81_FR_70418 81 FR 70222 - 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 70222 - 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 196 (October 11, 2016)

Page Range70222-70224
FR Document2016-24425

Federal Register, Volume 81 Issue 196 (Tuesday, October 11, 2016)
[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Notices]
[Pages 70222-70224]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24425]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79040; File No. SR-BOX-2016-49]


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

October 4, 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 September 30, 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 
amend the Fee Schedule [sic] 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 
October 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

[[Page 70223]]

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.2 of the BOX Fee Schedule, the BOX 
Volume Rebate (``BVR'').
    Under the current BVR, the Exchange offers a tiered per contract 
rebate for all Public Customer PIP Orders and COPIP orders of 100 
contracts and under that do not trade solely with their contra order. 
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:

----------------------------------------------------------------------------------------------------------------
                                                    Percentage thresholds of         Per contract rebate (all
                                                   national customer volume in            account types)
                     Tier                        multiply-listed options classes -------------------------------
                                                            (monthly)                   PIP            COPIP
----------------------------------------------------------------------------------------------------------------
1.............................................  0.000% to 0.159%................         ($0.00)         ($0.00)
2.............................................  0.160% to 0.339%................          (0.02)          (0.02)
3.............................................  0.340% to 0.999%................          (0.04)          (0.04)
4.............................................  1.000% to 1.249%................          (0.07)          (0.06)
5.............................................  1.250% and Above................          (0.12)          (0.06)
----------------------------------------------------------------------------------------------------------------

    The Exchange proposes to adjust certain BVR percentage thresholds 
and fees within the BVR. Specifically, the Exchange proposes to 
eliminate Tier 4 and adjust the percentage thresholds in Tier 5 to 
``1.000% and Above.'' The Exchange then proposes to renumber Tier 5 to 
Tier 4. 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. Additionally, the Exchange proposes to 
decrease the fee [sic] in the revised Tier 4 for PIP transactions to 
$0.11 from $0.12.
    The new BVR set forth in Section I.B.2 of the BOX Fee Schedule will 
be as follows:

----------------------------------------------------------------------------------------------------------------
                                                    Percentage thresholds of         Per contract rebate (all
                                                   national customer volume in            account types)
                     Tier                        multiply-listed options classes -------------------------------
                                                            (monthly)                   PIP            COPIP
----------------------------------------------------------------------------------------------------------------
1.............................................  0.000% to 0.159%................         ($0.00)         ($0.00)
2.............................................  0.160% to 0.339%................          (0.02)          (0.02)
3.............................................  0.340% to 0.999%................          (0.04)          (0.04)
4.............................................  1.000% and Above................          (0.11)          (0.06)
----------------------------------------------------------------------------------------------------------------

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,\5\ 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.
---------------------------------------------------------------------------

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

    The Exchange believes the proposed amendments to the BVR in Section 
I.B.2 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 and their applicable 
rebates. The volume thresholds and 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; \6\ 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.
---------------------------------------------------------------------------

    \6\ 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).
---------------------------------------------------------------------------

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 
Section I.B. of the BOX Fee Schedule. The Exchange believes that the 
volume

[[Page 70224]]

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.

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 \7\ and Rule 19b-4(f)(2) 
thereunder,\8\ because it establishes or changes a due, or fee.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \8\ 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-2016-49 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-2016-49. 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-2016-49, and should be 
submitted on or before November 1, 2016.
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-24425 Filed 10-7-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    70222                        Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices

                                                    III. Date of Effectiveness of the                       Paper Comments                                        SECURITIES AND EXCHANGE
                                                    Proposed Rule Change and Timing for                                                                           COMMISSION
                                                    Commission Action                                         • Send paper comments in triplicate
                                                                                                            to Secretary, Securities and Exchange                 [Release No. 34–79040; File No. SR–BOX–
                                                       Because the foregoing proposed rule                  Commission, 100 F Street NE.,                         2016–49]
                                                    change does not: (i) Significantly affect               Washington, DC 20549–1090.
                                                    the protection of investors or the public                                                                     Self-Regulatory Organizations; BOX
                                                    interest; (ii) impose any significant                   All submissions should refer to File                  Options Exchange LLC; Notice of
                                                    burden on competition; and (iii) become                 Number SR–IEX–2016–16. This file                      Filing and Immediate Effectiveness of
                                                    operative for 30 days from the date on                  number should be included on the                      a Proposed Rule Change To Amend
                                                    which it was filed, or such shorter time                subject line if email is used. To help the            the Fee Schedule on the BOX Market
                                                    as the Commission may designate, it has                 Commission process and review your                    LLC (‘‘BOX’’) Options Facility
                                                    become effective pursuant to Section                    comments more efficiently, please use                 October 4, 2016.
                                                    19(b)(3)(A) of the Act 45 and Rule 19b–                 only one method. The Commission will                     Pursuant to Section 19(b)(1) of the
                                                    4(f)(6) thereunder.46                                   post all comments on the Commission’s                 Securities Exchange Act of 1934 (the
                                                       At any time within 60 days of the                    Internet Web site (http://www.sec.gov/                ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    filing of the proposed rule change, the                 rules/sro.shtml). Copies of the                       notice is hereby given that on
                                                    Commission summarily may                                submission, all subsequent                            September 30, 2016, BOX Options
                                                    temporarily suspend such rule change if                 amendments, all written statements                    Exchange LLC (the ‘‘Exchange’’) filed
                                                    it appears to the Commission that such                  with respect to the proposed rule                     with the Securities and Exchange
                                                    action is necessary or appropriate in the
                                                                                                            change that are filed with the                        Commission (‘‘Commission’’) the
                                                    public interest, for the protection of
                                                                                                            Commission, and all written                           proposed rule change as described in
                                                    investors, or otherwise in furtherance of
                                                                                                            communications relating to the                        Items I, II, and III below, which Items
                                                    the purposes of the Act. If the
                                                                                                            proposed rule change between the                      have been prepared by the Exchange.
                                                    Commission takes such action, the
                                                                                                            Commission and any person, other than                 The Exchange filed the proposed rule
                                                    Commission shall institute proceedings
                                                                                                            those that may be withheld from the                   change pursuant to Section
                                                    to determine whether the proposed rule
                                                                                                            public in accordance with the                         19(b)(3)(A)(ii) of the Act,3 and Rule
                                                    should be approved or disapproved.
                                                                                                            provisions of 5 U.S.C. 552, will be                   19b–4(f)(2) thereunder,4 which renders
                                                       The Exchange has requested that the
                                                                                                            available for Web site viewing and                    the proposal effective upon filing with
                                                    SEC waive the 30-day operative period.
                                                                                                            printing in the Commission’s Public                   the Commission. The Commission is
                                                    The Commission believes that waiving
                                                                                                            Reference Room, 100 F Street NE.,                     publishing this notice to solicit
                                                    the 30-day operative delay is consistent
                                                                                                                                                                  comments on the proposed rule change
                                                    with the protection of investors and the                Washington, DC 20549, on official
                                                                                                                                                                  from interested persons.
                                                    public interest because it will allow the               business days between the hours of
                                                    Exchange to implement the proposed                      10:00 a.m. and 3:00 p.m. Copies of the                I. Self-Regulatory Organization’s
                                                    rules immediately thereby preventing                    filing also will be available for                     Statement of the Terms of the Substance
                                                    delays in the implementation of the                     inspection and copying at the principal               of the Proposed Rule Change
                                                    Plan. The Commission notes that the                     office of the Exchange. All comments                     The Exchange is filing with the
                                                    Plan is scheduled to start on October 3,                received will be posted without change;               Securities and Exchange Commission
                                                    2016. Therefore, the Commission hereby                  the Commission does not edit personal                 (‘‘Commission’’) a proposed rule change
                                                    waives the 30-day operative delay and                   identifying information from                          to amend the Fee Schedule to amend
                                                    designates the proposed rule change to                  submissions. You should submit only                   the Fee Schedule [sic] on the BOX
                                                    be operative upon filing with the                       information that you wish to make                     Market LLC (‘‘BOX’’) options facility.
                                                    Commission.47                                           available publicly. All submissions                   While changes to the fee schedule
                                                    IV. Solicitation of Comments                            should refer to File Number SR–IEX–                   pursuant to this proposal will be
                                                                                                            2016–16, and should be submitted on or                effective upon filing, the changes will
                                                      Interested persons are invited to                                                                           become operative on October 1, 2016.
                                                    submit written data, views, and                         before November 1, 2016.
                                                                                                                                                                  The text of the proposed rule change is
                                                    arguments concerning the foregoing,                       For the Commission, by the Division of
                                                                                                                                                                  available from the principal office of the
                                                    including whether the proposed rule                     Trading and Markets, pursuant to delegated
                                                                                                                                                                  Exchange, at the Commission’s Public
                                                    change is consistent with the Act.                      authority.48
                                                                                                                                                                  Reference Room and also on the
                                                    Comments may be submitted by any of                     Robert W. Errett,                                     Exchange’s Internet Web site at http://
                                                    the following methods:                                  Deputy Secretary.                                     boxexchange.com.
                                                    Electronic Comments                                     [FR Doc. 2016–24421 Filed 10–7–16; 8:45 am]
                                                                                                                                                                  II. Self-Regulatory Organization’s
                                                      • Use the Commission’s Internet                       BILLING CODE 8011–01–P
                                                                                                                                                                  Statement of the Purpose of, and
                                                    comment form (http://www.sec.gov/                                                                             Statutory Basis for, the Proposed Rule
                                                    rules/sro.shtml); or                                                                                          Change
                                                      • Send an email to rule-                                                                                       In its filing with the Commission, the
                                                    comments@sec.gov. Please include File                                                                         Exchange included statements
                                                    Number SR– IEX–2016–16 on the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  concerning the purpose of and basis for
                                                    subject line.                                                                                                 the proposed rule change and discussed
                                                                                                                                                                  any comments it received on the
                                                      45 15  U.S.C. 78s(b)(3)(A).
                                                      46 17
                                                                                                                                                                  proposed rule change. The text of these
                                                             CFR 240.19b–4(f)(6).
                                                       47 For purposes only of waiving the operative
                                                                                                                                                                    1 15 U.S.C. 78s(b)(1).
                                                    delay for this proposal, the Commission has
                                                                                                                                                                    2 17 CFR 240.19b–4.
                                                    considered the proposed rule’s impact on
                                                                                                                                                                    3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                    efficiency, competition, and capital formation. See
                                                    15 U.S.C. 78c(f).                                         48 17   CFR 200.30–3(a)(12).                          4 17 CFR 240.19b–4(f)(2).




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                                                                                             Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices                                                                           70223

                                                    statements may be examined at the                                         A. Self-Regulatory Organization’s                                          Under the current BVR, the Exchange
                                                    places specified in Item IV below. The                                    Statement of the Purpose of, and                                         offers a tiered per contract rebate for all
                                                    Exchange has prepared summaries, set                                      Statutory Basis for, the Proposed Rule                                   Public Customer PIP Orders and COPIP
                                                    forth in Sections A, B, and C below, of                                   Change                                                                   orders of 100 contracts and under that
                                                    the most significant aspects of such                                                                                                               do not trade solely with their contra
                                                                                                                              1. Purpose                                                               order. Percentage thresholds are
                                                    statements.
                                                                                                                                 The Exchange proposes to amend the                                    calculated on a monthly basis by
                                                                                                                                                                                                       totaling the Participant’s PIP and COPIP
                                                                                                                              Fee Schedule for trading on BOX.
                                                                                                                                                                                                       volume submitted to BOX, relative to
                                                                                                                              Specifically, the Exchange proposes to
                                                                                                                                                                                                       the total national Customer volume in
                                                                                                                              revise certain qualification thresholds
                                                                                                                                                                                                       multiply-listed options classes.
                                                                                                                              and fees in Section I.B.2 of the BOX Fee                                   The current per contract rebate for
                                                                                                                              Schedule, the BOX Volume Rebate                                          Participants in PIP and COPIP
                                                                                                                              (‘‘BVR’’).                                                               Transactions under the BVR is:

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

                                                    1   .......................................................   0.000%   to 0.159% .....................................................................................     ($0.00)             ($0.00)
                                                    2   .......................................................   0.160%   to 0.339% .....................................................................................      (0.02)              (0.02)
                                                    3   .......................................................   0.340%   to 0.999% .....................................................................................      (0.04)              (0.04)
                                                    4   .......................................................   1.000%   to 1.249% .....................................................................................      (0.07)              (0.06)
                                                    5   .......................................................   1.250%   and Above ....................................................................................       (0.12)              (0.06)



                                                      The Exchange proposes to adjust                                         Tier 5 to Tier 4. The quantity submitted                                 Exchange proposes to decrease the fee
                                                    certain BVR percentage thresholds and                                     will continue to be calculated on a                                      [sic] in the revised Tier 4 for PIP
                                                    fees within the BVR. Specifically, the                                    monthly basis by totaling the                                            transactions to $0.11 from $0.12.
                                                    Exchange proposes to eliminate Tier 4                                     Participant’s PIP and COPIP volume                                          The new BVR set forth in Section
                                                    and adjust the percentage thresholds in                                   submitted to BOX, relative to the total                                  I.B.2 of the BOX Fee Schedule will be
                                                    Tier 5 to ‘‘1.000% and Above.’’ The                                       national Customer volume in multiply-
                                                                                                                                                                                                       as follows:
                                                    Exchange then proposes to renumber                                        listed options classes. Additionally, the

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

                                                    1   .......................................................   0.000%   to 0.159% .....................................................................................     ($0.00)             ($0.00)
                                                    2   .......................................................   0.160%   to 0.339% .....................................................................................      (0.02)              (0.02)
                                                    3   .......................................................   0.340%   to 0.999% .....................................................................................      (0.04)              (0.04)
                                                    4   .......................................................   1.000%   and Above ....................................................................................       (0.11)              (0.06)



                                                    2. Statutory Basis                                                        The Exchange believes it is equitable                                    liquidity on the Exchange. Other
                                                       The Exchange believes that the                                         and not unfairly discriminatory to                                       exchanges employ similar incentive
                                                    proposal is consistent with the                                           amend the BVR, as all Participants have                                  programs; 6 and the Exchange believes
                                                    requirements of Section 6(b) of the Act,                                  the ability to qualify for a rebate, and                                 that the proposed changes to the volume
                                                    in general, and Section 6(b)(4) and                                       rebates are provided equally to                                          thresholds and rebates are reasonable
                                                    6(b)(5)of the Act,5 in particular, in that                                qualifying Participants. Finally, the                                    and competitive when compared to
                                                    it provides for the equitable allocation                                  Exchange believes it is reasonable and                                   incentive structures at other exchanges.
                                                    of reasonable dues, fees, and other                                       appropriate to continue to provide
                                                                                                                                                                                                       B. Self-Regulatory Organization’s
                                                    charges among BOX Participants and                                        incentives for Public Customers, which
                                                                                                                                                                                                       Statement on Burden on Competition
                                                    other persons using its facilities and                                    will result in greater liquidity and
                                                    does not unfairly discriminate between                                    ultimately benefit all Participants                                        The Exchange does not believe that
                                                    customers, issuers, brokers or dealers.                                   trading on the Exchange.                                                 the proposed rule change will impose
                                                       The Exchange believes the proposed                                        BOX believes it is reasonable,                                        any burden on competition not
                                                    amendments to the BVR in Section I.B.2                                    equitable and not unfairly                                               necessary or appropriate in furtherance
                                                    of the BOX Fee Schedule are reasonable,                                   discriminatory to adjust the monthly                                     of the purposes of the Act. The
                                                    equitable and non-discriminatory. The                                     Percentage Thresholds of National                                        Exchange is simply proposing to revise
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    BVR was adopted to attract Public                                         Customer Volume in Multiply-Listed                                       certain qualification thresholds and fees
                                                    Customer order flow to the Exchange by                                    Options Classes and their applicable                                     in Section I.B. of the BOX Fee Schedule.
                                                    offering these Participants incentives to                                 rebates. The volume thresholds and                                       The Exchange believes that the volume
                                                    submit their PIP and COPIP Orders to                                      rebates are meant to incentivize
                                                                                                                                                                                                         6 See Section B of the PHLX Pricing Schedule
                                                    the Exchange and the Exchange believes                                    Participants to direct order flow to the
                                                                                                                                                                                                       entitled ‘‘Customer Rebate Program;’’ ISE Gemini’s
                                                    it is appropriate to now amend the BVR.                                   Exchange to obtain the benefit of the                                    Qualifying Tier Thresholds (page 6 of the ISE
                                                                                                                              rebate, which will in turn benefit all                                   Gemini Fee Schedule); and CBOE’s Volume
                                                        5 15   U.S.C. 78f(b)(4) and (5).                                      market participants by increasing                                        Incentive Program (VIP).



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                                                    70224                         Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices

                                                    based rebates and fees increase                          only one method. The Commission will                   been prepared by the self-regulatory
                                                    intermarket and intramarket                              post all comments on the Commission’s                  organization. The Commission is
                                                    competition by incenting Participants to                 Internet Web site (http://www.sec.gov/                 publishing this notice to solicit
                                                    direct their order flow to the exchange,                 rules/sro.shtml). Copies of the                        comments on the proposed rule change
                                                    which benefits all participants by                       submission, all subsequent                             from interested persons.
                                                    providing more trading opportunities                     amendments, all written statements
                                                                                                             with respect to the proposed rule                      I. Self-Regulatory Organization’s
                                                    and improves competition on the
                                                                                                             change that are filed with the                         Statement of the Terms of the Substance
                                                    Exchange.
                                                                                                             Commission, and all written                            of the Proposed Rule Change
                                                    C. Self-Regulatory Organization’s                        communications relating to the                            The Exchange proposes to make non-
                                                    Statement on Comments on the                             proposed rule change between the                       controversial amendments to its rules.
                                                    Proposed Rule Change Received From                       Commission and any person, other than                  The text of the proposed rule change is
                                                    Members, Participants, or Others                         those that may be withheld from the                    available from the principal office of the
                                                      No written comments were either                        public in accordance with the                          Exchange, at the Commission’s Public
                                                    solicited or received.                                   provisions of 5 U.S.C. 552, will be                    Reference Room and also on the
                                                                                                             available for Web site viewing and                     Exchange’s Internet Web site at http://
                                                    III. Date of Effectiveness of the
                                                                                                             printing in the Commission’s Public                    boxexchange.com.
                                                    Proposed Rule Change and Timing for
                                                                                                             Reference Room, 100 F Street NE.,
                                                    Commission Action                                                                                               II. Self-Regulatory Organization’s
                                                                                                             Washington, DC 20549 on official
                                                       The foregoing rule change has become                                                                         Statement of the Purpose of, and
                                                                                                             business days between the hours of
                                                    effective pursuant to Section                            10:00 a.m. and 3:00 p.m. Copies of such                Statutory Basis for, the Proposed Rule
                                                    19(b)(3)(A)(ii) of the Exchange Act 7 and                filing also will be available for                      Change
                                                    Rule 19b–4(f)(2) thereunder,8 because it                 inspection and copying at the principal                   In its filing with the Commission, the
                                                    establishes or changes a due, or fee.                    office of the Exchange. All comments                   self-regulatory organization included
                                                       At any time within 60 days of the                     received will be posted without change;                statements concerning the purpose of,
                                                    filing of the proposed rule change, the                  the Commission does not edit personal                  and basis for, the proposed rule change
                                                    Commission summarily may                                 identifying information from                           and discussed any comments it received
                                                    temporarily suspend the rule change if                   submissions. You should submit only                    on the proposed rule change. The text
                                                    it appears to the Commission that the                    information that you wish to make                      of these statements may be examined at
                                                    action is necessary or appropriate in the                available publicly. All submissions                    the places specified in Item IV below.
                                                    public interest, for the protection of                   should refer to File Number SR–BOX–                    The self-regulatory organization has
                                                    investors, or would otherwise further                    2016–49, and should be submitted on or                 prepared summaries, set forth in
                                                    the purposes of the Act. If the                          before November 1, 2016.                               Sections A, B, and C below, of the most
                                                    Commission takes such action, the                          For the Commission, by the Division of               significant aspects of such statements.
                                                    Commission shall institute proceedings                   Trading and Markets, pursuant to delegated             A. Self-Regulatory Organization’s
                                                    to determine whether the proposed rule                   authority.9
                                                                                                                                                                    Statement of the Purpose of, and
                                                    should be approved or disapproved.                       Robert W. Errett,                                      Statutory Basis for, the Proposed Rule
                                                    IV. Solicitation of Comments                             Deputy Secretary.                                      Change
                                                                                                             [FR Doc. 2016–24425 Filed 10–7–16; 8:45 am]
                                                      Interested persons are invited to                                                                             1. Purpose
                                                                                                             BILLING CODE 8011–01–P
                                                    submit written data, views, and
                                                                                                                                                                       The purpose of the proposed rule
                                                    arguments concerning the foregoing,
                                                                                                                                                                    change is to amend Rule 7130(a) to
                                                    including whether the proposed rule                      SECURITIES AND EXCHANGE                                clarify that the BOX HSVF is no longer
                                                    change is consistent with the Act.                       COMMISSION                                             provided to market participants at no
                                                    Comments may be submitted by any of
                                                                                                             [Release No. 34–79037; File No. SR–BOX–                cost. The BOX HSVF is a proprietary
                                                    the following methods:
                                                                                                             2016–46]                                               product that provides: (i) Trades and
                                                    Electronic Comments                                                                                             trade cancelation information; (ii) best-
                                                      • Use the Commission’s Internet                        Self-Regulatory Organizations; BOX                     ranked price level to buy and the best-
                                                    comment form (http://www.sec.gov/                        Options Exchange LLC; Notice of                        ranked price level to sell; (iii)
                                                    rules/sro.shtml); or                                     Filing and Immediate Effectiveness of                  instrument summaries (including
                                                      • Send an email to rule-comments@                      a Proposed Rule Change To Make Non-                    information such as high, low, and last
                                                    sec.gov. Please include File Number SR–                  Controversial Amendments to Its                        trade price and traded volume); (iv) the
                                                    BOX–2016–49 on the subject line.                         Rules                                                  five best limit prices for each option
                                                                                                             October 4, 2016.
                                                                                                                                                                    instrument; (v) request for Quote
                                                    Paper Comments                                                                                                  messages; 3 (vi) PIP Order, Improvement
                                                                                                                Pursuant to Section 19(b)(1) of the
                                                      • Send paper comments in triplicate                    Securities Exchange Act of 1934 (the
                                                                                                                                                                    Order and Block Trade Order
                                                    to Secretary, Securities and Exchange                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2                 (Facilitation and Solicitation)
                                                    Commission, 100 F Street NE.,                            notice is hereby given that on                         information; 4 (vii) orders exposed at
                                                    Washington, DC 20549–1090.                               September 22, 2016, BOX Options                        NBBO; 5 (viii) instrument dictionary
                                                                                                                                                                    (e.g., strike price, expiration date,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    All submissions should refer to File                     Exchange LLC (the ‘‘Exchange’’) filed
                                                    Number SR–BOX–2016–49. This file                         with the Securities and Exchange                       underlying symbol, price threshold, and
                                                    number should be included on the                         Commission (‘‘Commission’’) the                        minimum trading increment for
                                                    subject line if email is used. To help the               proposed rule change as described in                     3 See Exchange Rules 100(a)(57), 7070(h) and
                                                    Commission process and review your                       Items I and II below, which Items have                 8050.
                                                    comments more efficiently, please use                                                                             4 As set forth in Exchange Rules 7150 and 7270,
                                                                                                               9 17 CFR 200.30–3(a)(12).                            respectively.
                                                      7 15 U.S.C. 78s(b)(3)(A)(ii).                            1 15 U.S.C. 78s(b)(1).                                 5 As set forth in Exchange Rules 7130(b)(2) and
                                                      8 17 CFR 240.19b–4(f)(2).                                2 17 CFR 240.19b–4.                                  8040(d)(6), respectively.



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Document Created: 2018-02-13 16:33:58
Document Modified: 2018-02-13 16:33:58
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 70222 

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