81_FR_9098 81 FR 9063 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Reduce the Order Handling Period for Directed Orders From Three Seconds to One Second

81 FR 9063 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Reduce the Order Handling Period for Directed Orders From Three Seconds to One Second

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 35 (February 23, 2016)

Page Range9063-9065
FR Document2016-03662

Federal Register, Volume 81 Issue 35 (Tuesday, February 23, 2016)
[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Pages 9063-9065]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03662]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77154 ; File No. SR-BOX-2016-08]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Reduce the Order Handling Period for Directed Orders From Three Seconds 
to One Second

February 17, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on 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 and II below, which Items 
have been prepared by the self-regulatory organization. The Commission 
is publishing this notice to solicit comments on the proposed rule from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to reduce the order handling period for 
Directed Orders from three seconds to one second. 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.

[[Page 9064]]

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 8040(d)(4) (Obligations of 
Market Makers) of the BOX Trading Rules, and the corresponding IM-8040-
1 to reduce the order handling period for Directed Orders from three 
seconds to one second.\3\ Based on trading and order management systems 
technology today, a three second period for a Market Maker to determine 
how to proceed with a Directed Order on BOX is simply unnecessary and 
BOX believes one second to act upon a Directed Order is more 
appropriate.
---------------------------------------------------------------------------

    \3\ A Directed Order is any Customer Order to buy or sell which 
has been directed to a particular Market Maker by an Order Flow 
Provider (``OFP''). See BOX Rule 100(a)(19).
---------------------------------------------------------------------------

    Currently, upon receipt of a Directed Order, an Executing 
Participant (``EP'') has three seconds to either submit the Directed 
Order to the Price Improvement Period (``PIP'') \4\ or send the 
Directed Order to the BOX Book. If, three seconds after receipt of a 
Directed Order, an EP has not taken any action on the Directed Order, 
then BOX automatically releases the Directed Order to the BOX Book. The 
Exchange proposes to reduce the amount of time that an EP has to act on 
a Directed Order to one second.
---------------------------------------------------------------------------

    \4\ See BOX Rule 7150.
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    IM-8040-1 currently provides that Market Makers are expected to act 
upon Directed Orders as immediately as practicable, which must not 
exceed three seconds. The Exchange proposes that this be reduced to one 
second.
    When approving previous reductions in order handling and exposure 
periods on BOX, the Commission concluded that, in the electronic 
environment of BOX, ``reducing each of these exposure periods from 
three seconds to one second could facilitate the prompt execution of 
orders, while continuing to provide market participants with an 
opportunity to compete for exposed bids and offers.'' \5\ While BOX 
recognizes that exposure and handling periods are different, BOX 
believes that reducing the handling period from three seconds to one 
second falls under the same rationale that the Commission approved for 
the reduction of the exposure period.\6\ Specifically, both situations 
involve decision making by a Participant's systems, whether it be to 
respond to the exposed order or how to handle a Directed Order. 
Therefore, the Exchange believes that the same rational [sic] should be 
used in determining the validity of the proposed change. Additionally, 
like the reduction of the exposure period, the reduction of the 
handling period from three seconds to one second could result in more 
timely executions of orders on BOX due to the shorter decision making 
time for the EPs. BOX also recognizes that one second is not long 
enough to allow human interaction when an EP receives a Directed Order. 
However, all EPs on BOX operate sufficiently automated electronic 
systems so that they can react and respond to receipt of a Directed 
Order in a meaningful way within fractions of a second and no longer 
need the three second period.\7\
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    \5\ See Securities Exchange Act Release Nos. 59638 (March 27, 
2009), 74 FR 15020 (April 2, 2009) (SR-BX-2009-015) (Order Granting 
Approval of Reduction of Certain Order Handling and Exposure Periods 
on BOX From Three Seconds to One Second). See also 68965 (February 
21, 2013), 78 FR 13387 (February 27, 2013) (SR-BOX-2013-08) (Notice 
of Filing of Proposed Rule Change to Reduce the Directed Order 
Exposure Period on BOX From Three Seconds to One Second).
    \6\ Id.
    \7\ The Exchange spoke with BOX Participants who unanimously 
confirmed that their respective systems can react and respond to 
receipt of a Directed Order within fractions of a second.
---------------------------------------------------------------------------

    BOX believes that further reducing its Directed Order handling 
period from three seconds to one second will benefit customer orders 
submitted by OFPs. BOX believes it is in all participants' best 
interests to minimize the time of any order processing period. Further, 
BOX believes that reducing the Directed Order handling period to one 
second will continue to provide EPs sufficient time to appropriately 
respond to receipt of Directed Orders. As discussed above, reducing the 
handling period from three seconds to one second will result in a 
shorter decision making time for the EPs, which in turn could cause the 
Directed Orders to be handled more quickly. Thus, reducing the handling 
period from three seconds to one second could provide investors and 
other market participants with more timely executions of their orders 
on BOX. EPs on BOX are able to respond to orders in fractions of a 
second and BOX believes it is appropriate and beneficial for EPs to act 
upon receipt of Directed Orders within one second rather than three 
seconds.
    Within 90 days of the proposed rule change being operative, and at 
least one week prior to implementation, BOX will issue a regulatory 
circular to inform BOX Participants of the implementation date for the 
reduction of the Directed Order handling period from three seconds to 
one second. BOX has discussed the implementation of the change with the 
relevant Participants and believes this will give EPs adequate time to 
make any necessary system modifications to coincide with the 
implementation date.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of Section 6(b) of the Act,\8\ in general, and Section 
6(b)(5) of the Act,\9\ in particular, in that it is designed to promote 
just and equitable principles of trade, to foster cooperation and 
coordination with persons engaged in regulating, clearing, settling, 
processing information with respect to, and facilitating transactions 
in securities, to remove impediments to and perfect the mechanism for a 
free and open market and a national market system and, in general, to 
protect investors and the public interest. In particular, reducing the 
handling period from three seconds to one second will result in a 
shorter decision making time for the EPs, which in turn could cause the 
Directed Orders to be handled more quickly. Accordingly, the proposed 
rule change may provide investors with more prompt and timely execution 
of Directed Orders on BOX. Therefore, the proposed rule change is 
consistent with the requirements above.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed rule change is not unfairly 
discriminatory because the time period for acting upon Directed Orders 
would be the same for all EPs. As such, the Exchange believes that a 
reduction in the Directed Order handling time on BOX would not be 
unfairly discriminatory and would benefit investors.

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

    The Exchange believes the proposed change is not unfairly 
discriminatory because the handling time for Directed

[[Page 9065]]

Orders would be the same for all Participants. All Participants on BOX 
have today, and will continue to have, an equal opportunity to respond 
to Directed Orders exposed on BOX. As such, the Exchange believes that 
a reduction in the Directed Order handling period on BOX would not be 
unfairly discriminatory and would benefit investors. For these reasons, 
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.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\ 
Because the foregoing proposed rule change does not: (i) Significantly 
affect the protection of investors or the public interest; (ii) impose 
any significant burden on competition; and (iii) become operative for 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, it has become effective pursuant to 
Section 19(b)(3)(A) of the Act \12\ and Rule 19b-4(f)(6) 
thereunder.\13\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's intent to file the proposed rule change, along with a 
brief description and text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission. The 
Exchange has satisfied this requirement.
    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.\14\ If the 
Commission takes such action, the Commission shall institute 
proceedings to determine whether the proposed rule change should be 
approved or disapproved.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ Id.
---------------------------------------------------------------------------

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-2016-08 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-2016-08. 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-2016-08 and should be 
submitted on or before March 15, 2016.
    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-03662 Filed 2-22-16; 8:45 am]
BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices                                                     9063

                                                  of the purposes of the Act, as                             III. Date of Effectiveness of the                        inspection and copying at the principal
                                                  amended.19 In terms of inter-market                        Proposed Rule Change and Timing for                      offices of the Exchange. All comments
                                                  competition, the Exchange notes that it                    Commission Action                                        received will be posted without change;
                                                  operates in a highly competitive market                       The foregoing change has become                       the Commission does not edit personal
                                                  in which market participants can                           effective pursuant to Section                            identifying information from
                                                  readily favor competing venues if they                     19(b)(3)(A)(ii) of the Act.20 At any time                submissions. You should submit only
                                                  deem fee levels at a particular venue to                   within 60 days of the filing of the                      information that you wish to make
                                                  be excessive, or credit opportunities                      proposed rule change, the Commission                     available publicly. All submissions
                                                  available at other venues to be more                       summarily may temporarily suspend                        should refer to File Number SR–
                                                  favorable. In such an environment, the                     such rule change if it appears to the                    NASDAQ–2016–020, and should be
                                                  Exchange must continually adjust its                       Commission that such action is                           submitted on or before March 15, 2016.
                                                  fees and credits to remain competitive                     necessary or appropriate in the public                     For the Commission, by the Division of
                                                  with other exchanges and with                              interest, for the protection of investors,               Trading and Markets, pursuant to delegated
                                                  alternative trading systems that have                      or otherwise in furtherance of the                       authority.21
                                                  been exempted from compliance with                         purposes of the Act.                                     Robert W. Errett,
                                                  the statutory standards applicable to
                                                  exchanges. Because competitors are free                    IV. Solicitation of Comments                             Deputy Secretary.
                                                  to modify their own fees and credits in                      Interested persons are invited to                      [FR Doc. 2016–03660 Filed 2–22–16; 8:45 am]
                                                  response, and because market                               submit written data, views, and                          BILLING CODE 8011–01–P
                                                  participants may readily adjust their                      arguments concerning the foregoing,
                                                  order routing practices, the Exchange                      including whether the proposed rule
                                                  believes that the degree to which fee                      change is consistent with the Act.                       SECURITIES AND EXCHANGE
                                                  changes in this market may impose any                      Comments may be submitted by any of                      COMMISSION
                                                  burden on competition is extremely                         the following methods:
                                                  limited.                                                   Electronic Comments                                      [Release No. 34–77154 ; File No. SR–BOX–
                                                     In this instance, the proposed                                                                                   2016–08]
                                                                                                               • Use the Commission’s Internet
                                                  additional $0.0001 per share executed                      comment form (http://www.sec.gov/                        Self-Regulatory Organizations; BOX
                                                  credit for displayed quotes/orders that                    rules/sro.shtml); or                                     Options Exchange LLC; Notice of
                                                  provide liquidity priced at $1 or more                       • Send an email to rule-comments@                      Filing and Immediate Effectiveness of
                                                  in connection with the NBBO Program                        sec.gov. Please include File Number SR–                  a Proposed Rule Change To Reduce
                                                  under Nasdaq Rule 7014(g), as well as                      NASDAQ–2016–020 on the subject line.                     the Order Handling Period for Directed
                                                  the easing of the criteria under Nasdaq
                                                                                                             Paper Comments                                           Orders From Three Seconds to One
                                                  Rule 7018(a) to receive a $0.0030
                                                                                                                                                                      Second
                                                  executed rebate for displayed quotes/                         • Send paper comments in triplicate
                                                  orders (other than Supplemental Orders                     to Secretary, Securities and Exchange                    February 17, 2016.
                                                  or Designated Retail Orders) that                          Commission, 100 F Street NE.,                               Pursuant to Section 19(b)(1) of the
                                                  provide liquidity, do not impose a                         Washington, DC 20549–1090.
                                                                                                                                                                      Securities Exchange Act of 1934
                                                  burden on competition because the                          All submissions should refer to File                     (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  Exchange’s execution services are                          Number SR–NASDAQ–2016–020. This                          notice is hereby given that on February
                                                  voluntary and subject to extensive                         file number should be included on the                    5, 2016, BOX Options Exchange LLC
                                                  competition both from other exchanges                      subject line if email is used. To help the               (the ‘‘Exchange’’) filed with the
                                                  and from off-exchange venues. The                          Commission process and review your                       Securities and Exchange Commission
                                                  Exchange believes that the competition                     comments more efficiently, please use                    (‘‘Commission’’) the proposed rule
                                                  among exchanges and other venues will                      only one method. The Commission will                     change as described in Items I and II
                                                  help to drive price improvement and                        post all comments on the Commission’s                    below, which Items have been prepared
                                                  overall execution quality higher for                       Internet Web site (http://www.sec.gov/                   by the self-regulatory organization. The
                                                  investors.                                                 rules/sro.shtml). Copies of the
                                                                                                                                                                      Commission is publishing this notice to
                                                     In sum, if the rule change proposed                     submission, all subsequent
                                                                                                                                                                      solicit comments on the proposed rule
                                                  herein is unattractive to market                           amendments, all written statements
                                                                                                                                                                      from interested persons.
                                                  participants, it is likely that the                        with respect to the proposed rule
                                                  Exchange will lose market share as a                       change that are filed with the                           I. Self-Regulatory Organization’s
                                                  result. Accordingly, the Exchange does                     Commission, and all written                              Statement of the Terms of Substance of
                                                  not believe that the proposed change                       communications relating to the                           the Proposed Rule Change
                                                  will impair the ability of members or                      proposed rule change between the
                                                                                                             Commission and any person, other than                       The Exchange proposes to reduce the
                                                  competing order execution venues to
                                                                                                             those that may be withheld from the                      order handling period for Directed
                                                  maintain their competitive standing in
                                                                                                             public in accordance with the                            Orders from three seconds to one
                                                  the financial markets.
                                                                                                             provisions of 5 U.S.C. 552, will be                      second. The text of the proposed rule
                                                  C. Self-Regulatory Organization’s                          available for Web site viewing and                       change is available from the principal
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Statement on Comments on the                               printing in the Commission’s Public                      office of the Exchange, at the
                                                  Proposed Rule Change Received From                         Reference Room, 100 F Street NE.,                        Commission’s Public Reference Room
                                                  Members, Participants, or Others                           Washington, DC 20549 on official                         and also on the Exchange’s Internet Web
                                                                                                             business days between the hours of                       site at http://boxexchange.com.
                                                    Written comments were neither                            10:00 a.m. and 3:00 p.m. Copies of such
                                                  solicited nor received.                                    filing also will be available for                          21 17 CFR 200.30–3(a)(12).
                                                                                                                                                                        1 15 U.S.C. 78s(b)(1).
                                                    19 15   U.S.C. 78f(b)(8).                                  20 15   U.S.C. 78s(b)(3)(A)(ii).                         2 17 CFR 240.19b–4.




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                                                  9064                        Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices

                                                  II. Self-Regulatory Organization’s                      execution of orders, while continuing to              executions of their orders on BOX. EPs
                                                  Statement of the Purpose of, and                        provide market participants with an                   on BOX are able to respond to orders in
                                                  Statutory Basis for, the Proposed Rule                  opportunity to compete for exposed bids               fractions of a second and BOX believes
                                                  Change                                                  and offers.’’ 5 While BOX recognizes that             it is appropriate and beneficial for EPs
                                                     In its filing with the Commission, the               exposure and handling periods are                     to act upon receipt of Directed Orders
                                                  self-regulatory organization included                   different, BOX believes that reducing                 within one second rather than three
                                                  statements concerning the purpose of,                   the handling period from three seconds                seconds.
                                                  and basis for, the proposed rule change                 to one second falls under the same                       Within 90 days of the proposed rule
                                                  and discussed any comments it received                  rationale that the Commission approved                change being operative, and at least one
                                                  on the proposed rule change. The text                   for the reduction of the exposure                     week prior to implementation, BOX will
                                                  of these statements may be examined at                  period.6 Specifically, both situations                issue a regulatory circular to inform
                                                  the places specified in Item IV below.                  involve decision making by a                          BOX Participants of the implementation
                                                  The self-regulatory organization has                    Participant’s systems, whether it be to               date for the reduction of the Directed
                                                  prepared summaries, set forth in                        respond to the exposed order or how to                Order handling period from three
                                                  Sections A, B, and C below, of the most                 handle a Directed Order. Therefore, the               seconds to one second. BOX has
                                                  significant aspects of such statements.                 Exchange believes that the same rational              discussed the implementation of the
                                                                                                          [sic] should be used in determining the               change with the relevant Participants
                                                  A. Self-Regulatory Organization’s                       validity of the proposed change.                      and believes this will give EPs adequate
                                                  Statement of the Purpose of, and                        Additionally, like the reduction of the               time to make any necessary system
                                                  Statutory Basis for, the Proposed Rule                  exposure period, the reduction of the                 modifications to coincide with the
                                                  Change                                                  handling period from three seconds to                 implementation date.
                                                  1. Purpose                                              one second could result in more timely                2. Statutory Basis
                                                                                                          executions of orders on BOX due to the
                                                     The Exchange proposes to amend                                                                                The Exchange believes that the
                                                                                                          shorter decision making time for the
                                                  Rule 8040(d)(4) (Obligations of Market                                                                        proposal is consistent with the
                                                                                                          EPs. BOX also recognizes that one
                                                  Makers) of the BOX Trading Rules, and                                                                         requirements of Section 6(b) of the Act,8
                                                                                                          second is not long enough to allow
                                                  the corresponding IM–8040–1 to reduce                                                                         in general, and Section 6(b)(5) of the
                                                                                                          human interaction when an EP receives
                                                  the order handling period for Directed                                                                        Act,9 in particular, in that it is designed
                                                                                                          a Directed Order. However, all EPs on
                                                  Orders from three seconds to one                                                                              to promote just and equitable principles
                                                  second.3 Based on trading and order                     BOX operate sufficiently automated
                                                                                                          electronic systems so that they can react             of trade, to foster cooperation and
                                                  management systems technology today,                                                                          coordination with persons engaged in
                                                  a three second period for a Market                      and respond to receipt of a Directed
                                                                                                          Order in a meaningful way within                      regulating, clearing, settling, processing
                                                  Maker to determine how to proceed                                                                             information with respect to, and
                                                  with a Directed Order on BOX is simply                  fractions of a second and no longer need
                                                                                                          the three second period.7                             facilitating transactions in securities, to
                                                  unnecessary and BOX believes one                                                                              remove impediments to and perfect the
                                                                                                             BOX believes that further reducing its
                                                  second to act upon a Directed Order is                                                                        mechanism for a free and open market
                                                                                                          Directed Order handling period from
                                                  more appropriate.                                                                                             and a national market system and, in
                                                     Currently, upon receipt of a Directed                three seconds to one second will benefit
                                                                                                          customer orders submitted by OFPs.                    general, to protect investors and the
                                                  Order, an Executing Participant (‘‘EP’’)                                                                      public interest. In particular, reducing
                                                  has three seconds to either submit the                  BOX believes it is in all participants’
                                                                                                          best interests to minimize the time of                the handling period from three seconds
                                                  Directed Order to the Price                                                                                   to one second will result in a shorter
                                                  Improvement Period (‘‘PIP’’) 4 or send                  any order processing period. Further,
                                                                                                          BOX believes that reducing the Directed               decision making time for the EPs, which
                                                  the Directed Order to the BOX Book. If,
                                                                                                          Order handling period to one second                   in turn could cause the Directed Orders
                                                  three seconds after receipt of a Directed
                                                                                                          will continue to provide EPs sufficient               to be handled more quickly.
                                                  Order, an EP has not taken any action
                                                                                                          time to appropriately respond to receipt              Accordingly, the proposed rule change
                                                  on the Directed Order, then BOX
                                                                                                          of Directed Orders. As discussed above,               may provide investors with more
                                                  automatically releases the Directed
                                                                                                          reducing the handling period from three               prompt and timely execution of
                                                  Order to the BOX Book. The Exchange
                                                                                                          seconds to one second will result in a                Directed Orders on BOX. Therefore, the
                                                  proposes to reduce the amount of time
                                                                                                          shorter decision making time for the                  proposed rule change is consistent with
                                                  that an EP has to act on a Directed Order
                                                                                                          EPs, which in turn could cause the                    the requirements above.
                                                  to one second.                                                                                                   The Exchange believes the proposed
                                                     IM–8040–1 currently provides that                    Directed Orders to be handled more
                                                                                                          quickly. Thus, reducing the handling                  rule change is not unfairly
                                                  Market Makers are expected to act upon
                                                                                                          period from three seconds to one second               discriminatory because the time period
                                                  Directed Orders as immediately as
                                                                                                          could provide investors and other                     for acting upon Directed Orders would
                                                  practicable, which must not exceed
                                                                                                          market participants with more timely                  be the same for all EPs. As such, the
                                                  three seconds. The Exchange proposes
                                                                                                                                                                Exchange believes that a reduction in
                                                  that this be reduced to one second.
                                                     When approving previous reductions                     5 See Securities Exchange Act Release Nos. 59638    the Directed Order handling time on
                                                  in order handling and exposure periods                  (March 27, 2009), 74 FR 15020 (April 2, 2009) (SR–    BOX would not be unfairly
                                                                                                          BX–2009–015) (Order Granting Approval of              discriminatory and would benefit
                                                  on BOX, the Commission concluded                        Reduction of Certain Order Handling and Exposure
                                                  that, in the electronic environment of                  Periods on BOX From Three Seconds to One
                                                                                                                                                                investors.
                                                  BOX, ‘‘reducing each of these exposure                  Second). See also 68965 (February 21, 2013), 78 FR    B. Self-Regulatory Organization’s
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          13387 (February 27, 2013) (SR–BOX–2013–08)
                                                  periods from three seconds to one                       (Notice of Filing of Proposed Rule Change to
                                                                                                                                                                Statement on Burden on Competition
                                                  second could facilitate the prompt                      Reduce the Directed Order Exposure Period on BOX        The Exchange believes the proposed
                                                                                                          From Three Seconds to One Second).
                                                    3 A Directed Order is any Customer Order to buy         6 Id.
                                                                                                                                                                change is not unfairly discriminatory
                                                  or sell which has been directed to a particular           7 The Exchange spoke with BOX Participants who
                                                                                                                                                                because the handling time for Directed
                                                  Market Maker by an Order Flow Provider (‘‘OFP’’).       unanimously confirmed that their respective
                                                  See BOX Rule 100(a)(19).                                systems can react and respond to receipt of a           8 15   U.S.C. 78f(b).
                                                    4 See BOX Rule 7150.                                  Directed Order within fractions of a second.            9 15   U.S.C. 78f(b)(5).



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                                                                                Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices                                                 9065

                                                  Orders would be the same for all                          IV. Solicitation of Comments                           For the Commission, by the Division
                                                  Participants. All Participants on BOX                                                                          of Trading and Markets, pursuant to
                                                  have today, and will continue to have,                      Interested persons are invited to                  delegated authority.16
                                                  an equal opportunity to respond to                        submit written data, views and
                                                  Directed Orders exposed on BOX. As                        arguments concerning the foregoing,                  Robert W. Errett,
                                                  such, the Exchange believes that a                        including whether the proposed rule                  Deputy Secretary.
                                                  reduction in the Directed Order                           change is consistent with the Act.                   [FR Doc. 2016–03662 Filed 2–22–16; 8:45 am]
                                                  handling period on BOX would not be                       Comments may be submitted by any of                  BILLING CODE 8011–01–P
                                                  unfairly discriminatory and would                         the following methods:
                                                  benefit investors. For these reasons, the
                                                  Exchange does not believe that the                        Electronic Comments                                  SECURITIES AND EXCHANGE
                                                  proposed rule change will impose any                        • Use the Commission’s Internet                    COMMISSION
                                                  burden on competition not necessary or                    comment form (http://www.sec.gov/
                                                  appropriate in furtherance of the
                                                                                                            rules/sro.shtml); or                                 [Release No. 34–77158; File No. SR–FINRA–
                                                  purposes of the Act.                                                                                           2016–008]
                                                                                                              • Send an email to rule-comments@
                                                  C. Self-Regulatory Organization’s                         sec.gov. Please include File Number SR–
                                                  Statement on Comments on the                                                                                   Self-Regulatory Organizations;
                                                                                                            BOX–2016–08 on the subject line.                     Financial Industry Regulatory
                                                  Proposed Rule Change Received From
                                                  Members, Participants, or Others                          Paper Comments                                       Authority, Inc.; Notice of Filing and
                                                                                                                                                                 Immediate Effectiveness of a Proposed
                                                    The Exchange has neither solicited                        • Send paper comments in triplicate
                                                  nor received comments on the proposed                                                                          Rule Change To Delay the
                                                                                                            to Secretary, Securities and Exchange                Implementation Date of FINRA Rule
                                                  rule change.
                                                                                                            Commission, 100 F Street NE.,                        2242 (Debt Research Analysts and
                                                  III. Date of Effectiveness of the                         Washington, DC 20549–1090.                           Debt Research Reports)
                                                  Proposed Rule Change and Timing for
                                                  Commission Action                                         All submissions should refer to File                 February 17, 2016.
                                                                                                            Number SR–BOX–2016–08. This file
                                                     The Exchange has filed the proposed                    number should be included on the                        Pursuant to Section 19(b)(1) of the
                                                  rule change pursuant to Section                           subject line if email is used. To help the           Securities Exchange Act of 1934
                                                  19(b)(3)(A) of the Act 10 and Rule 19b–                                                                        (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                                                                            Commission process and review your
                                                  4(f)(6) thereunder.11 Because the                                                                              notice is hereby given that on February
                                                                                                            comments more efficiently, please use
                                                  foregoing proposed rule change does                                                                            16, 2016, Financial Industry Regulatory
                                                                                                            only one method. The Commission will
                                                  not: (i) Significantly affect the                                                                              Authority, Inc. (‘‘FINRA’’) filed with the
                                                                                                            post all comments on the Commission’s
                                                  protection of investors or the public                                                                          Securities and Exchange Commission
                                                  interest; (ii) impose any significant                     Internet Web site (http://www.sec.gov/
                                                                                                                                                                 (the ‘‘Commission’’) the proposed rule
                                                  burden on competition; and (iii) become                   rules/sro.shtml). Copies of the
                                                                                                                                                                 change as described in Items I, II, and
                                                  operative for 30 days from the date on                    submission, all subsequent                           III below, which Items have been
                                                  which it was filed, or such shorter time                  amendments, all written statements                   substantially prepared by FINRA.
                                                  as the Commission may designate, it has                   with respect to the proposed rule                    FINRA has designated the proposed rule
                                                  become effective pursuant to Section                      change that are filed with the                       change as constituting a ‘‘non-
                                                  19(b)(3)(A) of the Act 12 and Rule 19b–                   Commission, and all written                          controversial’’ rule change under
                                                  4(f)(6) thereunder.13                                     communications relating to the                       paragraph (f)(6) of Rule 19b–4 under the
                                                     At any time within 60 days of the                      proposed rule change between the                     Act,3 which renders the proposal
                                                  filing of the proposed rule change, the                   Commission and any person, other than                effective upon receipt of this filing by
                                                  Commission summarily may                                  those that may be withheld from the                  the Commission. The Commission is
                                                  temporarily suspend such rule change if                   public in accordance with the                        publishing this notice to solicit
                                                  it appears to the Commission that such                    provisions of 5 U.S.C. 552, will be                  comments on the proposed rule change
                                                  action is necessary or appropriate in the                 available for Web site viewing and                   from interested persons.
                                                  public interest, for the protection of                    printing in the Commission’s Public
                                                  investors, or otherwise in furtherance of                 Reference Room, 100 F Street NE.,                    I. Self-Regulatory Organization’s
                                                  the purposes of the Act.14 If the                         Washington, DC 20549 on official                     Statement of the Terms of Substance of
                                                  Commission takes such action, the                         business days between the hours of                   the Proposed Rule Change
                                                  Commission shall institute proceedings                    10:00 a.m. and 3:00 p.m. Copies of such
                                                  to determine whether the proposed rule                                                                            FINRA is proposing to delay
                                                                                                            filing also will be available for                    implementation of FINRA Rule 2242
                                                  change should be approved or
                                                                                                            inspection and copying at the principal              (Debt Research Analysts and Debt
                                                  disapproved.15
                                                                                                            office of the Exchange. All comments                 Research Reports) until April 22, 2016.
                                                    10 15   U.S.C. 78s(b)(3)(A).
                                                                                                            received will be posted without change;              The proposed rule change would not
                                                    11 17   CFR 240.19b–4(f)(6). In addition, Rule 19b–     the Commission does not edit personal                make any other changes to FINRA rules.
                                                  4(f)(6)(iii) requires the Exchange to give the            identifying information from                            The text of the proposed rule change
                                                  Commission written notice of the Exchange’s intent        submissions. You should submit only
                                                  to file the proposed rule change, along with a brief                                                           is available on FINRA’s Web site at
                                                                                                            information that you wish to make
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  description and text of the proposed rule change,                                                              http://www.finra.org, at the principal
                                                  at least five business days prior to the date of filing   available publicly. All submissions                  office of FINRA and at the
                                                  of the proposed rule change, or such shorter time         should refer to File Number SR–BOX–
                                                  as designated by the Commission. The Exchange
                                                                                                                                                                 Commission’s Public Reference Room.
                                                  has satisfied this requirement.
                                                                                                            2016–08 and should be submitted on or
                                                     12 15 U.S.C. 78s(b)(3)(A).                             before March 15, 2016.                                 16 17 CFR 200.30–3(a)(12).
                                                     13 17 CFR 240.19b–4(f)(6).                                                                                    1 15 U.S.C. 78s(b)(1).
                                                     14 15 U.S.C. 78s(b)(3)(A).                                                                                    2 17 CFR 240.19b–4.
                                                     15 Id.                                                                                                        3 17 CFR 240.19b–4(f)(6).




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Document Created: 2018-02-02 14:33:31
Document Modified: 2018-02-02 14:33:31
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 9063 

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