82_FR_22776 82 FR 22682 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt Qualified Contingent Cross Orders

82 FR 22682 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt Qualified Contingent Cross Orders

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 94 (May 17, 2017)

Page Range22682-22685
FR Document2017-09931

Federal Register, Volume 82 Issue 94 (Wednesday, May 17, 2017)
[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Notices]
[Pages 22682-22685]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09931]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80661; File No. SR-BOX-2017-14]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Adopt Qualified Contingent Cross Orders

May 11, 2017.
    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 May 9, 2017, 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 self-regulatory organization. The Commission 
is publishing this notice to solicit

[[Page 22683]]

comments on the proposed rule from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to adopt Qualified Contingent Cross Orders. 
The text of the proposed rule change is available from the principal 
office of the Exchange, at the Commission's Public Reference Room and 
also on the Exchange's Internet Web site at http://boxexchange.com.

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

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

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

1. Purpose
    The Exchange is filing this proposal to adopt Qualified Contingent 
Cross Orders (``QCC Orders''), as described below.

Background

    The purpose of this filing is to adopt rules related to QCC Orders. 
The proposed rule change is based on the rules of other options 
exchanges, including an International Securities Exchange (``ISE'') 
proposal that was previously approved by the Securities and Exchange 
Commission (``Commission'').\3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release Nos. 63955 (February 24, 
2011), 76 FR 11533 (March 2, 2011) (SR-ISE-2010-73) (``ISE 
Approval''); 79942 (February 2, 2017), 82 FR 9804 (February 8, 2017) 
(Notice of Filing and Immediate Effectiveness of SR-EDGX-2017-11).
---------------------------------------------------------------------------

    The Exchange is currently a party to the Options Order Protection 
and Locked/Crossed Market Plan (``Linkage Plan''), and has implemented 
Exchange rules in conjunction with that plan, which are set forth in 
Rule 15000 of the Exchange's Rules (the ``Linkage Rules''). Similar to 
Regulation NMS under the Act, the Linkage Plan requires, among other 
things, that the Exchange establish, maintain and enforce written 
policies and procedures that are reasonably designed to prevent 
``Trade-Throughs.'' \4\ A Trade-Through is a transaction in an options 
series at a price that is inferior to the best price available in the 
market.\5\ The Linkage Plan replaced the Plan for the Purpose of 
Creating and Operating an Intermarket Option Linkage (``Old Linkage 
Plan''). The Old Linkage Plan provided a limited Trade-Through 
exemption for ``Block Trades,'' defined to be trades of 500 or more 
contracts with a premium value of at least $150,000.\6\ However, as 
with Regulation NMS, the Linkage Plan does not provide a Block Trade 
exemption. Since its original adoption by the ISE in 2011, QCC has been 
offered by multiple options exchanges as a limited substitute for the 
Block Trade exemption.\7\
---------------------------------------------------------------------------

    \4\ See Section 5(a) of the Linkage Plan
    \5\ See Section 2(21) of the Linkage Plan
    \6\ See Old Linkage Plan Sections 2(3) and 8(c)(i)(C).
    \7\ See ISE Rule 715(j), Supplementary Material .01 to ISE Rule 
715 and ISE Rule 721(b); see also CBOE Rule 6.53(u); NASDAQ PHLX 
Rule 1080(o); NYSE Arca Rule 6.62(bb), Commentary .02 to NYSE Arca 
Rule 6.62 and NYSE Arca Rule 6.90.
---------------------------------------------------------------------------

Proposal Regarding Qualified Contingent Cross Orders
    The purpose of the proposed change is to provide market 
participants with the ability to submit to the Exchange Qualified 
Contingent Cross Orders, an order type offered by multiple other 
options exchanges.\8\ The proposed operation of Qualified Contingent 
Cross Orders on the Exchange is substantially similar in all material 
respects to the operation of such orders on such other exchanges.
---------------------------------------------------------------------------

    \8\ See supra, note 7.
---------------------------------------------------------------------------

    The Exchange proposes to adopt Rule paragraph (c)(6) to Rule 7110 
to govern the operation of Qualified Contingent Cross Orders. As 
proposed, a Qualified Contingent Cross Order would be an originating 
order to buy or sell at least 1,000 standard option contracts, or 
10,000 mini-option contracts, that is identified as being part of a 
qualified contingent trade (as that term is proposed to be defined in 
IM-7110-2), coupled with a contra-side order or orders totaling an 
equal number of contracts. As proposed under IM-7110-2, a ``qualified 
contingent trade'' is a transaction consisting of two or more component 
orders, executed as agent or principal, where: (1) At least one 
component is an NMS stock, as defined in Rule 600 of Regulation NMS 
under the Act; (2) all components are effected with a product or price 
contingency that either has been agreed to by all the respective 
counterparties or arranged for by a broker-dealer as principal or 
agent; (3) the execution of one component is contingent upon the 
execution of all other components at or near the same time; (4) the 
specific relationship between the component orders (e.g., the spread 
between the prices of the component orders) is determined by the time 
the contingent order is placed; (5) the component orders bear a 
derivative relationship to one another, represent different classes of 
shares of the same issuer, or involve the securities of participants in 
mergers or with intentions to merge that have been announced or 
cancelled; and (6) the transaction is fully hedged (without regard to 
any prior existing position) as a result of other components of the 
contingent trade.
    Additionally, as proposed, Qualified Contingent Cross Orders would 
be allowed to execute automatically on entry without exposure provided 
the execution: (i) Is not at the same price as a Public Customer \9\ 
Order on the BOX Book; \10\ and (ii) is at or between the NBBO.\11\ As 
such, the Exchange also proposes to specify that a Qualified Contingent 
Cross Order will be rejected if there is an ongoing auction (including 
PIP, COPIP, Facilitation, and Solicitation auctions) or an exposed 
order on the option series when the Qualified Contingent Cross Order is 
received by the Exchange. The proposed Rule would also specify that 
Qualified Contingent Cross Orders will be cancelled if they cannot be 
executed. Also, pursuant to the proposed rule, Qualified Contingent 
Cross Orders may only be entered in the standard increments applicable 
to the options class under Rule 7050.
---------------------------------------------------------------------------

    \9\ The term ``Public Customer'' means a person that is not a 
broker or dealer in securities. See Rule 100(a)(51).
    \10\ The term ``BOX Book'' means the electronic book of orders 
on each single option series maintained by the BOX Trading Host. See 
Rule 100(a)(10).
    \11\ The NBBO means the national best bid or offer. See Rule 
100(a)(33).
---------------------------------------------------------------------------

    The Exchange will track and monitor QCC Orders to determine which 
is the originating side of the order and which is the contra-side(s) of 
the order to ensure that Participants are complying with the minimum 
1,000 contract size limitation (or 10,000 mini-option contract minimum) 
on the originating side of the QCC Order. The Exchange will check to 
see if Participants are aggregating multiple orders to meet the 1,000 
contract minimum on the originating side (or 10,000 mini-option 
contract minimum) of the trade in violation of the requirements of the 
rule.

[[Page 22684]]

The rule requires that the originating side of the trade consist of one 
party who is submitting a QCC Order for at least 1,000 contracts (or 
10,000 mini-option contracts). The Exchange represents that it will 
enforce compliance with this portion of the rule by checking to see if 
a Participants breaks up the originating side of the order in a post 
trade allocation to different clearing firms, allocating less than 
1,000 contracts (or 10,000 mini-option contracts) to a party or 
multiple parties. For example, a Participant enters a QCC Order into 
the system for 1,500 contracts and receives an execution. Subsequent to 
the execution, the Participant allocates the originating side of the 
order to two different clearing firms on a post trade allocation basis, 
thereby allocating 500 contracts to one clearing firm and 1,000 
contracts to another clearing firm. This type of transaction would not 
meet the requirements of a QCC Order under the current and proposed 
rule.
    With regard to order entry, a Participant will have to mark the 
originating side as the first order in the system and the contra-
side(s) as the second. The Exchange will monitor order entries to 
ensure that Participants are properly entering QCC Orders into the 
system.
    The Exchange anticipates implementing the proposed change during 
the second quarter of 2017. The Exchange will provide notice of the 
exact implementation date, via Circular, prior to implementing the 
proposed change.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of Section 6(b) of the Securities Exchange Act of 1934 
(the ``Act''),\12\ in general, and Section 6(b)(5) of the Act,\13\ in 
particular, in that it is designed to prevent fraudulent and 
manipulative acts and practices, to promote just and equitable 
principles of trade, to foster cooperation and coordination with 
persons engaged in facilitating transactions in securities, to remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system, and, in general to protect investors and the 
public interest. Specifically, the proposed change is designed to offer 
market participants greater flexibility by allowing such market 
participant to submit QCC Orders to BOX in the same way they are 
permitted to send QCC Orders to other options exchanges, thereby 
promoting just and equitable principles of trade, fostering cooperation 
and coordination with persons engaged in facilitating transactions in 
securities, removing impediments to, and perfecting the mechanism of, a 
free and open market and a national market system.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed rules are consistent with the protection of investors 
in that they are designed to prevent Trade-Throughs. In addition, the 
proposed rule change would promote a free and open market by permitting 
the Exchange to compete with other options exchanges for these types of 
orders. In this regard, competition would result in benefits to the 
investing public, whereas a lack of competition would serve to limit 
the choices that participants have for execution of their options 
business. As noted above, the proposed operation of Qualified 
Contingent Cross Orders on the Exchange is substantially similar in all 
material respects to the operation of such orders on such other 
exchanges.\14\ As such, permitting the Exchange to operate on an even 
playing field relative to other exchanges removes impediments to and 
perfects the mechanism for a free and open market and a national market 
system.
---------------------------------------------------------------------------

    \14\ See supra, note 7.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change to 
adopt QCC Orders will impose any burden on competition that is not 
necessary or appropriate in furtherance of the purposes of the Act. The 
Exchange's proposed functionality is open to all market participants. 
Further, the proposed rule will allow the Exchange to compete with 
other options exchanges that currently offer QCC Orders, thus 
alleviating the burden on competition that would arise if such 
exchanges were permitted to continue offering such functionality and 
the Exchange was not. For these reasons, the Exchange does not believe 
that the proposed rule changes will impose any burden on competition 
not necessary or appropriate in furtherance of the purposes of the Act, 
and believes the proposed change will enhance competition.

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

    (a) This proposed rule change is filed pursuant to paragraph (A) of 
section 19(b)(3) of the Exchange Act \15\ and Rule 19b-4(f)(6) 
thereunder.\16\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    (b) This proposed rule change does not significantly affect the 
protection of investors or the public interest, does not impose any 
significant burden on competition, and, by its terms, does not become 
operative for 30 days after the date of the filing, or such shorter 
time as the Commission may designate if consistent with the protection 
of investors and the public interest.
    The Exchange provided the Commission with written notice of its 
intent to file the proposed rule change, along with a brief description 
and text of the proposed rule change, prior to the date of filing the 
proposed rule change as required by Rule 19b-4(f)(6).
    The Exchange believes that the proposed rule change does not 
significantly affect the protection of investors or the public interest 
and does not impose any significant burden on competition. The 
Exchange's proposal to accept QCC Orders is not a novel concept but 
rather, is based on the acceptance of such orders on multiple other 
options exchanges.
    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-BOX-2017-14 on the subject line.

[[Page 22685]]

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-2017-14. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the 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, on official 
business days between the hours of 10:00 a.m. and 3:00 p.m., located at 
100 F Street NE., Washington, DC 20549. 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-
2017-14 and should be submitted on or before June 7, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-09931 Filed 5-16-17; 8:45 am]
BILLING CODE 8011-01-P



                                               22682                          Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices

                                               of such proceedings is appropriate at                   identified above, as well as any other                 amendments, all written statements
                                               this time in view of the legal and policy               concerns they may have with the                        with respect to the proposed rule
                                               issues raised by the proposed rule                      proposal. In particular, the Commission                change that are filed with the
                                               change. Institution of proceedings does                 invites the written views of interested                Commission, and all written
                                               not indicate that the Commission has                    persons concerning whether the                         communications relating to the
                                               reached any conclusions with respect to                 proposal is consistent with Section                    proposed rule change between the
                                               any of the issues involved. Rather, as                  6(b)(5) or any other provision of the Act,             Commission and any person, other than
                                               described below, the Commission seeks                   or the rules and regulations thereunder.               those that may be withheld from the
                                               and encourages interested persons to                    Although there do not appear to be any                 public in accordance with the
                                               provide comments on the proposed rule                   issues relevant to approval or                         provisions of 5 U.S.C. 552, will be
                                               change, as modified by Amendment No.                    disapproval that would be facilitated by               available for Web site viewing and
                                               1.                                                      an oral presentation of views, data, and               printing in the Commission’s Public
                                                  Pursuant to Section 19(b)(2)(B) of the               arguments, the Commission will                         Reference Room, 100 F Street NE.,
                                               Act,16 the Commission is providing                      consider, pursuant to Rule 19b–4, any                  Washington, DC 20549, on official
                                               notice of the grounds for disapproval                   request for an opportunity to make an                  business days between the hours of
                                               under consideration. The Commission is                  oral presentation.19                                   10:00 a.m. and 3:00 p.m. Copies of the
                                               instituting proceedings to allow for                       Interested persons are invited to                   filing also will be available for
                                               additional analysis of the proposal’s                   submit written data, views, and                        inspection and copying at the principal
                                               consistency with Section 6(b)(5) of the                 arguments regarding whether the                        office of the Exchange. All comments
                                               Act, which requires, among other                        proposal should be approved or                         received will be posted without change;
                                               things, that the rules of a national                    disapproved by June 7, 2017. Any                       the Commission does not edit personal
                                               securities exchange be ‘‘designed to                    person who wishes to file a rebuttal to                identifying information from
                                               prevent fraudulent and manipulative                     any other person’s submission must file                submissions. You should submit only
                                               acts and practices, to promote just and                 that rebuttal by June 21, 2017. The                    information that you wish to make
                                               equitable principles of trade,’’ and ‘‘to               Commission asks that commenters                        available publicly. All submissions
                                               protect investors and the public                        address the sufficiency of the                         should refer to File Number SR–
                                               interest.’’ 17 As noted above, the                      Exchange’s statements in support of the                BatsBZX–2017–07 and should be
                                               Exchange is submitting this proposed                    proposal, which are set forth in                       submitted on or before June 7, 2017.
                                               rule change because the Index for the                   Amendment No. 1,20 in addition to any                  Rebuttal comments should be submitted
                                               Fund does not meet the requirements                     other comments they may wish to                        by June 21, 2017.
                                               set forth in BZX Rule                                   submit about the proposed rule change.
                                               14.11(c)(4)(B)(i)(b). In the proposal, the                                                                       For the Commission, by the Division of
                                                                                                          Comments may be submitted by any
                                                                                                                                                              Trading and Markets, pursuant to delegated
                                               Exchange described certain                              of the following methods:                              authority.21
                                               characteristics of the Index as of
                                                                                                       Electronic Comments                                    Eduardo A. Aleman,
                                               November 30, 2016,18 and stated its
                                               belief that the Index is sufficiently                     • Use the Commission’s Internet                      Assistant Secretary.
                                               broad-based to deter potential                          comment form (http://www.sec.gov/                      [FR Doc. 2017–09932 Filed 5–16–17; 8:45 am]
                                               manipulation and that the Index                         rules/sro.shtml); or                                   BILLING CODE 8011–01–P
                                               securities are sufficiently liquid to deter               • Send an email to rule-comments@
                                               potential manipulation. However, the                    sec.gov. Please include File Number SR–
                                               Commission notes that the Exchange                      BatsBZX–2017–07 on the subject line.                   SECURITIES AND EXCHANGE
                                               did not provide, for the continued                                                                             COMMISSION
                                                                                                       Paper Comments
                                               listing of the Shares, parameters around
                                               the extent to which the Index may                         • Send paper comments in triplicate                  [Release No. 34–80661; File No. SR–BOX–
                                                                                                       to Secretary, Securities and Exchange                  2017–14]
                                               change from those characteristics. The
                                               Commission seeks commenters’ views                      Commission, 100 F Street NE.,                          Self-Regulatory Organizations; BOX
                                               on whether the Exchange’s statements                    Washington, DC 20549–1090.                             Options Exchange LLC; Notice of
                                               and representations support a                           All submissions should refer to File                   Filing and Immediate Effectiveness of
                                               determination that the listing and                      Number SR-BatsBZX–2017–07. This file                   a Proposed Rule Change To Adopt
                                               trading of the Shares would be                          number should be included on the                       Qualified Contingent Cross Orders
                                               consistent with Section 6(b)(5) of the                  subject line if email is used. To help the
                                                                                                       Commission process and review your                     May 11, 2017.
                                               Act, which, among other things,
                                               requires that the rules of an exchange be               comments more efficiently, please use                     Pursuant to Section 19(b)(1) of the
                                               designed to prevent fraudulent and                      only one method. The Commission will                   Securities Exchange Act of 1934
                                               manipulative acts and practices, to                     post all comments on the Commission’s                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               promote just and equitable principles of                Internet Web site (http://www.sec.gov/                 notice is hereby given that on May 9,
                                               trade, and to protect investors and the                 rules/sro.shtml). Copies of the                        2017, BOX Options Exchange LLC (the
                                               public interest.                                        submission, all subsequent                             ‘‘Exchange’’) filed with the Securities
                                                                                                                                                              and Exchange Commission
                                               IV. Procedure: Request for Written                         19 Section 19(b)(2) of the Act, as amended by the   (‘‘Commission’’) the proposed rule
                                               Comments                                                Securities Acts Amendments of 1975, Public Law         change as described in Items I, II, and
                                                                                                       94–29 (June 4, 1975), grants the Commission
                                                 The Commission requests that                                                                                 III below, which Items have been
nlaroche on DSK30NT082PROD with NOTICES




                                                                                                       flexibility to determine what type of proceeding—
                                               interested persons provide written                      either oral or notice and opportunity for written      prepared by the self-regulatory
                                               submissions of their views, data, and                   comments—is appropriate for consideration of a         organization. The Commission is
                                                                                                       particular proposal by a self-regulatory               publishing this notice to solicit
                                               arguments with respect to the issues                    organization. See Securities Acts Amendments of
                                                                                                       1975, Senate Comm. on Banking, Housing & Urban
                                                 16 Id.                                                                                                         21 17 CFR 200.30–3(a)(57).
                                                                                                       Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30
                                                 17 15 U.S.C. 78f(b)(5).                               (1975).                                                  1 15 U.S.C. 78s(b)(1).
                                                 18 See supra Section II.C.                               20 See supra note 4.                                  2 17 CFR 240.19b–4.




                                          VerDate Sep<11>2014   15:18 May 16, 2017   Jkt 241001   PO 00000   Frm 00040   Fmt 4703   Sfmt 4703   E:\FR\FM\17MYN1.SGM     17MYN1


                                                                            Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices                                                       22683

                                               comments on the proposed rule from                      policies and procedures that are                      respective counterparties or arranged for
                                               interested persons.                                     reasonably designed to prevent ‘‘Trade-               by a broker-dealer as principal or agent;
                                                                                                       Throughs.’’ 4 A Trade-Through is a                    (3) the execution of one component is
                                               I. Self-Regulatory Organization’s
                                                                                                       transaction in an options series at a                 contingent upon the execution of all
                                               Statement of the Terms of Substance of
                                                                                                       price that is inferior to the best price              other components at or near the same
                                               the Proposed Rule Change
                                                                                                       available in the market.5 The Linkage                 time; (4) the specific relationship
                                                  The Exchange proposes to adopt                       Plan replaced the Plan for the Purpose                between the component orders (e.g., the
                                               Qualified Contingent Cross Orders. The                  of Creating and Operating an                          spread between the prices of the
                                               text of the proposed rule change is                     Intermarket Option Linkage (‘‘Old                     component orders) is determined by the
                                               available from the principal office of the              Linkage Plan’’). The Old Linkage Plan                 time the contingent order is placed; (5)
                                               Exchange, at the Commission’s Public                    provided a limited Trade-Through                      the component orders bear a derivative
                                               Reference Room and also on the                          exemption for ‘‘Block Trades,’’ defined               relationship to one another, represent
                                               Exchange’s Internet Web site at http://                 to be trades of 500 or more contracts                 different classes of shares of the same
                                               boxexchange.com.                                        with a premium value of at least                      issuer, or involve the securities of
                                               II. Self-Regulatory Organization’s                      $150,000.6 However, as with Regulation                participants in mergers or with
                                               Statement of the Purpose of, and                        NMS, the Linkage Plan does not provide                intentions to merge that have been
                                               Statutory Basis for, the Proposed Rule                  a Block Trade exemption. Since its                    announced or cancelled; and (6) the
                                               Change                                                  original adoption by the ISE in 2011,                 transaction is fully hedged (without
                                                                                                       QCC has been offered by multiple                      regard to any prior existing position) as
                                                  In its filing with the Commission, the                                                                     a result of other components of the
                                                                                                       options exchanges as a limited
                                               self-regulatory organization included                                                                         contingent trade.
                                                                                                       substitute for the Block Trade
                                               statements concerning the purpose of,                                                                            Additionally, as proposed, Qualified
                                                                                                       exemption.7
                                               and basis for, the proposed rule change                                                                       Contingent Cross Orders would be
                                               and discussed any comments it received                  Proposal Regarding Qualified                          allowed to execute automatically on
                                               on the proposed rule change. The text                   Contingent Cross Orders                               entry without exposure provided the
                                               of these statements may be examined at                     The purpose of the proposed change                 execution: (i) Is not at the same price as
                                               the places specified in Item IV below.                  is to provide market participants with                a Public Customer 9 Order on the BOX
                                               The self-regulatory organization has                    the ability to submit to the Exchange                 Book; 10 and (ii) is at or between the
                                               prepared summaries, set forth in                        Qualified Contingent Cross Orders, an                 NBBO.11 As such, the Exchange also
                                               Sections A, B, and C below, of the most                 order type offered by multiple other                  proposes to specify that a Qualified
                                               significant aspects of such statements.                 options exchanges.8 The proposed                      Contingent Cross Order will be rejected
                                               A. Self-Regulatory Organization’s                       operation of Qualified Contingent Cross               if there is an ongoing auction (including
                                               Statement of the Purpose of, and                        Orders on the Exchange is substantially               PIP, COPIP, Facilitation, and
                                               Statutory Basis for, the Proposed Rule                  similar in all material respects to the               Solicitation auctions) or an exposed
                                               Change                                                  operation of such orders on such other                order on the option series when the
                                                                                                       exchanges.                                            Qualified Contingent Cross Order is
                                               1. Purpose                                                 The Exchange proposes to adopt Rule                received by the Exchange. The proposed
                                                  The Exchange is filing this proposal to              paragraph (c)(6) to Rule 7110 to govern               Rule would also specify that Qualified
                                               adopt Qualified Contingent Cross                        the operation of Qualified Contingent                 Contingent Cross Orders will be
                                               Orders (‘‘QCC Orders’’), as described                   Cross Orders. As proposed, a Qualified                cancelled if they cannot be executed.
                                               below.                                                  Contingent Cross Order would be an                    Also, pursuant to the proposed rule,
                                               Background                                              originating order to buy or sell at least             Qualified Contingent Cross Orders may
                                                                                                       1,000 standard option contracts, or                   only be entered in the standard
                                                  The purpose of this filing is to adopt               10,000 mini-option contracts, that is                 increments applicable to the options
                                               rules related to QCC Orders. The                        identified as being part of a qualified               class under Rule 7050.
                                               proposed rule change is based on the                    contingent trade (as that term is                        The Exchange will track and monitor
                                               rules of other options exchanges,                       proposed to be defined in IM–7110–2),                 QCC Orders to determine which is the
                                               including an International Securities                   coupled with a contra-side order or                   originating side of the order and which
                                               Exchange (‘‘ISE’’) proposal that was                    orders totaling an equal number of                    is the contra-side(s) of the order to
                                               previously approved by the Securities                   contracts. As proposed under IM–7110–                 ensure that Participants are complying
                                               and Exchange Commission                                 2, a ‘‘qualified contingent trade’’ is a              with the minimum 1,000 contract size
                                               (‘‘Commission’’).3                                      transaction consisting of two or more                 limitation (or 10,000 mini-option
                                                  The Exchange is currently a party to                 component orders, executed as agent or                contract minimum) on the originating
                                               the Options Order Protection and                        principal, where: (1) At least one                    side of the QCC Order. The Exchange
                                               Locked/Crossed Market Plan (‘‘Linkage                   component is an NMS stock, as defined                 will check to see if Participants are
                                               Plan’’), and has implemented Exchange                   in Rule 600 of Regulation NMS under                   aggregating multiple orders to meet the
                                               rules in conjunction with that plan,                    the Act; (2) all components are effected              1,000 contract minimum on the
                                               which are set forth in Rule 15000 of the                with a product or price contingency that              originating side (or 10,000 mini-option
                                               Exchange’s Rules (the ‘‘Linkage Rules’’).               either has been agreed to by all the                  contract minimum) of the trade in
                                               Similar to Regulation NMS under the                                                                           violation of the requirements of the rule.
                                               Act, the Linkage Plan requires, among                     4 See  Section 5(a) of the Linkage Plan
                                               other things, that the Exchange                           5 See  Section 2(21) of the Linkage Plan
nlaroche on DSK30NT082PROD with NOTICES




                                                                                                                                                               9 The term ‘‘Public Customer’’ means a person
                                               establish, maintain and enforce written                   6 See Old Linkage Plan Sections 2(3) and            that is not a broker or dealer in securities. See Rule
                                                                                                       8(c)(i)(C).                                           100(a)(51).
                                                 3 See Securities Exchange Act Release Nos. 63955        7 See ISE Rule 715(j), Supplementary Material .01     10 The term ‘‘BOX Book’’ means the electronic

                                               (February 24, 2011), 76 FR 11533 (March 2, 2011)        to ISE Rule 715 and ISE Rule 721(b); see also CBOE    book of orders on each single option series
                                               (SR–ISE–2010–73) (‘‘ISE Approval’’); 79942              Rule 6.53(u); NASDAQ PHLX Rule 1080(o); NYSE          maintained by the BOX Trading Host. See Rule
                                               (February 2, 2017), 82 FR 9804 (February 8, 2017)       Arca Rule 6.62(bb), Commentary .02 to NYSE Arca       100(a)(10).
                                               (Notice of Filing and Immediate Effectiveness of        Rule 6.62 and NYSE Arca Rule 6.90.                      11 The NBBO means the national best bid or offer.

                                               SR–EDGX–2017–11).                                         8 See supra, note 7.                                See Rule 100(a)(33).



                                          VerDate Sep<11>2014   15:18 May 16, 2017   Jkt 241001   PO 00000   Frm 00041   Fmt 4703   Sfmt 4703   E:\FR\FM\17MYN1.SGM   17MYN1


                                               22684                           Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices

                                               The rule requires that the originating                     thereby promoting just and equitable                   III. Date of Effectiveness of the
                                               side of the trade consist of one party                     principles of trade, fostering                         Proposed Rule Change and Timing for
                                               who is submitting a QCC Order for at                       cooperation and coordination with                      Commission Action
                                               least 1,000 contracts (or 10,000 mini-                     persons engaged in facilitating
                                               option contracts). The Exchange                                                                                      (a) This proposed rule change is filed
                                                                                                          transactions in securities, removing
                                               represents that it will enforce                                                                                   pursuant to paragraph (A) of section
                                                                                                          impediments to, and perfecting the
                                               compliance with this portion of the rule                                                                          19(b)(3) of the Exchange Act 15 and Rule
                                                                                                          mechanism of, a free and open market
                                               by checking to see if a Participants                                                                              19b–4(f)(6) thereunder.16
                                                                                                          and a national market system.
                                               breaks up the originating side of the                         The proposed rules are consistent                      (b) This proposed rule change does
                                               order in a post trade allocation to                        with the protection of investors in that               not significantly affect the protection of
                                               different clearing firms, allocating less                  they are designed to prevent Trade-                    investors or the public interest, does not
                                               than 1,000 contracts (or 10,000 mini-                      Throughs. In addition, the proposed                    impose any significant burden on
                                               option contracts) to a party or multiple                   rule change would promote a free and                   competition, and, by its terms, does not
                                               parties. For example, a Participant                        open market by permitting the Exchange                 become operative for 30 days after the
                                               enters a QCC Order into the system for                     to compete with other options                          date of the filing, or such shorter time
                                               1,500 contracts and receives an                            exchanges for these types of orders. In                as the Commission may designate if
                                               execution. Subsequent to the execution,                    this regard, competition would result in               consistent with the protection of
                                               the Participant allocates the originating                  benefits to the investing public, whereas              investors and the public interest.
                                               side of the order to two different                         a lack of competition would serve to                      The Exchange provided the
                                               clearing firms on a post trade allocation                  limit the choices that participants have               Commission with written notice of its
                                               basis, thereby allocating 500 contracts to                 for execution of their options business.               intent to file the proposed rule change,
                                               one clearing firm and 1,000 contracts to                   As noted above, the proposed operation                 along with a brief description and text
                                               another clearing firm. This type of                        of Qualified Contingent Cross Orders on                of the proposed rule change, prior to the
                                               transaction would not meet the                             the Exchange is substantially similar in               date of filing the proposed rule change
                                               requirements of a QCC Order under the                      all material respects to the operation of              as required by Rule 19b–4(f)(6).
                                               current and proposed rule.                                 such orders on such other exchanges.14                    The Exchange believes that the
                                                  With regard to order entry, a                           As such, permitting the Exchange to                    proposed rule change does not
                                               Participant will have to mark the                          operate on an even playing field relative              significantly affect the protection of
                                               originating side as the first order in the                 to other exchanges removes                             investors or the public interest and does
                                               system and the contra-side(s) as the                                                                              not impose any significant burden on
                                                                                                          impediments to and perfects the
                                               second. The Exchange will monitor                                                                                 competition. The Exchange’s proposal
                                                                                                          mechanism for a free and open market
                                               order entries to ensure that Participants                                                                         to accept QCC Orders is not a novel
                                                                                                          and a national market system.
                                               are properly entering QCC Orders into                                                                             concept but rather, is based on the
                                               the system.                                                B. Self-Regulatory Organization’s                      acceptance of such orders on multiple
                                                  The Exchange anticipates                                Statement on Burden on Competition                     other options exchanges.
                                               implementing the proposed change
                                                                                                            The Exchange does not believe that                      At any time within 60 days of the
                                               during the second quarter of 2017. The
                                                                                                          the proposed rule change to adopt QCC                  filing of the proposed rule change, the
                                               Exchange will provide notice of the
                                                                                                          Orders will impose any burden on                       Commission summarily may
                                               exact implementation date, via Circular,
                                                                                                          competition that is not necessary or                   temporarily suspend such rule change if
                                               prior to implementing the proposed
                                                                                                          appropriate in furtherance of the                      it appears to the Commission that such
                                               change.
                                                                                                          purposes of the Act. The Exchange’s                    action is necessary or appropriate in the
                                               2. Statutory Basis                                         proposed functionality is open to all                  public interest, for the protection of
                                                  The Exchange believes that the                          market participants. Further, the                      investors, or otherwise in furtherance of
                                               proposal is consistent with the                            proposed rule will allow the Exchange                  the purposes of the Act. If the
                                               requirements of Section 6(b) of the                        to compete with other options                          Commission takes such action, the
                                               Securities Exchange Act of 1934 (the                       exchanges that currently offer QCC                     Commission shall institute proceedings
                                               ‘‘Act’’),12 in general, and Section 6(b)(5)                Orders, thus alleviating the burden on                 to determine whether the proposed rule
                                               of the Act,13 in particular, in that it is                 competition that would arise if such                   should be approved or disapproved.
                                               designed to prevent fraudulent and                         exchanges were permitted to continue                   IV. Solicitation of Comments
                                               manipulative acts and practices, to                        offering such functionality and the
                                               promote just and equitable principles of                   Exchange was not. For these reasons,                     Interested persons are invited to
                                               trade, to foster cooperation and                           the Exchange does not believe that the                 submit written data, views and
                                               coordination with persons engaged in                       proposed rule changes will impose any                  arguments concerning the foregoing,
                                               facilitating transactions in securities, to                burden on competition not necessary or                 including whether the proposed rule
                                               remove impediments to and perfect the                      appropriate in furtherance of the                      change is consistent with the Act.
                                               mechanism of a free and open market                        purposes of the Act, and believes the                  Comments may be submitted by any of
                                               and a national market system, and, in                      proposed change will enhance                           the following methods:
                                               general to protect investors and the                       competition.
                                                                                                                                                                 Electronic Comments
                                               public interest. Specifically, the                         C. Self-Regulatory Organization’s
                                               proposed change is designed to offer                                                                                • Use the Commission’s Internet
                                                                                                          Statement on Comments on the
                                               market participants greater flexibility by                                                                        comment form (http://www.sec.gov/
                                                                                                          Proposed Rule Change Received From
nlaroche on DSK30NT082PROD with NOTICES




                                               allowing such market participant to                                                                               rules/sro.shtml); or
                                                                                                          Members, Participants, or Others
                                               submit QCC Orders to BOX in the same                                                                                • Send an email to rule-comments@
                                               way they are permitted to send QCC                           The Exchange has neither solicited                   sec.gov. Please include File Number SR–
                                               Orders to other options exchanges,                         nor received comments on the proposed                  BOX–2017–14 on the subject line.
                                                                                                          rule change.
                                                 12 15   U.S.C. 78f(b).                                                                                            15 15   U.S.C. 78s(b)(3)(A).
                                                 13 15   U.S.C. 78f(b)(5).                                 14 See   supra, note 7.                                 16 17   CFR 240.19b–4(f)(6).



                                          VerDate Sep<11>2014      15:18 May 16, 2017   Jkt 241001   PO 00000   Frm 00042    Fmt 4703   Sfmt 4703   E:\FR\FM\17MYN1.SGM     17MYN1


                                                                                Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices                                                    22685

                                               Paper Comments                                            ‘‘Act’’),1 and Rule 19b–4 thereunder,2                Fee Code RT
                                                 • Send paper comments in triplicate                     notice is hereby given that on May 5,
                                                                                                         2017, Bats EDGA Exchange, Inc. (the                     The Exchange proposes to decrease
                                               to Secretary, Securities and Exchange                                                                           the fee for orders yielding fee code RT,
                                               Commission, 100 F Street NE.,                             ‘‘Exchange’’ or ‘‘EDGA’’) filed with the
                                                                                                         Securities and Exchange Commission                    which is appended to orders routed
                                               Washington, DC 20549–1090.
                                                                                                         (‘‘Commission’’) the proposed rule                    using the ROUT 6 routing strategy, from
                                               All submissions should refer to File                                                                            $0.00260 to $0.00250 per share for
                                                                                                         change as described in Items I, II and III
                                               Number SR–BOX–2017–14. This file                                                                                securities priced at or above $1.00 per
                                                                                                         below, which Items have been prepared
                                               number should be included on the                                                                                share. The Exchange does not propose
                                                                                                         by the Exchange. The Exchange has
                                               subject line if email is used. To help the                                                                      to amend the rate for orders yielding fee
                                                                                                         designated the proposed rule change as
                                               Commission process and review your                                                                              code RT in securities priced below
                                                                                                         one establishing or changing a member
                                               comments more efficiently, please use                                                                           $1.00 per share.
                                                                                                         due, fee, or other charge imposed by the
                                               only one method. The Commission will
                                                                                                         Exchange under Section 19(b)(3)(A)(ii)
                                               post all comments on the Commission’s                                                                           RMPT/RMPL Tier 2
                                                                                                         of the Act 3 and Rule 19b–4(f)(2)
                                               Internet Web site (http://www.sec.gov/
                                                                                                         thereunder,4 which renders the                           The Exchange offers one tier under
                                               rules/sro.shtml). Copies of the
                                                                                                         proposed rule change effective upon                   footnote 4, the RMPT/RMPL Tier under
                                               submission, all subsequent
                                                                                                         filing with the Commission. The                       which a Member receives a discounted
                                               amendments, all written statements
                                                                                                         Commission is publishing this notice to               fee of $0.0008 per share for orders
                                               with respect to the proposed rule
                                                                                                         solicit comments on the proposed rule                 yielding fee codes PT 7 or PX 8 where
                                               change that are filed with the
                                                                                                         change from interested persons.                       that Member adds or removes an ADV 9
                                               Commission, and all written
                                               communications relating to the                            I. Self-Regulatory Organization’s                     greater than or equal to 2,000,000 shares
                                               proposed rule change between the                          Statement of the Terms of Substance of                using the RMPT or RMPL 10 routing
                                               Commission and any person, other than                     the Proposed Rule Change                              strategy. The Exchange now proposes to
                                               those that may be withheld from the                          The Exchange filed a proposal to                   add a new tier under footnote 4 to be
                                               public in accordance with the                             amend the fee schedule applicable to                  known as Tier 2 under which a Member
                                               provisions of 5 U.S.C. 552, will be                       Members 5 and non-Members of the                      would receive a discounted fee of
                                               available for Web site viewing and                        Exchange pursuant to EDGA Rules                       $0.0006 per share for orders yielding fee
                                               printing in the Commission’s Public                       15.1(a) and (c).                                      codes PT or PX where that Member adds
                                               Reference Room, on official business                         The text of the proposed rule change               or removes an ADV greater than or equal
                                               days between the hours of 10:00 a.m.                      is available at the Exchange’s Web site               to 4,000,000 shares using the RMPT or
                                               and 3:00 p.m., located at 100 F Street                    at www.bats.com, at the principal office              RMPL routing strategy.11
                                               NE., Washington, DC 20549. Copies of                      of the Exchange, and at the
                                               such filing also will be available for                    Commission’s Public Reference Room.                      6 ROUT is a routing strategy that checks the

                                               inspection and copying at the principal                                                                         System for available shares and then are sent to
                                               office of the Exchange. All comments                      II. Self-Regulatory Organization’s                    destinations on the System routing table. See
                                                                                                         Statement of the Purpose of, and                      Exchange Rule 11.11(g)(3)(B). The term ‘‘System
                                               received will be posted without change;                                                                         routing table’’ refers to the proprietary process for
                                                                                                         Statutory Basis for, the Proposed Rule
                                               the Commission does not edit personal                                                                           determining the specific trading venues to which
                                                                                                         Change                                                the System routes orders and the order in which it
                                               identifying information from
                                                                                                            In its filing with the Commission, the             routes them. See Exchange Rule 11.11(g).
                                               submissions. You should submit only                                                                                7 Fee code PT is appended to orders that remove
                                               information that you wish to make                         Exchange included statements                          liquidity from the Exchange using RMPT or RMPL
                                               available publicly. All submissions                       concerning the purpose of and basis for               routing strategy and is assessed a fee of $0.0010 per
                                               should refer to File Number SR–BOX–                       the proposed rule change and discussed                share on securities priced over $1.00, and there is
                                                                                                         any comments it received on the                       no fee on securities priced below $1.00. See the
                                               2017–14 and should be submitted on or                                                                           Exchange’s fee schedule available at http://
                                               before June 7, 2017.                                      proposed rule change. The text of these               www.bats.com/us/equities/membership/fee_
                                                                                                         statements may be examined at the                     schedule/edga/.
                                                 For the Commission, by the Division of
                                               Trading and Markets, pursuant to delegated                places specified in Item IV below. The                   8 Fee code PX is append to orders that are routed

                                               authority.17                                              Exchange has prepared summaries, set                  using the RMPL routing strategy to a destination not
                                                                                                         forth in Sections A, B, and C below, of               covered by Fee Code PL, or are routed using the
                                               Eduardo A. Aleman,                                                                                              RMPT routing strategy, and is assessed a fee of
                                                                                                         the most significant parts of such
                                               Assistant Secretary.                                                                                            $0.0012 per share on securities priced over $1.00,
                                                                                                         statements.                                           and a fee of 30% of the total dollar value on
                                               [FR Doc. 2017–09931 Filed 5–16–17; 8:45 am]
                                                                                                                                                               securities priced below $1.00. Id.
                                               BILLING CODE 8011–01–P                                    A. Self-Regulatory Organization’s                        9 ADV is generally defined as average daily
                                                                                                         Statement of the Purpose of, and the                  volume calculated as the number of shares added
                                                                                                         Statutory Basis for, the Proposed Rule                to, removed from, or routed by, the Exchange, or
                                               SECURITIES AND EXCHANGE                                   Change                                                any combination or subset thereof, per day. Id.
                                                                                                                                                                  10 The RMPT routing strategy operates similarly
                                               COMMISSION
                                                                                                         1. Purpose                                            to RMPL in that under both Mid-Point Peg Orders
                                               [Release No. 34–80653; File No. SR–                                                                             check the System for available shares and any
                                                                                                            The Exchange proposes to amend its                 remaining shares are then sent to destinations on
                                               BatsEDGA–2017–12]
                                                                                                         fee schedule to: (i) Lower the rate for fee           the System routing table that support midpoint
                                               Self-Regulatory Organizations; Bats                       code RT; and (ii) add the RMPT/RMPL                   eligible orders. If any shares remain unexecuted
                                                                                                         Tier 2.                                               after routing, they are posted on the EDGA Book as
                                               EDGA Exchange, Inc.; Notice of Filing                                                                           a Mid-Point Peg Order, unless otherwise instructed
                                               and Immediate Effectiveness of a
nlaroche on DSK30NT082PROD with NOTICES




                                                                                                                                                               by the User. While RMPL and RMPT operate in an
                                                                                                           1 15 U.S.C. 78s(b)(1).
                                               Proposed Rule Change Related to Fees                                                                            identical manner, the trading venues that each
                                                                                                           2 17 CFR 240.19b–4.                                 routing strategy routes to and the order in which it
                                                                                                           3 15 U.S.C. 78s(b)(3)(A)(ii).
                                               May 11, 2017.                                                                                                   routes them differ. See Exchange Rule 11.11(g)(13).
                                                                                                           4 17 CFR 240.19b–4(f)(2).                              11 As a result of the fee schedule layout change
                                                 Pursuant to Section 19(b)(1) of the                       5 The term ‘‘Member’’ is defined as ‘‘any           in adding a second tier, the description of which
                                               Securities Exchange Act of 1934 (the                      registered broker or dealer that has been admitted    fee codes are appended with footnote 3 will be
                                                                                                         to membership in the Exchange.’’ See Exchange         moved above the table similar to the layout of the
                                                 17 17   CFR 200.30–3(a)(12).                            Rule 1.5(n).                                          table in footnote 4.



                                          VerDate Sep<11>2014     15:18 May 16, 2017   Jkt 241001   PO 00000   Frm 00043   Fmt 4703   Sfmt 4703   E:\FR\FM\17MYN1.SGM   17MYN1



Document Created: 2017-05-17 01:42:03
Document Modified: 2017-05-17 01:42:03
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 Citation82 FR 22682 

2026 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR