81_FR_8837 81 FR 8803 - 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 8803 - 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 34 (February 22, 2016)

Page Range8803-8805
FR Document2016-03527

Federal Register, Volume 81 Issue 34 (Monday, February 22, 2016)
[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Notices]
[Pages 8803-8805]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03527]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77144; File No. SR-BOX-2016-07]


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

February 16, 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 February 5, 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.
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    \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).
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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 
make two changes to the Volume Based Rebates for Market Makers in Non-
Auction

[[Page 8804]]

Transactions. First, the Exchange proposes to specify that transactions 
which are not the result of a Market Maker quotation will be considered 
exempt from the Tiered Volume Rebate for Market Makers in Non-Auction 
Transactions. Additionally, the Exchange proposes to amend the 
structure and distinguish between whether the Market Maker is a 
liquidity provider or a liquidity taker within the transactions. Market 
Makers will no longer be eligible for a rebate on their Non-Auction 
Transactions which take liquidity. Market Maker transactions which take 
liquidity or are not the result of a Market Maker quote will continue 
to count toward the Market Maker's overall executed volume on BOX each 
month. The text of the proposed rule change is available from the 
principal office of the Exchange, at the Commission's Public Reference 
Room and also on the Exchange's Internet Web site at http://boxexchange.com.

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

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

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

1. Purpose
    The Exchange proposes to amend Section I.A.1 of the BOX Fee 
Schedule (Tiered Volume Rebate for Non-Auction Transactions).
    The Exchange currently provides tiered rebates to Public Customers 
and Market Makers in Non-Auction Transaction who achieve certain volume 
based thresholds. The Exchange calculates percentage thresholds on a 
monthly basis by totaling the Market Maker or Public Customer's 
executed volume on BOX, relative to the total national Market Maker or 
Customer volume in multiply-listed options classes.
    The Exchange proposes to make two changes to the Volume Based 
Rebates for Market Makers in Non-Auction Transactions. First, the 
Exchange proposes to specify that transactions which are not the result 
of a Market Maker quotation will be considered exempt from the Tiered 
Volume Rebate for Market Makers in Non-Auction Transactions. 
Additionally, the Exchange proposes to amend the structure and 
distinguish between whether the Market Maker is a liquidity provider or 
a liquidity taker within the transactions. Market Makers will no longer 
be eligible for a rebate on their Non-Auction Transactions which take 
liquidity. Market Maker transactions which take liquidity or are not 
the result of a Market Maker quote will continue to count toward the 
Market Maker's overall executed volume on BOX each month.
    The new per contract rebate for Market Makers in Non-Auction 
Transactions as set forth in Section I.A.1. of the BOX Fee Schedule 
will be as follows:

----------------------------------------------------------------------------------------------------------------
                                                    Percentage thresholds of            Per contract rebate
                                                 national market maker volume in -------------------------------
                     Tier                        multiply-listed options classes
                                                            (monthly)                  Maker           Taker
----------------------------------------------------------------------------------------------------------------
1.............................................  0.000%-0.069%...................           $0.00           $0.00
2.............................................  0.070%-0.249%...................         ($0.03)           $0.00
3.............................................  0.250%-0.299%...................         ($0.05)           $0.00
4.............................................  0.300% and Above................         ($0.10)           $0.00
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                   Percentage                           Per contract rebate
                                  thresholds of  ---------------------------------------------------------------
                                    national            Penny pilot classes           Non-Penny pilot classes
                                 customer volume ---------------------------------------------------------------
             Tier                 in multiply-
                                 listed options
                                     classes           Maker           Taker           Maker           Taker
                                    (monthly)
----------------------------------------------------------------------------------------------------------------
1.............................  0.000%-0.129%...           $0.00           $0.00           $0.00           $0.00
2.............................  0.130%-0.339%...         ($0.15)         ($0.15)         ($0.40)         ($0.40)
3.............................  0.340%-0.549%...         ($0.25)         ($0.25)         ($0.50)         ($0.50)
4.............................  0.550% and Above         ($0.40)         ($0.40)         ($0.90)         ($0.70)
----------------------------------------------------------------------------------------------------------------

    The Exchange also proposes to make non-substantive technical 
changes to the date and volume based fees and rebates within the BOX 
Fee Schedule. Specifically, the Exchange proposes to relabel the 
highest tier within each structure to clarify what percentage of volume 
is needed to qualify for the tier. The Exchange also proposes to remove 
the reference date at the beginning of the BOX Fee Schedule.
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 that the proposed changes to the Tiered 
Volume Rebates for Market Makers in Non-Auction Transactions are 
reasonable, equitable and not unfairly discriminatory.
    Specifically, the Exchange believes that exempting transactions 
which are not the result of Market Maker quote from the Market Maker 
Tiered Volume Rebate is reasonable, equitable and not unfairly 
discriminatory. BOX provides these volume based rebates to incentivize 
Market Makers 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. The Exchange 
believes by providing a rebate to only those transactions that are the 
result of a quote, Market Makers will

[[Page 8805]]

be further encouraged to direct liquidity to BOX.
    The Exchange believes it is reasonable to amend the structure of 
the Tiered Volume Rebates for Market Makers in Non-Auction Transactions 
to distinguish whether the Market Maker is a liquidity provider or 
liquidity taker, and remove the rebate for Market Makers that take 
liquidity. As stated above, the volume thresholds and applicable 
rebates are meant to incentivize Market Makers 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. The Exchange notes that, while certain Market Maker 
transactions will no longer receive a rebate, Market Maker Non-Auction 
transaction fees remain lower than other account types and are in line 
with the Market Maker fees at other exchanges.\6\
---------------------------------------------------------------------------

    \6\ Market Makers are charged anywhere from to $0.05 to $0.29 on 
the Miami International Securities Exchange, LLC (``MIAX''), See the 
MIAX Fee Schedule Section I(a)(i) ``Market Maker Transaction Fees'' 
and ``Market Maker Sliding Scale''; and charged $0.39 to $0.95 on 
the NASDAQ OMX BX, Inc. (``BX Options'') Chapter XV, Section 2 BX 
Options Market--Fees and Rebates; and charged $0.35 to $1.10 on 
NASDAQ Stock Market LLC (``NOM'') Chapter XV, Section 2 NASDAQ 
Options Market--Fees and Rebates.
---------------------------------------------------------------------------

    In summary, the proposed changes to the Market Maker Tiered Volume 
Rebate are intended to attract order flow to the Exchange by 
incentivizing Market Makers to post liquidity on BOX. The practice of 
providing incentives to increase order flow is, and has been, a common 
practice in the options markets. Further, the Exchange believes it is 
appropriate to provide incentives for Market Makers which will result 
in greater liquidity and ultimately benefit all Participants trading on 
the Exchange.
    The Exchange believes that the non-substantive technical changes to 
the BOX Fee Schedule are reasonable, equitable and not unfairly 
discriminatory. Specifically, the Exchange believes it is reasonable 
and appropriate to clarify the parameters of those tiers in order for 
Participants to better understand what percentage of volume qualifies 
for a rebate. The Exchange also believes it is reasonable to remove the 
reference date, as doing so will reduce investor confusion.

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 believes that amending the proposed rebate structure 
for Marker [sic] Maker Non-Auction Transactions will not impose a 
burden on competition among various Exchange Participants. The Exchange 
believes that the proposed changes will result in Market Makers being 
rebated appropriately for these transactions. Further, the Exchange 
believes that this proposal will enhance competition between exchanges 
because it is designed to allow the Exchange to better compete with 
other exchanges for order flow.
    Finally, the Exchange notes that it operates in a highly 
competitive market in which market participants can readily favor 
competing exchanges. In such an environment, the Exchange must 
continually review, and consider adjusting, its fees and credits to 
remain competitive with other exchanges. For the reasons described 
above, the Exchange believes that the proposed rule change reflects 
this competitive environment.

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-2016-07 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-2016-07. 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-2016-07, and should be 
submitted on or before March 14, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
Brent J. Fields,
Secretary.
---------------------------------------------------------------------------

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

[FR Doc. 2016-03527 Filed 2-19-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices                                                8803

                                                  to determine whether the proposed rule                      For the Commission, by the Division of              directed to: (i) Desk Officer for the
                                                  change should be disapproved.                             Trading and Markets, pursuant to delegated            Securities and Exchange Commission,
                                                                                                            authority.55                                          Office of Information and Regulatory
                                                  IV. Solicitation of Comments                              Brent J. Fields,                                      Affairs, Office of Management and
                                                     Interested persons are invited to                      Secretary.                                            Budget, Room 10102, New Executive
                                                  submit written data, views and                            [FR Doc. 2016–03524 Filed 2–19–16; 8:45 am]           Office Building, Washington, DC 20503,
                                                  arguments concerning the foregoing,                       BILLING CODE 8011–01–P                                or by sending an email to: Shagufta_
                                                  including whether the proposed rule                                                                             Ahmed@omb.eop.gov; and (ii) Pamela
                                                  change, as modified by Amendment No.                                                                            Dyson, Director/Chief Information
                                                  1, is consistent with the Act. Comments                   SECURITIES AND EXCHANGE                               Officer, Securities and Exchange
                                                  may be submitted by any of the                            COMMISSION                                            Commission, c/o Remi Pavlik-Simon,
                                                  following methods:                                                                                              100 F Street NE., Washington, DC 20549
                                                                                                            Submission for OMB Review;                            or send an email to: PRA_Mailbox@
                                                  Electronic Comments                                       Comment Request                                       sec.gov. Comments must be submitted to
                                                    • Use the Commission’s Internet                         Upon Written Request Copies Available                 OMB within 30 days of this notice.
                                                  comment form (http://www.sec.gov/                          From: Securities and Exchange                          Dated: February 16, 2016.
                                                  rules/sro.shtml); or                                       Commission, Office of FOIA Services,                 Brent J. Fields,
                                                    • Send an email to rule-comments@                        100 F Street NE., Washington, DC                     Secretary.
                                                  sec.gov. Please include File No. SR–                       20549–2736.                                          [FR Doc. 2016–03522 Filed 2–19–16; 8:45 am]
                                                  EDGA–2016–02 on the subject line.                         Extension:                                            BILLING CODE 8011–01–P
                                                                                                            Schedule 14D–1F, SEC File No. 270–338,
                                                  Paper Comments                                                OMB Control No. 3235–0376.
                                                    • Send paper comments in triplicate                        Notice is hereby given that, pursuant              SECURITIES AND EXCHANGE
                                                  to Secretary, Securities and Exchange                     to the Paperwork Reduction Act of 1995                COMMISSION
                                                  Commission, 100 F Street NE.,                             (44 U.S.C. 3501 et seq.), the Securities              [Release No. 34–77144; File No. SR–BOX–
                                                  Washington, DC 20549–1090.                                and Exchange Commission                               2016–07]
                                                                                                            (‘‘Commission’’) has submitted to the
                                                  All submissions should refer to File No.                  Office of Management and Budget this                  Self-Regulatory Organizations; BOX
                                                  SR–EDGA–2016–02. This file number                         request for extension of the previously               Options Exchange LLC; Notice of
                                                  should be included on the subject line                    approved collection of information                    Filing and Immediate Effectiveness of
                                                  if email is used. To help the                             discussed below.                                      a Proposed Rule Change To Amend
                                                  Commission process and review your                           Schedule 14D–1F (17 CFR 240.14d–                   the Fee Schedule on the BOX Market
                                                  comments more efficiently, please use                     102) is a form that may be used by any                LLC (‘‘BOX’’) Options Facility
                                                  only one method. The Commission will                      person (the ‘‘bidder’’) making a cash
                                                  post all comments on the Commission’s                                                                           February 16, 2016.
                                                                                                            tender or exchange offer for securities of
                                                  Internet Web site (http://www.sec.gov/                    any issuer (the ‘‘target’’) incorporated or              Pursuant to Section 19(b)(1) of the
                                                  rules/sro.shtml). Copies of the                           organized under the laws of Canada or                 Securities Exchange Act of 1934 (the
                                                  submission, all subsequent                                any Canadian province or territory that               ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  amendments, all written statements                                                                              notice is hereby given that on February
                                                                                                            is a foreign private issuer, where less
                                                  with respect to the proposed rule                                                                               5, 2016, BOX Options Exchange LLC
                                                                                                            than 40% of the outstanding class of the
                                                  change that are filed with the                                                                                  (the ‘‘Exchange’’) filed with the
                                                                                                            target’s securities that is the subject of
                                                  Commission, and all written                                                                                     Securities and Exchange Commission
                                                                                                            the offer is held by U.S. holders.
                                                  communications relating to the                                                                                  (‘‘Commission’’) the proposed rule
                                                                                                            Schedule 14D–1F is designed to
                                                  proposed rule change between the                                                                                change as described in Items I, II, and
                                                                                                            facilitate cross-border transactions in
                                                  Commission and any person, other than                                                                           III below, which Items have been
                                                                                                            the securities of Canadian issuers. The
                                                  those that may be withheld from the                                                                             prepared by the Exchange. The
                                                                                                            information required to be filed with the
                                                  public in accordance with the                                                                                   Exchange filed the proposed rule change
                                                                                                            Commission provides security holders
                                                  provisions of 5 U.S.C. 552, will be                                                                             pursuant to Section 19(b)(3)(A)(ii) of the
                                                                                                            with material information regarding the               Act,3 and Rule 19b–4(f)(2) thereunder,4
                                                  available for Web site viewing and                        bidder as well as the transaction so that
                                                  printing in the Commission’s Public                                                                             which renders the proposal effective
                                                                                                            they may make informed investment                     upon filing with the Commission. The
                                                  Reference Room, 100 F Street NE.,                         decisions. The information provided is
                                                  Washington, DC 20549, on official                                                                               Commission is publishing this notice to
                                                                                                            mandatory and all information is made                 solicit comments on the proposed rule
                                                  business days between the hours of                        available to the public upon request.
                                                  10:00 a.m. and 3:00 p.m. Copies of such                                                                         change from interested persons.
                                                                                                            Schedule 14D–1F takes approximately 2
                                                  filing will also be available for                         hours per response to prepare and is                  I. Self-Regulatory Organization’s
                                                  inspection and copying at the principal                   filed by approximately 2 respondents                  Statement of the Terms of the Substance
                                                  office of the Exchange. All comments                      annually for a total reporting burden of              of the Proposed Rule Change
                                                  received will be posted without change;                   4 hours (2 hours per response × 2                        The Exchange is filing with the
                                                  the Commission does not edit personal                     responses).                                           Securities and Exchange Commission
                                                  identifying information from                                 An agency may not conduct or                       (‘‘Commission’’) a proposed rule change
                                                  submissions. You should submit only
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                            sponsor, and a person is not required to              to amend the Fee Schedule to make two
                                                  information that you wish to make                         respond to, a collection of information               changes to the Volume Based Rebates
                                                  available publicly. All submissions                       unless it displays a currently valid                  for Market Makers in Non-Auction
                                                  should refer to File No. SR–EDGA–                         control number.
                                                  2016–02 and should be submitted on or                        The public may view the background                   1 15 U.S.C. 78s(b)(1).
                                                  before March 14, 2016.                                    documentation for this information                      2 17 CFR 240.19b–4.
                                                                                                            collection at the following Web site,                   3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                    55 17   CFR 200.30–3(a)(12).                            www.reginfo.gov. Comments should be                     4 17 CFR 240.19b–4(f)(2).




                                             VerDate Sep<11>2014     19:03 Feb 19, 2016   Jkt 238001   PO 00000   Frm 00123   Fmt 4703   Sfmt 4703   E:\FR\FM\22FEN1.SGM   22FEN1


                                                  8804                                       Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices

                                                  Transactions. First, the Exchange                                           concerning the purpose of and basis for                               volume in multiply-listed options
                                                  proposes to specify that transactions                                       the proposed rule change and discussed                                classes.
                                                  which are not the result of a Market                                        any comments it received on the                                          The Exchange proposes to make two
                                                  Maker quotation will be considered                                          proposed rule change. The text of these                               changes to the Volume Based Rebates
                                                  exempt from the Tiered Volume Rebate                                        statements may be examined at the                                     for Market Makers in Non-Auction
                                                  for Market Makers in Non-Auction                                            places specified in Item IV below. The                                Transactions. First, the Exchange
                                                  Transactions. Additionally, the                                             Exchange has prepared summaries, set
                                                  Exchange proposes to amend the                                                                                                                    proposes to specify that transactions
                                                                                                                              forth in Sections A, B, and C below, of                               which are not the result of a Market
                                                  structure and distinguish between                                           the most significant aspects of such
                                                  whether the Market Maker is a liquidity                                                                                                           Maker quotation will be considered
                                                                                                                              statements.
                                                  provider or a liquidity taker within the                                                                                                          exempt from the Tiered Volume Rebate
                                                  transactions. Market Makers will no                                         A. Self-Regulatory Organization’s                                     for Market Makers in Non-Auction
                                                  longer be eligible for a rebate on their                                    Statement of the Purpose of, and                                      Transactions. Additionally, the
                                                  Non-Auction Transactions which take                                         Statutory Basis for, the Proposed Rule                                Exchange proposes to amend the
                                                  liquidity. Market Maker transactions                                        Change                                                                structure and distinguish between
                                                  which take liquidity or are not the result                                                                                                        whether the Market Maker is a liquidity
                                                  of a Market Maker quote will continue                                       1. Purpose
                                                                                                                                                                                                    provider or a liquidity taker within the
                                                  to count toward the Market Maker’s                                             The Exchange proposes to amend                                     transactions. Market Makers will no
                                                  overall executed volume on BOX each                                         Section I.A.1 of the BOX Fee Schedule                                 longer be eligible for a rebate on their
                                                  month. The text of the proposed rule                                        (Tiered Volume Rebate for Non-Auction                                 Non-Auction Transactions which take
                                                  change is available from the principal                                      Transactions).                                                        liquidity. Market Maker transactions
                                                  office of the Exchange, at the                                                                                                                    which take liquidity or are not the result
                                                  Commission’s Public Reference Room                                             The Exchange currently provides
                                                                                                                                                                                                    of a Market Maker quote will continue
                                                  and also on the Exchange’s Internet Web                                     tiered rebates to Public Customers and
                                                                                                                              Market Makers in Non-Auction                                          to count toward the Market Maker’s
                                                  site at http://boxexchange.com.                                                                                                                   overall executed volume on BOX each
                                                                                                                              Transaction who achieve certain volume
                                                  II. Self-Regulatory Organization’s                                          based thresholds. The Exchange                                        month.
                                                  Statement of the Purpose of, and                                            calculates percentage thresholds on a                                    The new per contract rebate for
                                                  Statutory Basis for, the Proposed Rule                                      monthly basis by totaling the Market                                  Market Makers in Non-Auction
                                                  Change                                                                      Maker or Public Customer’s executed                                   Transactions as set forth in Section
                                                     In its filing with the Commission, the                                   volume on BOX, relative to the total                                  I.A.1. of the BOX Fee Schedule will be
                                                  Exchange included statements                                                national Market Maker or Customer                                     as follows:

                                                                                                                         Percentage thresholds of national market maker volume in                                          Per contract rebate
                                                                            Tier                                                       multiply-listed options classes
                                                                                                                                                   (monthly)                                                             Maker            Taker

                                                  1   .......................................................   0.000%–0.069% ........................................................................................           $0.00            $0.00
                                                  2   .......................................................   0.070%–0.249% ........................................................................................         ($0.03)            $0.00
                                                  3   .......................................................   0.250%–0.299% ........................................................................................         ($0.05)            $0.00
                                                  4   .......................................................   0.300% and Above ....................................................................................          ($0.10)            $0.00


                                                                                                                                                                                                         Per contract rebate
                                                                                                  Percentage thresholds of national customer
                                                                   Tier                            volume in multiply-listed options classes                                     Penny pilot classes                     Non-Penny pilot classes
                                                                                                                  (monthly)
                                                                                                                                                                              Maker                    Taker             Maker            Taker

                                                  1   ....................................    0.000%–0.129% ...................................................                      $0.00                    $0.00              $0.00             $0.00
                                                  2   ....................................    0.130%–0.339% ...................................................                    ($0.15)                  ($0.15)            ($0.40)           ($0.40)
                                                  3   ....................................    0.340%–0.549% ...................................................                    ($0.25)                  ($0.25)            ($0.50)           ($0.50)
                                                  4   ....................................    0.550% and Above ..............................................                      ($0.40)                  ($0.40)            ($0.90)           ($0.70)



                                                     The Exchange also proposes to make                                       in general, and Section 6(b)(4) and                                      Specifically, the Exchange believes
                                                  non-substantive technical changes to the                                    6(b)(5) of the Act,5 in particular, in that                           that exempting transactions which are
                                                  date and volume based fees and rebates                                      it provides for the equitable allocation                              not the result of Market Maker quote
                                                  within the BOX Fee Schedule.                                                of reasonable dues, fees, and other                                   from the Market Maker Tiered Volume
                                                  Specifically, the Exchange proposes to                                      charges among BOX Participants and                                    Rebate is reasonable, equitable and not
                                                  relabel the highest tier within each                                        other persons using its facilities and                                unfairly discriminatory. BOX provides
                                                  structure to clarify what percentage of                                     does not unfairly discriminate between                                these volume based rebates to
                                                  volume is needed to qualify for the tier.                                   customers, issuers, brokers or dealers.                               incentivize Market Makers to direct
                                                  The Exchange also proposes to remove                                           The Exchange believes that the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                                                    order flow to the Exchange to obtain the
                                                  the reference date at the beginning of                                      proposed changes to the Tiered Volume                                 benefit of the rebate, which will in turn
                                                  the BOX Fee Schedule.                                                       Rebates for Market Makers in Non-                                     benefit all market participants by
                                                  2. Statutory Basis                                                          Auction Transactions are reasonable,                                  increasing liquidity on the Exchange.
                                                                                                                              equitable and not unfairly                                            The Exchange believes by providing a
                                                    The Exchange believes that the                                            discriminatory.                                                       rebate to only those transactions that are
                                                  proposal is consistent with the                                                                                                                   the result of a quote, Market Makers will
                                                  requirements of Section 6(b) of the Act,                                       5 15   U.S.C. 78f(b)(4) and (5).



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                                                                               Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices                                                     8805

                                                  be further encouraged to direct liquidity                  The Exchange believes that amending                   Electronic Comments
                                                  to BOX.                                                 the proposed rebate structure for Marker
                                                     The Exchange believes it is reasonable               [sic] Maker Non-Auction Transactions                       • Use the Commission’s Internet
                                                  to amend the structure of the Tiered                    will not impose a burden on                              comment form (http://www.sec.gov/
                                                  Volume Rebates for Market Makers in                     competition among various Exchange                       rules/sro.shtml); or
                                                  Non-Auction Transactions to                             Participants. The Exchange believes that                   • Send an email to rule-comments@
                                                  distinguish whether the Market Maker is                 the proposed changes will result in                      sec.gov. Please include File Number SR–
                                                  a liquidity provider or liquidity taker,                Market Makers being rebated                              BOX–2016–07 on the subject line.
                                                  and remove the rebate for Market                        appropriately for these transactions.
                                                  Makers that take liquidity. As stated                   Further, the Exchange believes that this                 Paper Comments
                                                  above, the volume thresholds and                        proposal will enhance competition
                                                                                                                                                                     • Send paper comments in triplicate
                                                  applicable rebates are meant to                         between exchanges because it is
                                                                                                                                                                   to Secretary, Securities and Exchange
                                                  incentivize Market Makers to direct                     designed to allow the Exchange to better
                                                                                                          compete with other exchanges for order                   Commission, 100 F Street NE.,
                                                  order flow to the Exchange to obtain the
                                                  benefit of the rebate, which will in turn               flow.                                                    Washington, DC 20549–1090.
                                                  benefit all market participants by                         Finally, the Exchange notes that it                   All submissions should refer to File
                                                  increasing liquidity on the Exchange.                   operates in a highly competitive market                  Number SR–BOX–2016–07. This file
                                                  The Exchange notes that, while certain                  in which market participants can                         number should be included on the
                                                  Market Maker transactions will no                       readily favor competing exchanges. In                    subject line if email is used. To help the
                                                  longer receive a rebate, Market Maker                   such an environment, the Exchange                        Commission process and review your
                                                  Non-Auction transaction fees remain                     must continually review, and consider                    comments more efficiently, please use
                                                  lower than other account types and are                  adjusting, its fees and credits to remain                only one method. The Commission will
                                                  in line with the Market Maker fees at                   competitive with other exchanges. For                    post all comments on the Commission’s
                                                  other exchanges.6                                       the reasons described above, the                         Internet Web site (http://www.sec.gov/
                                                     In summary, the proposed changes to                  Exchange believes that the proposed                      rules/sro.shtml). Copies of the
                                                  the Market Maker Tiered Volume Rebate                   rule change reflects this competitive                    submission, all subsequent
                                                  are intended to attract order flow to the               environment.
                                                                                                                                                                   amendments, all written statements
                                                  Exchange by incentivizing Market
                                                                                                          C. Self-Regulatory Organization’s                        with respect to the proposed rule
                                                  Makers to post liquidity on BOX. The
                                                                                                          Statement on Comments on the                             change that are filed with the
                                                  practice of providing incentives to
                                                                                                          Proposed Rule Change Received From                       Commission, and all written
                                                  increase order flow is, and has been, a
                                                                                                          Members, Participants, or Others                         communications relating to the
                                                  common practice in the options
                                                  markets. Further, the Exchange believes                   No written comments were either                        proposed rule change between the
                                                  it is appropriate to provide incentives                 solicited or received.                                   Commission and any person, other than
                                                  for Market Makers which will result in                                                                           those that may be withheld from the
                                                                                                          III. Date of Effectiveness of the                        public in accordance with the
                                                  greater liquidity and ultimately benefit
                                                                                                          Proposed Rule Change and Timing for                      provisions of 5 U.S.C. 552, will be
                                                  all Participants trading on the Exchange.
                                                                                                          Commission Action                                        available for Web site viewing and
                                                     The Exchange believes that the non-
                                                  substantive technical changes to the                       The foregoing rule change has become                  printing in the Commission’s Public
                                                  BOX Fee Schedule are reasonable,                        effective pursuant to Section                            Reference Room, 100 F Street NE.,
                                                  equitable and not unfairly                              19(b)(3)(A)(ii) of the Exchange Act7 and                 Washington, DC 20549 on official
                                                  discriminatory. Specifically, the                       Rule 19b–4(f)(2) thereunder,8 because it                 business days between the hours of
                                                  Exchange believes it is reasonable and                  establishes or changes a due, or fee.                    10:00 a.m. and 3:00 p.m. Copies of such
                                                  appropriate to clarify the parameters of                   At any time within 60 days of the                     filing also will be available for
                                                  those tiers in order for Participants to                filing of the proposed rule change, the                  inspection and copying at the principal
                                                  better understand what percentage of                    Commission summarily may                                 office of the Exchange. All comments
                                                  volume qualifies for a rebate. The                      temporarily suspend the rule change if                   received will be posted without change;
                                                  Exchange also believes it is reasonable                 it appears to the Commission that the                    the Commission does not edit personal
                                                  to remove the reference date, as doing                  action is necessary or appropriate in the                identifying information from
                                                  so will reduce investor confusion.                      public interest, for the protection of                   submissions. You should submit only
                                                  B. Self-Regulatory Organization’s                       investors, or would otherwise further                    information that you wish to make
                                                  Statement on Burden on Competition                      the purposes of the Act. If the                          available publicly. All submissions
                                                                                                          Commission takes such action, the                        should refer to File Number SR–BOX–
                                                    The Exchange does not believe that                    Commission shall institute proceedings                   2016–07, and should be submitted on or
                                                  the proposed rule change will impose                    to determine whether the proposed rule
                                                  any burden on competition not                                                                                    before March 14, 2016.
                                                                                                          should be approved or disapproved.
                                                  necessary or appropriate in furtherance                                                                            For the Commission, by the Division of
                                                  of the purposes of the Act.                             IV. Solicitation of Comments                             Trading and Markets, pursuant to delegated
                                                                                                            Interested persons are invited to                      authority.9
                                                    6 Market  Makers are charged anywhere from to         submit written data, views, and                          Brent J. Fields,
                                                  $0.05 to $0.29 on the Miami International Securities
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          arguments concerning the foregoing,                      Secretary.
                                                  Exchange, LLC (‘‘MIAX’’), See the MIAX Fee
                                                  Schedule Section I(a)(i) ‘‘Market Maker Transaction
                                                                                                          including whether the proposed rule                      [FR Doc. 2016–03527 Filed 2–19–16; 8:45 am]
                                                  Fees’’ and ‘‘Market Maker Sliding Scale’’; and          change is consistent with the Act.                       BILLING CODE 8011–01–P
                                                  charged $0.39 to $0.95 on the NASDAQ OMX BX,            Comments may be submitted by any of
                                                  Inc. (‘‘BX Options’’) Chapter XV, Section 2 BX          the following methods:
                                                  Options Market—Fees and Rebates; and charged
                                                  $0.35 to $1.10 on NASDAQ Stock Market LLC
                                                                                                            7 15   U.S.C. 78s(b)(3)(A)(ii).
                                                  (‘‘NOM’’) Chapter XV, Section 2 NASDAQ Options
                                                  Market—Fees and Rebates.                                  8 17   CFR 240.19b–4(f)(2).                              9 17   CFR 200.30–3(a)(12).



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Document Created: 2016-02-19 23:56:59
Document Modified: 2016-02-19 23:56:59
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 8803 

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