 19(b)(1) of the
                                                  available publicly. All submissions                     disapproved. The Commission is
                                                  should refer to File Number SR–BOX–                                                                           Securities Exchange Act of 1934
                                                                                                          extending this 45-day time period.                    (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a
                                                  2016–14, and should be submitted on or
                                                  before May 5, 2016.                                       The Commission finds that it is                     proposed rule change to reduce the
                                                                                                          appropriate to designate a longer period              synchronization tolerance for computer
                                                    For the Commission, by the Division of                                                                      clocks that are used to record events in
                                                  Trading and Markets, pursuant to delegated
                                                                                                          within which to take action on the
                                                  authority.12                                            proposed rule change so that it has                   NMS Securities, including standardized
                                                                                                          sufficient time to consider the proposed              options and OTC Equity Securities. The
                                                  Robert W. Errett,
                                                                                                          rule change. Accordingly, the                         proposed rule change was published for
                                                  Deputy Secretary.
                                                                                                          Commission, pursuant to Section                       comment in the Federal Register on
                                                  [FR Doc. 2016–08559 Filed 4–13–16; 8:45 am]                                                                   February 25, 2016.3 Four comments
                                                                                                          19(b)(2) of the Act,6 designates May 25,
                                                  BILLING CODE 8011–01–P
                                                                                                          2016, as the date by which the                        were received in response to the
                                                                                                                                                                proposal.4 This order approves the
                                                                                                          Commission should either approve or
                                                                                                                                                                proposed rule change.
                                                  SECURITIES AND EXCHANGE                                 disapprove or institute proceedings to
                                                  COMMISSION                                              determine whether to disapprove the                   II. Description of the Proposed Rule
                                                                                                          proposed rule change (File Number SR–                 Change
                                                  [Release No. 34–77571; File No. SR–
                                                  NYSEArca–2016–28]                                       NYSEArca–2016–28), as modified                           FINRA rules require that firms
                                                                                                          byAmendment No. 1.                                    synchronize their business clocks in
                                                  Self-Regulatory Organizations; NYSE                       For the Commission, by the Division of              conformity with procedures prescribed
                                                  Arca, Inc.; Notice of Designation of a                  Trading and Markets, pursuant to delegated            by FINRA. Specifically, FINRA Rule
                                                  Longer Period for Commission Action                     authority.7                                           7430 requires that firms synchronize
                                                  on a Proposed Rule Change, as                                                                                 their business clocks that are used for
                                                                                                          Robert W. Errett,
                                                  Modified by Amendment No. 1, To List                                                                          purposes of recording the date and time
                                                  and Trade of Shares of RiverFront                       Deputy Secretary.                                     of any event that must be recorded
                                                  Dynamic US Dividend Advantage ETF                       [FR Doc. 2016–08558 Filed 4–13–16; 8:45 am]           pursuant to the FINRA By-Laws or other
                                                  and RiverFront Dynamic US Flex-Cap                      BILLING CODE 8011–01–P                                FINRA rules (i.e., the time a trade was
                                                  ETF Under NYSE Arca Equities Rule                                                                             executed or the time an order was
                                                  8.600                                                                                                         received or routed), with reference to a
                                                                                                                                                                time source as designated by FINRA.
                                                  April 8, 2016.
                                                                                                                                                                Current OATS technical specifications
                                                     On February 5, 2016, NYSE Arca, Inc.                                                                       provide that all computer system clocks
                                                  (‘‘Exchange’’) filed with the Securities                                                                      and mechanical time stamping devices
                                                  and Exchange Commission                                                                                       must be synchronized to within one
                                                  (‘‘Commission’’), pursuant to Section
                                                  19(b)(1) of the Securities Exchange Act                                                                         1 15  U.S.C. 78s(b)(1).
                                                  of 1934 (‘‘Act’’) 1 and Rule 19b–4                                                                              2 17  CFR 240.19b–4.
                                                  thereunder,2 a proposed rule change to                                                                           3 See Securities Exchange Act Release No. 77196

                                                  list and trade shares (‘‘Shares’’) of the                                                                     (Feb. 19, 2016), 81 FR 9550 (‘‘Notice’’).
                                                  following under NYSE Arca Equities                                                                               4 See Letter from Kermit Kubitz, dated March 18,

                                                  Rule 8.600: RiverFront Dynamic US                                                                             2016 (‘‘Kubitz Letter’’); Letter from Dave Lauer,
                                                                                                                                                                Chairman, Healthy Markets Association, to Brent J.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Dividend Advantage ETF and                                3 See Securities Exchange Act Release No. 34–
                                                                                                                                                                Fields, Secretary, Commission, dated March 17,
                                                  RiverFront Dynamic US Flex-Cap ETF.                     77183 (February 19, 2016), 81 FR 9535 (February       2016 (‘‘Healthy Markets Letter); Letter from
                                                  The Commission published notice of the                  25, 2016) (NYSEArca–2016–28).                         Manisha Kimmel, Chief Regulatory Officer, Wealth
                                                  proposed rule change in the Federal                       4 Amendment No. 1 replaced and superseded the       Management, Thompson Reuters, to Brent J. Fields,
                                                                                                          original filing in its entirety.                      Secretary, Commission, dated March 17, 2015
                                                                                                            5 15 U.S.C. 78s(b)(2).
                                                                                                                                                                (‘‘Reuters Letter’’); Letter from Mary Lou Von
                                                    12 17 CFR 200.30–3(a)(12).                                                                                  Kaenel, Managing Director, Financial Information
                                                    1 15                                                    6 Id.
                                                         U.S.C. 78s(b)(1).                                                                                      Forum, to Brent J. Fields, Secretary, Commission,
                                                    2 17 CFR 240.19b–4.                                     7 17 CFR 200.30–3(a)(31).                           dated March 22, 2016 (‘‘FIF Letter’’).



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Document Created: 2018-02-07 13:47:56
Document Modified: 2018-02-07 13:47:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 22133 

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