81_FR_25555 81 FR 25473 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To (i) Amend BOX Rule 7280 (Bulk Cancellation of Trading Interest) To Adopt a Kill Switch and (ii) Amend BOX Rule 7110 (Order Entry) To Modify the Circumstances That Will Prevent a Session Order From Being Cancelled

81 FR 25473 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To (i) Amend BOX Rule 7280 (Bulk Cancellation of Trading Interest) To Adopt a Kill Switch and (ii) Amend BOX Rule 7110 (Order Entry) To Modify the Circumstances That Will Prevent a Session Order From Being Cancelled

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 82 (April 28, 2016)

Page Range25473-25475
FR Document2016-09900

Federal Register, Volume 81 Issue 82 (Thursday, April 28, 2016)
[Federal Register Volume 81, Number 82 (Thursday, April 28, 2016)]
[Notices]
[Pages 25473-25475]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09900]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77692; File No. SR-BOX-2016-16]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To (i) 
Amend BOX Rule 7280 (Bulk Cancellation of Trading Interest) To Adopt a 
Kill Switch and (ii) Amend BOX Rule 7110 (Order Entry) To Modify the 
Circumstances That Will Prevent a Session Order From Being Cancelled

April 22, 2016.
    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 April 11, 2016, BOX Options Exchange LLC (``BOX'' or 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 (i) amend BOX Rule 7280 (Bulk Cancellation 
of Trading Interest) to adopt a Kill Switch and (ii) amend BOX Rule 
7110 (Order Entry) to modify the circumstances that will prevent a 
Session Order from being cancelled. The text of the proposed rule 
change is available from the principal office of the Exchange, at the 
Commission's Public Reference Room and also on the Exchange's Internet 
Web site at http://boxexchange.com.

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

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of these statements may be examined at 
the places specified in Item IV below. The self-regulatory organization 
has prepared summaries, set forth in Sections A, B, and C below, of the 
most significant aspects of such statements.

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

1. Purpose
    The Exchange is proposing enhancements to the risk controls on the 
Exchange. Specifically, the Exchange is proposing to amend BOX Rule 
7280 (Bulk Cancellation of Trading Interest) to adopt a Kill Switch and 
to also amend BOX Rule 7110 (Order Entry) to modify the circumstances 
that will prevent a Session Order from being cancelled.
Kill Switch
    The Exchange proposes to amend Rule 7280 (Bulk Cancellation of 
Trading Interest) to add new section (b) to adopt the Kill Switch. The 
Kill Switch will be an optional tool that enables Participants to 
initiate a message to the BOX system to remove a Participant's quotes 
and/or cancel the Participant's orders. When submitting a request to 
the system to remove/cancel quotes and/or orders, a Participant must 
provide the Options Participant identification number (``Participant 
ID''). Additionally, the Participant may, but is not required to, 
specify a specific underlying security, class, or account type when 
requesting the system to remove/cancel quotes and/or orders. The system 
will send an automated message to the Participant when a Kill Switch 
request has been processed by the system. A Participant may also call 
the MOC \3\ directly to request initiation of the Kill Switch if the 
Participant is not able to send the message to the BOX system directly.
---------------------------------------------------------------------------

    \3\ The term ``MOC'' or ``Market Operations Center'' means the 
BOX Market Operations Center, which provides market support for 
Options Participants during the trading day.
---------------------------------------------------------------------------

    When submitting a message to the system to initiate the Kill 
Switch, Participants may specify a lock-out instruction. The lock-out 
instruction prevents the entering of any additional orders and/or 
quotes from the specific Participant ID until re-entry has been 
enabled. If a lock-out is requested, all orders and quotes that 
originate from the Participant ID will be canceled, regardless of any 
other instructions in the message or any additional messages sent to 
the system. The Participant ID will remain locked-out until the 
Participant makes a verbal request to the MOC to re-enable the 
Participant ID.
Session Orders
    The Exchange currently offers a Session Order designation.\4\ An 
order with a Session Order designation will remain active in the BOX 
trading system until one of the following events (``Triggering Event'') 
occurs: (1) The connection between the Participant and BOX that was 
used to enter the order is interrupted; (2) there is a disconnection 
between internal BOX components used to process orders, causing a 
component to lose its connection to the Participant or the Trading Host 
\5\ while in possession of the Session Order; (3) a component of the 
Trading Host experiences a system error in which it is unable to 
process open orders while in possession of the Session Order.
---------------------------------------------------------------------------

    \4\ See Rule 7110(e)(1)(iii).
    \5\ The term ``Trading Host'' means the automated trading system 
used by BOX for the trading of options contracts.
---------------------------------------------------------------------------

    Currently, a Session Order will not be cancelled and shall remain 
active if the order is not allowed to be cancelled pursuant to another 
Exchange Rule or it is being processed under certain Exchange Rules 
when the Triggering Event occurs. Specifically, the Session Order will 
not be cancelled when: (1) The order is being exposed to the BOX market 
pursuant to Rule 7130(b); (2) the order is a Directed Order to which 
the

[[Page 25474]]

Executing Participant (``EP'') has not yet responded pursuant to Rule 
8040(d)(2); or (3) the order has been routed to an away exchange 
pursuant to Rule 15030; provided however, that any remainder of a 
Session Order returned by the away exchange will be cancelled upon its 
return to BOX. The Exchange is now proposing to amend the circumstances 
that will prevent a Session Order from being cancelled. Specifically, 
the Exchange is now proposing to allow an order with a Session Order 
designation to be cancelled when the order is being exposed to the BOX 
market and/or the order is a Directed Order to which the EP has not yet 
responded.\6\
---------------------------------------------------------------------------

    \6\ See Proposed Rule 7110 (e)(1)(iii)(C).
---------------------------------------------------------------------------

    The Exchange will provide Participants with notice, via Information 
Circular, about the implementation date of these proposed enhancements 
to the protections offered by the Exchange.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of Section 6(b) of the Securities Exchange Act of 1934 
(the ``Act''),\7\ in general, and Section 6(b)(5) of the Act,\8\ in 
particular, in that it is designed to prevent fraudulent and 
manipulative acts and practices, to promote just and equitable 
principles of trade, to foster cooperation and coordination with 
persons engaged in facilitating transactions in securities, to remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system, and, in general to protect investors and the 
public interest, by enhancing the risk protections available to 
Participants. The proposal promotes policy goals of the Commission 
which has encouraged execution venues, exchange and non-exchange alike, 
to enhance risk protection tools and other mechanisms to decrease risk 
and increase stability.
---------------------------------------------------------------------------

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

    The individual firm benefits of enhanced risk protections flow 
downstream to counterparties both at the Exchange and at other options 
exchanges, thereby increasing systemic protections as well. 
Additionally, because the Exchange offers this risk tool to all 
Participants, the Exchange believes it will encourage liquidity 
generally and remove impediments to and perfect the mechanism of a free 
and open market and a national market system, and protect investors and 
the public interest.
    This optional risk tool, as noted above, will be offered to all 
Participants on BOX. The Exchange further represents that its proposal 
will operate consistently with the firm quote obligations of a broker-
dealer pursuant to Rule 602 of Regulation NMS and that the 
functionality is not mandatory. Specifically, any interest that is 
executable against a Participant's quotes or orders that are received 
by the Exchange prior to the time the Kill Switch is processed by the 
system will automatically execute at the price up to the Participant's 
size. The Kill Switch message will be accepted by the system in the 
order of receipt in the queue and will be processed in that order so 
any interest that is already accepted into the system will be processed 
prior to the Kill Switch message.
    Market Makers' obligations to provide continuous two-sided quotes 
on a daily basis are not diminished by the removal of such quotes and/
or orders by utilizing the Kill Switch. Market Makers will be required 
to provide continuous two-sided quotes on a daily basis. Market Makers 
that utilize the Kill Switch will not be relieved of the obligation to 
provide continuous two-sided quotes on a daily basis, nor will it 
prohibit the Exchange from taking disciplinary action against a Market 
Maker for failing to meet the continuous quoting obligations each 
trading day.
    With respect to the proposed changes to the Session Order 
designation, the Exchange believes they are reasonable because they 
will expand the protections available to Participants transacting on 
the Exchange. Specifically, the proposed changes will protect investors 
and the public interest by allowing Participants to cancel their orders 
when a system issue occurs that infringes on the ability of a 
Participant to communicate with the Exchange's systems.
    The Exchange believes the proposed changes to the Session Order 
designation, specifically the deletion of the two exceptions to the 
Triggering Events dealing with an order being exposed and an order that 
is a Directed Order,\9\ is reasonable because they are not considered 
core exchange functions and the deletion of these exceptions to the 
Triggering Events will not affect a fair and orderly market and 
national market system. Further, the Exchange believes it is reasonable 
to keep the remaining exception to the Triggering Events, specifically 
when an order has been routed to an away exchange pursuant to Rule 
15030, in the rule text because it is out of the Exchange's control.
---------------------------------------------------------------------------

    \9\ See supra note 6.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule changes will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange believes the 
proposal will provide market participants with additional protections. 
The proposed rule change is meant to protect Participants in the event 
the Participant is suffering from a systems issue or from the 
occurrence of unusual or unexpected market activity that would require 
them to withdraw from the market. Reducing such risk will enable 
Participants to enter quotes and orders without fear of inadvertent 
exposure of excessive risk, which in turn will benefit investors 
through increased liquidity for the execution of their orders. Such 
increased liquidity benefits investors because they receive better 
prices and because it lowers volatility in the options market. The 
proposal does not impose an undue burden on intramarket competition 
because all Participants may avail themselves of the Kill Switch, which 
functionality will be optional. Additionally, the proposed protections 
relating to the Kill Switch are similar to those available on competing 
exchanges.\10\ For these reasons, the Exchange does not believe this 
proposal imposes an undue burden on inter-market competition; rather, 
the proposed rule change will have no impact on competition.
---------------------------------------------------------------------------

    \10\ See Ch. VI, Sec. 6(d) of the NASDAQ OMX BX, Inc. (``BX'') 
Rules, Ch. VI, Sec. 6(d) of the NASDAQ OMX (``NOM'') Rules. See also 
Securities Exchange Act Release Nos. 76116 (October 8, 2015), 80 FR 
199 (October 15, 2015) (Order Approving SR-BX-2015-50) and 76123 
(October 9, 2015), 80 FR 62591 (October 16, 2015) (Order Approving 
SR-NASDAQ-2015-096).
---------------------------------------------------------------------------

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\ 
Because the proposed rule change does not: (i) Significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on

[[Page 25475]]

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 \13\ and Rule 19b-4(f)(6) 
thereunder.\14\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to 
give the Commission written notice of the Exchange's intent to file 
the proposed rule change, along with a brief description and 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 satisfied this 
requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) under the Act 
\15\ normally does not become operative for 30 days after the date of 
filing. However, Rule 19b-4(f)(6)(iii) \16\ permits the Commission to 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposal 
may become operative immediately upon filing. The Exchange states that 
the proposed rule change is designed to protect Participants in the 
event a Participant is suffering from a systems issue or from the 
occurrence of unusual or unexpected market activity.\17\ To the extent 
that the Exchange's proposal provides member firms with greater control 
over their quotes and orders, and allows firms to remove quotes and 
cancel orders in an appropriate manner, then the proposal may encourage 
firms to provide liquidity on the Exchange and thus contribute to fair 
and orderly markets in a manner that protects the public interest, 
protects investors, and is not designed to permit unfair 
discrimination. The Commission notes that the proposal is similar to 
the rules of other exchanges \18\ and therefore does not raise any new, 
unique or substantive issues. Based on the foregoing, the Commission 
believes that waiving the 30-day operative delay is consistent with the 
protection of investors and the public interest.\19\ The Commission 
hereby grants the Exchange's request and designates the proposal 
operative upon filing.
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ See supra Section II.A.2.
    \18\ See supra note 10.
    \19\ 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-2016-16 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-2016-16. 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-2016-16, and should be 
submitted on or before May 19, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2016-09900 Filed 4-27-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices                                                    25473

                                                  Notice, and in Amendment No. 1 to the                    Items I and II below, which Items have                number (‘‘Participant ID’’).
                                                  proposed rule change. The Commission                     been prepared by the self-regulatory                  Additionally, the Participant may, but is
                                                  notes that a commenter has expressed                     organization. The Commission is                       not required to, specify a specific
                                                  support for the proposal.38 The                          publishing this notice to solicit                     underlying security, class, or account
                                                  Commission further notes that the Fund                   comments on the proposed rule from                    type when requesting the system to
                                                  and the Shares must comply with the                      interested persons.                                   remove/cancel quotes and/or orders.
                                                  requirements of Nasdaq Rule 5735,                                                                              The system will send an automated
                                                                                                           I. Self-Regulatory Organization’s
                                                  including those set forth in this                                                                              message to the Participant when a Kill
                                                                                                           Statement of the Terms of the Substance
                                                  proposed rule change, as modified by                                                                           Switch request has been processed by
                                                                                                           of the Proposed Rule Change
                                                  Amendment No. 1 thereto, to be listed                                                                          the system. A Participant may also call
                                                  and traded on the Exchange on an initial                    The Exchange proposes to (i) amend                 the MOC 3 directly to request initiation
                                                  and continuing basis.                                    BOX Rule 7280 (Bulk Cancellation of                   of the Kill Switch if the Participant is
                                                    For the foregoing reasons, the                         Trading Interest) to adopt a Kill Switch              not able to send the message to the BOX
                                                  Commission finds that the proposed                       and (ii) amend BOX Rule 7110 (Order                   system directly.
                                                  rule change, as modified by Amendment                    Entry) to modify the circumstances that                 When submitting a message to the
                                                  No. 1 thereto, is consistent with Section                will prevent a Session Order from being               system to initiate the Kill Switch,
                                                  6(b)(5) of the Act 39 and the rules and                  cancelled. The text of the proposed rule              Participants may specify a lock-out
                                                  regulations thereunder applicable to a                   change is available from the principal                instruction. The lock-out instruction
                                                  national securities exchange.                            office of the Exchange, at the                        prevents the entering of any additional
                                                                                                           Commission’s Public Reference Room                    orders and/or quotes from the specific
                                                  IV. Conclusion                                           and also on the Exchange’s Internet Web               Participant ID until re-entry has been
                                                    It is therefore ordered, pursuant to                   site at http://boxexchange.com.                       enabled. If a lock-out is requested, all
                                                  Section 19(b)(2) of the Act,40 that the                  II. Self-Regulatory Organization’s                    orders and quotes that originate from
                                                  proposed rule change (SR–NASDAQ–                         Statement of the Purpose of, and                      the Participant ID will be canceled,
                                                  2016–030), as modified by Amendment                      Statutory Basis for, the Proposed Rule                regardless of any other instructions in
                                                  No. 1 thereto, be, and it hereby is,                     Change                                                the message or any additional messages
                                                  approved.                                                                                                      sent to the system. The Participant ID
                                                                                                              In its filing with the Commission, the             will remain locked-out until the
                                                    For the Commission, by the Division of                 self-regulatory organization included
                                                  Trading and Markets, pursuant to delegated                                                                     Participant makes a verbal request to the
                                                  authority.41
                                                                                                           statements concerning the purpose of,                 MOC to re-enable the Participant ID.
                                                                                                           and basis for, the proposed rule change
                                                  Brent J. Fields,                                                                                               Session Orders
                                                                                                           and discussed any comments it received
                                                  Secretary.                                               on the proposed rule change. The text                    The Exchange currently offers a
                                                  [FR Doc. 2016–09897 Filed 4–27–16; 8:45 am]              of these statements may be examined at                Session Order designation.4 An order
                                                  BILLING CODE 8011–01–P                                   the places specified in Item IV below.                with a Session Order designation will
                                                                                                           The self-regulatory organization has                  remain active in the BOX trading system
                                                                                                           prepared summaries, set forth in                      until one of the following events
                                                  SECURITIES AND EXCHANGE                                  Sections A, B, and C below, of the most               (‘‘Triggering Event’’) occurs: (1) The
                                                  COMMISSION                                               significant aspects of such statements.               connection between the Participant and
                                                  [Release No. 34–77692; File No. SR–BOX–                  A. Self-Regulatory Organization’s                     BOX that was used to enter the order is
                                                  2016–16]                                                                                                       interrupted; (2) there is a disconnection
                                                                                                           Statement of the Purpose of, and
                                                                                                           Statutory Basis for, the Proposed Rule                between internal BOX components used
                                                  Self-Regulatory Organizations; BOX                                                                             to process orders, causing a component
                                                  Options Exchange LLC; Notice of                          Change
                                                                                                                                                                 to lose its connection to the Participant
                                                  Filing and Immediate Effectiveness of                    1. Purpose                                            or the Trading Host 5 while in
                                                  a Proposed Rule Change To (i) Amend                         The Exchange is proposing                          possession of the Session Order; (3) a
                                                  BOX Rule 7280 (Bulk Cancellation of                      enhancements to the risk controls on the              component of the Trading Host
                                                  Trading Interest) To Adopt a Kill                        Exchange. Specifically, the Exchange is               experiences a system error in which it
                                                  Switch and (ii) Amend BOX Rule 7110                      proposing to amend BOX Rule 7280                      is unable to process open orders while
                                                  (Order Entry) To Modify the                              (Bulk Cancellation of Trading Interest)               in possession of the Session Order.
                                                  Circumstances That Will Prevent a                        to adopt a Kill Switch and to also                       Currently, a Session Order will not be
                                                  Session Order From Being Cancelled                       amend BOX Rule 7110 (Order Entry) to                  cancelled and shall remain active if the
                                                  April 22, 2016.                                          modify the circumstances that will                    order is not allowed to be cancelled
                                                     Pursuant to Section 19(b)(1) of the                   prevent a Session Order from being                    pursuant to another Exchange Rule or it
                                                  Securities Exchange Act of 1934                          cancelled.                                            is being processed under certain
                                                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                        Exchange Rules when the Triggering
                                                                                                           Kill Switch
                                                  notice is hereby given that on April 11,                                                                       Event occurs. Specifically, the Session
                                                                                                             The Exchange proposes to amend                      Order will not be cancelled when: (1)
                                                  2016, BOX Options Exchange LLC
                                                                                                           Rule 7280 (Bulk Cancellation of Trading               The order is being exposed to the BOX
                                                  (‘‘BOX’’ or the ‘‘Exchange’’) filed with
                                                                                                           Interest) to add new section (b) to adopt             market pursuant to Rule 7130(b); (2) the
                                                  the Securities and Exchange
                                                                                                           the Kill Switch. The Kill Switch will be              order is a Directed Order to which the
                                                  Commission (‘‘Commission’’) the                          an optional tool that enables
mstockstill on DSK3G9T082PROD with NOTICES




                                                  proposed rule change as described in                     Participants to initiate a message to the                3 The term ‘‘MOC’’ or ‘‘Market Operations Center’’

                                                    38 See
                                                                                                           BOX system to remove a Participant’s                  means the BOX Market Operations Center, which
                                                           Anonymous Letter, supra note 4.                                                                       provides market support for Options Participants
                                                    39 15 U.S.C. 78f(b)(5).
                                                                                                           quotes and/or cancel the Participant’s
                                                                                                                                                                 during the trading day.
                                                    40 15 U.S.C. 78s(b)(2).                                orders. When submitting a request to the                 4 See Rule 7110(e)(1)(iii).
                                                    41 17 CFR 200.30–3(a)(12).                             system to remove/cancel quotes and/or                    5 The term ‘‘Trading Host’’ means the automated
                                                    1 15 U.S.C. 78s(b)(1).                                 orders, a Participant must provide the                trading system used by BOX for the trading of
                                                    2 17 CFR 240.19b–4.                                    Options Participant identification                    options contracts.



                                             VerDate Sep<11>2014    22:09 Apr 27, 2016   Jkt 238001   PO 00000   Frm 00105   Fmt 4703   Sfmt 4703   E:\FR\FM\28APN1.SGM   28APN1


                                                  25474                          Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices

                                                  Executing Participant (‘‘EP’’) has not yet              represents that its proposal will operate              B. Self-Regulatory Organization’s
                                                  responded pursuant to Rule 8040(d)(2);                  consistently with the firm quote                       Statement on Burden on Competition
                                                  or (3) the order has been routed to an                  obligations of a broker-dealer pursuant                   The Exchange does not believe that
                                                  away exchange pursuant to Rule 15030;                   to Rule 602 of Regulation NMS and that                 the proposed rule changes will impose
                                                  provided however, that any remainder                    the functionality is not mandatory.                    any burden on competition not
                                                  of a Session Order returned by the away                 Specifically, any interest that is                     necessary or appropriate in furtherance
                                                  exchange will be cancelled upon its                     executable against a Participant’s quotes              of the purposes of the Act. The
                                                  return to BOX. The Exchange is now                      or orders that are received by the                     Exchange believes the proposal will
                                                  proposing to amend the circumstances                    Exchange prior to the time the Kill                    provide market participants with
                                                  that will prevent a Session Order from                  Switch is processed by the system will                 additional protections. The proposed
                                                  being cancelled. Specifically, the                      automatically execute at the price up to               rule change is meant to protect
                                                  Exchange is now proposing to allow an                   the Participant’s size. The Kill Switch                Participants in the event the Participant
                                                  order with a Session Order designation                  message will be accepted by the system                 is suffering from a systems issue or from
                                                  to be cancelled when the order is being                 in the order of receipt in the queue and               the occurrence of unusual or
                                                  exposed to the BOX market and/or the                    will be processed in that order so any                 unexpected market activity that would
                                                  order is a Directed Order to which the                  interest that is already accepted into the             require them to withdraw from the
                                                  EP has not yet responded.6                              system will be processed prior to the                  market. Reducing such risk will enable
                                                    The Exchange will provide                             Kill Switch message.                                   Participants to enter quotes and orders
                                                  Participants with notice, via Information                                                                      without fear of inadvertent exposure of
                                                  Circular, about the implementation date                    Market Makers’ obligations to provide
                                                                                                          continuous two-sided quotes on a daily                 excessive risk, which in turn will
                                                  of these proposed enhancements to the                                                                          benefit investors through increased
                                                  protections offered by the Exchange.                    basis are not diminished by the removal
                                                                                                          of such quotes and/or orders by utilizing              liquidity for the execution of their
                                                  2. Statutory Basis                                      the Kill Switch. Market Makers will be                 orders. Such increased liquidity benefits
                                                     The Exchange believes that the                       required to provide continuous two-                    investors because they receive better
                                                  proposal is consistent with the                         sided quotes on a daily basis. Market                  prices and because it lowers volatility in
                                                  requirements of Section 6(b) of the                     Makers that utilize the Kill Switch will               the options market. The proposal does
                                                  Securities Exchange Act of 1934 (the                    not be relieved of the obligation to                   not impose an undue burden on
                                                  ‘‘Act’’),7 in general, and Section 6(b)(5)              provide continuous two-sided quotes on                 intramarket competition because all
                                                  of the Act,8 in particular, in that it is               a daily basis, nor will it prohibit the                Participants may avail themselves of the
                                                  designed to prevent fraudulent and                      Exchange from taking disciplinary                      Kill Switch, which functionality will be
                                                  manipulative acts and practices, to                     action against a Market Maker for failing              optional. Additionally, the proposed
                                                  promote just and equitable principles of                to meet the continuous quoting                         protections relating to the Kill Switch
                                                  trade, to foster cooperation and                        obligations each trading day.                          are similar to those available on
                                                  coordination with persons engaged in                                                                           competing exchanges.10 For these
                                                                                                             With respect to the proposed changes
                                                  facilitating transactions in securities, to                                                                    reasons, the Exchange does not believe
                                                                                                          to the Session Order designation, the
                                                  remove impediments to and perfect the                                                                          this proposal imposes an undue burden
                                                                                                          Exchange believes they are reasonable
                                                  mechanism of a free and open market                                                                            on inter-market competition; rather, the
                                                                                                          because they will expand the
                                                  and a national market system, and, in                                                                          proposed rule change will have no
                                                                                                          protections available to Participants
                                                  general to protect investors and the                                                                           impact on competition.
                                                                                                          transacting on the Exchange.
                                                  public interest, by enhancing the risk                  Specifically, the proposed changes will                C. Self-Regulatory Organization’s
                                                  protections available to Participants.                  protect investors and the public interest              Statement on Comments on the
                                                  The proposal promotes policy goals of                   by allowing Participants to cancel their               Proposed Rule Change Received From
                                                  the Commission which has encouraged                     orders when a system issue occurs that                 Members, Participants, or Others
                                                  execution venues, exchange and non-                     infringes on the ability of a Participant                The Exchange has neither solicited
                                                  exchange alike, to enhance risk                         to communicate with the Exchange’s                     nor received comments on the proposed
                                                  protection tools and other mechanisms                   systems.                                               rule change.
                                                  to decrease risk and increase stability.
                                                     The individual firm benefits of                         The Exchange believes the proposed                  III. Date of Effectiveness of the
                                                  enhanced risk protections flow                          changes to the Session Order                           Proposed Rule Change and Timing for
                                                  downstream to counterparties both at                    designation, specifically the deletion of              Commission Action
                                                  the Exchange and at other options                       the two exceptions to the Triggering
                                                                                                          Events dealing with an order being                        The Exchange has filed the proposed
                                                  exchanges, thereby increasing systemic                                                                         rule change pursuant to Section
                                                  protections as well. Additionally,                      exposed and an order that is a Directed
                                                                                                          Order,9 is reasonable because they are                 19(b)(3)(A)(iii) of the Act 11 and Rule
                                                  because the Exchange offers this risk                                                                          19b–4(f)(6) thereunder.12 Because the
                                                  tool to all Participants, the Exchange                  not considered core exchange functions
                                                                                                          and the deletion of these exceptions to                proposed rule change does not: (i)
                                                  believes it will encourage liquidity                                                                           Significantly affect the protection of
                                                  generally and remove impediments to                     the Triggering Events will not affect a
                                                                                                          fair and orderly market and national                   investors or the public interest; (ii)
                                                  and perfect the mechanism of a free and                                                                        impose any significant burden on
                                                  open market and a national market                       market system. Further, the Exchange
                                                  system, and protect investors and the                   believes it is reasonable to keep the
                                                                                                                                                                   10 See Ch. VI, Sec. 6(d) of the NASDAQ OMX BX,
                                                                                                          remaining exception to the Triggering
mstockstill on DSK3G9T082PROD with NOTICES




                                                  public interest.                                                                                               Inc. (‘‘BX’’) Rules, Ch. VI, Sec. 6(d) of the NASDAQ
                                                     This optional risk tool, as noted                    Events, specifically when an order has                 OMX (‘‘NOM’’) Rules. See also Securities Exchange
                                                  above, will be offered to all Participants              been routed to an away exchange                        Act Release Nos. 76116 (October 8, 2015), 80 FR
                                                  on BOX. The Exchange further                            pursuant to Rule 15030, in the rule text               199 (October 15, 2015) (Order Approving SR–BX–
                                                                                                          because it is out of the Exchange’s                    2015–50) and 76123 (October 9, 2015), 80 FR 62591
                                                                                                                                                                 (October 16, 2015) (Order Approving SR–
                                                    6 See Proposed Rule 7110 (e)(1)(iii)(C).              control.                                               NASDAQ–2015–096).
                                                    7 15 U.S.C. 78f(b).                                                                                            11 15 U.S.C. 78s(b)(3)(A)(iii).
                                                    8 15 U.S.C. 78f(b)(5).                                  9 See   supra note 6.                                  12 17 CFR 240.19b–4(f)(6).




                                             VerDate Sep<11>2014   22:09 Apr 27, 2016   Jkt 238001   PO 00000   Frm 00106    Fmt 4703   Sfmt 4703   E:\FR\FM\28APN1.SGM   28APN1


                                                                                 Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices                                                  25475

                                                  competition; and (iii) become operative                    At any time within 60 days of the                  submissions. You should submit only
                                                  for 30 days from the date on which it                   filing of the proposed rule change, the               information that you wish to make
                                                  was filed, or such shorter time as the                  Commission summarily may                              available publicly. All submissions
                                                  Commission may designate, if                            temporarily suspend such rule change if               should refer to File Number SR–BOX–
                                                  consistent with the protection of                       it appears to the Commission that such                2016–16, and should be submitted on or
                                                  investors and the public interest, the                  action is necessary or appropriate in the             before May 19, 2016.
                                                  proposed rule change has become                         public interest, for the protection of                  For the Commission, by the Division of
                                                  effective pursuant to Section 19(b)(3)(A)               investors, or otherwise in furtherance of             Trading and Markets, pursuant to delegated
                                                  of the Act 13 and Rule 19b–4(f)(6)                      the purposes of the Act. If the                       authority.20
                                                  thereunder.14                                           Commission takes such action, the                     Brent J. Fields,
                                                     A proposed rule change filed under                   Commission shall institute proceedings                Secretary.
                                                  Rule 19b–4(f)(6) under the Act 15                       to determine whether the proposed rule                [FR Doc. 2016–09900 Filed 4–27–16; 8:45 am]
                                                  normally does not become operative for                  should be approved or disapproved.
                                                                                                                                                                BILLING CODE 8011–01–P
                                                  30 days after the date of filing. However,              IV. Solicitation of Comments
                                                  Rule 19b–4(f)(6)(iii) 16 permits the
                                                  Commission to designate a shorter time                    Interested persons are invited to
                                                                                                                                                                SECURITIES AND EXCHANGE
                                                  if such action is consistent with the                   submit written data, views, and
                                                                                                                                                                COMMISSION
                                                  protection of investors and the public                  arguments concerning the foregoing,
                                                                                                          including whether the proposed rule                   [Release No. 34–77699; File No. SBSDR–
                                                  interest. The Exchange has asked the                                                                          2016–01]
                                                                                                          change is consistent with the Act.
                                                  Commission to waive the 30-day
                                                                                                          Comments may be submitted by any of
                                                  operative delay so that the proposal may                                                                      Security-Based Swap Data
                                                                                                          the following methods:
                                                  become operative immediately upon                                                                             Repositories; ICE Trade Vault, LLC;
                                                  filing. The Exchange states that the                    Electronic Comments                                   Notice of Filing of Application for
                                                  proposed rule change is designed to                       • Use the Commission’s Internet                     Registration as a Security-Based Swap
                                                  protect Participants in the event a                     comment form (http://www.sec.gov/                     Data Repository
                                                  Participant is suffering from a systems                 rules/sro.shtml); or                                  April 22, 2016.
                                                  issue or from the occurrence of unusual                   • Send an email to rule-comments@
                                                  or unexpected market activity.17 To the                 sec.gov. Please include File Number SR–               I. Introduction
                                                  extent that the Exchange’s proposal                     BOX–2016–16 on the subject line.                         On March 29, 2016, and as amended
                                                  provides member firms with greater
                                                                                                          Paper Comments                                        on April 18, 2016, ICE Trade Vault, LLC
                                                  control over their quotes and orders,
                                                                                                                                                                (‘‘ICE Trade Vault’’) filed with the
                                                  and allows firms to remove quotes and                      • Send paper comments in triplicate                Securities and Exchange Commission
                                                  cancel orders in an appropriate manner,                 to Secretary, Securities and Exchange                 (‘‘Commission’’) a Form SDR seeking
                                                  then the proposal may encourage firms                   Commission, 100 F Street NE.,                         registration as a security-based swap
                                                  to provide liquidity on the Exchange                    Washington, DC 20549–1090.                            data repository (‘‘SDR’’) under Section
                                                  and thus contribute to fair and orderly                 All submissions should refer to File                  13(n) of the Securities Exchange Act of
                                                  markets in a manner that protects the                   Number SR–BOX–2016–16. This file                      1934 (‘‘Exchange Act’’) 1 and the
                                                  public interest, protects investors, and is             number should be included on the                      Commission’s rules promulgated
                                                  not designed to permit unfair                           subject line if email is used. To help the            thereunder.2 ICE Trade Vault proposes
                                                  discrimination. The Commission notes                    Commission process and review your                    to operate as a registered SDR for
                                                  that the proposal is similar to the rules               comments more efficiently, please use                 security-based swap (‘‘SBS’’)
                                                  of other exchanges 18 and therefore does                only one method. The Commission will                  transactions in the credit derivatives
                                                  not raise any new, unique or substantive                post all comments on the Commission’s                 asset class. The Commission is
                                                  issues. Based on the foregoing, the                     Internet Web site (http://www.sec.gov/                publishing this notice to solicit
                                                  Commission believes that waiving the                    rules/sro.shtml). Copies of the                       comments from interested persons
                                                  30-day operative delay is consistent                    submission, all subsequent                            regarding ICE Trade Vault’s Form SDR,3
                                                  with the protection of investors and the                amendments, all written statements                    and the Commission will consider any
                                                  public interest.19 The Commission                       with respect to the proposed rule                     comments it receives in making its
                                                  hereby grants the Exchange’s request                    change that are filed with the
                                                  and designates the proposal operative                   Commission, and all written                             20 17 CFR 200.30–3(a)(12).
                                                  upon filing.                                            communications relating to the                          1 15 U.S.C. 78m(n)(3).
                                                                                                          proposed rule change between the                        2 17 CFR 240.13n–1 through 240.13n–12.
                                                                                                                                                                  3 ICE Trade Vault filed its Form SDR, including
                                                    13 15  U.S.C. 78s(b)(3)(A).                           Commission and any person, other than
                                                                                                                                                                the exhibits thereto, electronically with the
                                                    14 In addition, Rule 19b–4(f)(6)(iii) requires the    those that may be withheld from the                   Commission. The descriptions set forth in this
                                                  Exchange to give the Commission written notice of       public in accordance with the
                                                  the Exchange’s intent to file the proposed rule                                                               notice regarding the structure and operations of ICE
                                                  change, along with a brief description and text of      provisions of 5 U.S.C. 552, will be                   Trade Vault have been derived, excerpted, and/or
                                                  the proposed rule change, at least five business days   available for Web site viewing and                    summarized from information in ICE Trade Vault’s
                                                                                                                                                                Form SDR application, and principally from ICE
                                                  prior to the date of filing of the proposed rule        printing in the Commission’s Public                   Trade Vault’s Guidebook (Exhibit GG.2), which
                                                  change, or such shorter time as designated by the       Reference Room, 100 F Street NE.,
                                                  Commission. The Exchange has satisfied this                                                                   outlines the applicant’s policies and procedures
                                                  requirement.                                            Washington, DC 20549 on official                      designed to address its statutory and regulatory
                                                                                                          business days between the hours of                    obligations as an SDR registered with the
mstockstill on DSK3G9T082PROD with NOTICES




                                                     15 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                Commission. ICE Trade Vault’s Form SDR
                                                     16 17 CFR 240.19b–4(f)(6)(iii).                      10:00 a.m. and 3:00 p.m. Copies of such               application and non-confidential exhibits thereto
                                                     17 See supra Section II.A.2.                         filing also will be available for                     are available in EDGAR at http://www.sec.gov/cgi-
                                                     18 See supra note 10.
                                                                                                          inspection and copying at the principal               bin/browse-edgar?CIK=0001658496&owner=
                                                     19 For purposes only of waiving the 30-day                                                                 exclude&action=getcompany&Find=Search. In
                                                                                                          office of the Exchange. All comments
                                                  operative delay, the Commission has also                                                                      addition, the public may access copies of these
                                                  considered the proposed rule’s impact on
                                                                                                          received will be posted without change;               materials on the Commission’s Web site at: http://
                                                  efficiency, competition, and capital formation. See     the Commission does not edit personal                 www.sec.gov/rules/other/2016/ice-trade-vault-form-
                                                  15 U.S.C. 78c(f).                                       identifying information from                          sdr-htm.



                                             VerDate Sep<11>2014   22:09 Apr 27, 2016   Jkt 238001   PO 00000   Frm 00107   Fmt 4703   Sfmt 4703   E:\FR\FM\28APN1.SGM    28APN1



Document Created: 2016-04-28 01:05:39
Document Modified: 2016-04-28 01:05:39
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 25473 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR