82_FR_44199 82 FR 44018 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule on the BOX Market LLC (“BOX”) Options Facility

82 FR 44018 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule on the BOX Market LLC (“BOX”) Options Facility

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 181 (September 20, 2017)

Page Range44018-44020
FR Document2017-19967

Federal Register, Volume 82 Issue 181 (Wednesday, September 20, 2017)
[Federal Register Volume 82, Number 181 (Wednesday, September 20, 2017)]
[Notices]
[Pages 44018-44020]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19967]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81615; File No. SR-BOX-2017-30]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Amend the Fee Schedule on the BOX Market LLC (``BOX'') Options Facility

September 14, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on September 1, 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 Exchange. The Exchange filed the 
proposed rule change pursuant to Section 19(b)(3)(A)(ii) of the Act,\3\ 
and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal 
effective upon filing with the Commission. The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange is filing with the Securities and Exchange Commission 
(``Commission'') a proposed rule change to amend the Fee Schedule on 
the BOX Market LLC (``BOX'') options facility. The text of the proposed 
rule change is available from the principal office of the Exchange, at 
the Commission's Public Reference Room and also on the Exchange's 
Internet Web site at http://boxexchange.com.

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

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

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule for trading on BOX. 
Specifically, the Exchange proposes to (1) amend the BOX Volume Rebate 
(``BVR'') in Section I.B.2; (2) modify the fees and rebate for 
Qualified Contingent Cross \5\ (``QCC'') Transactions in Section I.D.; 
and (3) make a clarifying change to in [sic] a footnote regarding the 
definition of ``Broker Dealer facilitating a Public Customer'' in 
Section II (Manual Transactions).
---------------------------------------------------------------------------

    \5\ A QCC Order is an originating order (Agency 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, coupled with a contra side order to buy or sell an 
equal number of contracts.
---------------------------------------------------------------------------

BVR
    First, the Exchange proposes to adjust a rebate within the BVR. 
Under the BVR, the Exchange offers a tiered per contract rebate for all 
Public Customer PIP Orders and COPIP Orders of 100 and under contracts 
that do not trade solely with their contra order. Percentage thresholds 
are calculated on a monthly basis by totaling the Participant's PIP and 
COPIP volume submitted to BOX, relative to the total national Customer 
volume in multiply-listed options classes. The Exchange proposes to 
raise the rebate for COPIP Orders in Tier 4 from $0.06 to $0.08. The 
Exchange notes that is it not proposing any changes to the percentage 
thresholds within the BVR. The quantity submitted will continue to be 
calculated on a monthly basis by totaling the Participant's PIP and 
COPIP volume submitted to BOX, relative to the total national Customer 
volume in multiply-listed options classes.
    The Exchange also proposes to amend the BVR to remove the flat 
$0.03 rebate for those Public Customer COPIP Orders of 100 and under 
contracts that trade solely with their contra order. Public Customer 
PIP Orders of 100 and under contracts that trade solely with their 
contra order will continue to receive a $0.03 rebate per contract, 
regardless of tier.
QCC Transactions
    The Exchange then proposes to amend the QCC Transaction fees and 
rebate. Specifically, the Exchange proposes to decrease the fees for 
all non-Public Customer (Professional Customers, Broker Dealers and 
Market Makers) QCC Orders from $0.20 to $0.17 per contract side.\6\ In 
addition, the Exchange proposes to decrease the QCC Rebate from $0.15 
to $0.14 per contract.
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    \6\ The Exchange notes that no changes will be made to Public 
Customer QCC Order fees.
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Manual Transaction Fees
    Finally, the Exchange also proposes to amend the footnote that 
defines a ``Broker Dealer facilitating a Public Customer'' in Section 
II (Manual Transactions) to clarify that the ``Broker Dealer 
facilitating a Public Customer'' account type and applicable fees will 
be applied, regardless of if the Broker Dealer clears in the customer 
range, or clears as a Broker Dealer. To do this, the Exchange proposes 
to amend the

[[Page 44019]]

definition to state that a ``Broker Dealer facilitating a Public 
Customer'' applies to any Manual transaction executed using the open 
outcry process involving Broker Dealer that has a Public Customer of 
that same Broker Dealer on the contra side of the transaction, or where 
the Broker Dealer and the Public Customer both clear through the same 
clearing firm and the Broker Dealer clears in the customer range. The 
additional language is intended to eliminate any potential for investor 
confusion with regard to the definition of ``Broker Dealer facilitating 
a Public Customer.'' A Broker Dealer who facilitates a Public Customer 
QOO Order for submission to the BOX Trading Floor will be eligible for 
this account type and applicable fee of $0.00, regardless of if the 
Broker Dealer cleared solely as a Broker Dealer or a Broker Dealer/
Customer. The Exchange notes that clarifying language is substantially 
similar with the language at another exchange with an open outcry 
trading floor.\7\
---------------------------------------------------------------------------

    \7\ See NYSE Arca, Inc (``Arca'') Fee Schedule. The Exchange 
notes, however, that Arca's similar language includes reference to 
``Firm Facilitation.'' Because BOX does not use or define the term 
``Firm'' within the Fee Schedule and instead uses the term Broker 
Dealer. BOX does not intend to include ``Firm Facilitation'' within 
this definition.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of Section 6(b) of the Act, in general, and Section 
6(b)(4) and 6(b)(5)of the Act,\8\ in particular, in that it provides 
for the equitable allocation of reasonable dues, fees, and other 
charges among BOX Participants and other persons using its facilities 
and does not unfairly discriminate between customers, issuers, brokers 
or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

BVR
    The Exchange believes the proposed amendments to the BVR in Section 
I.B.2 of the BOX Fee Schedule are reasonable, equitable and not 
unfairly discriminatory. The BVR was adopted to attract Public Customer 
order flow to the Exchange by offering these Participants incentives to 
submit their Public Customer PIP and COPIP Orders to the Exchange and 
the Exchange believes it is appropriate to now amend the BVR. The 
Exchange believes it is equitable and not unfairly discriminatory to 
amend the COPIP Rebate in Tier 4 of the BVR, as all Participants have 
the ability to qualify for a rebate, and rebates are provided equally 
to qualifying Participants. Other exchanges employ similar incentive 
programs; \9\ and the Exchange believes that the proposed rebate change 
is reasonable and competitive when compared to rebate for the PIP in 
Tier 4 of the BVR and the rebates on other exchanges.
---------------------------------------------------------------------------

    \9\ See Section B of the PHLX Pricing Schedule entitled 
``Customer Rebate Program;'' ISE Gemini's Qualifying Tier Thresholds 
(page 6 of the ISE Gemini Fee Schedule); and CBOE's Volume Incentive 
Program (VIP).
---------------------------------------------------------------------------

    The Exchange believes it is reasonable, equitable and not unfairly 
discriminatory to no longer apply a flat $0.03 rebate to Public 
Customer COPIP Orders that trade solely with their contra order. As 
stated above, the BVR is intended to incentivize Participants to direct 
Customer order flow to the Exchange, and the Exchange believes unlike 
Public Customer PIP Orders, an incentive is not necessary for 
internalized Public Customer COPIP Orders that only trade against their 
contra order. The Exchange believes it is equitable and not unfairly 
discriminatory as all internalized Public Customer COPIP Orders will no 
longer receive a rebate. Additionally, other Exchanges also make this 
distinction when providing rebates for transactions in their complex 
order auction mechanisms.\10\
---------------------------------------------------------------------------

    \10\ See the International Securities Exchange (``ISE'') Fee 
Schedule, Complex Order Fees and Rebates on page 9. Under the ISE 
Fee Schedule the initiator receives a ``break-up'' rebate only for 
contracts that are submitted to their auction mechanism that do not 
trade with their contra order.
---------------------------------------------------------------------------

QCC
    The Exchange believes that the proposed amendments to the QCC Order 
fees are reasonable, as they are in line with the amount assessed at 
another Exchange for similar transactions.\11\ Further, the Exchange 
believes that charging Professional Customers and Broker Dealers and 
Market Makers more than Public Customers for QCC Orders is reasonable, 
equitable and not unfairly discriminatory. The securities markets 
generally, and BOX in particular, have historically aimed to improve 
markets for investors and develop various features within the market 
structure for Public Customer benefit. The Exchange believes that 
continuing to charge no fees to Public Customers in QCC transactions is 
reasonable and, ultimately, will benefit all Participants trading on 
the Exchange by attracting Public Customer order flow.
---------------------------------------------------------------------------

    \11\ See CBOE Fee Schedule. CBOE charges non-Public Customers 
$0.17 per contract and does not charge Public Customers.
---------------------------------------------------------------------------

    The Exchange believes the proposed QCC Rebate for the originating 
side of the QCC transaction is reasonable, as it is in line with other 
competing exchanges that also provide a rebate on the originating side 
of a QCC Order.\12\ The Exchange believes the proposed rebate is 
equitable and not unfairly discriminatory because it potentially 
applies to all Participants that enter the originating order (except 
for when both the agency order and contra-side orders are Public 
Customers) and because it is intended to incentivize the sending of 
more QCC Orders to the Exchange. The Exchange believes it is 
reasonable, equitable and not unfairly discriminatory to not provide a 
rebate for the originating order for QCC transactions when both the 
originating order and contra side orders are from Public Customers, 
since Public Customers are already incentivized by having no 
transaction fee for QCC Orders.
---------------------------------------------------------------------------

    \12\ CBOE and the Miami International Securities Exchange LLX 
(``MIAX'') offer a $0.10 per contract credit or rebate paid on the 
initiating side of the QCC transaction.
---------------------------------------------------------------------------

Manual Transactions
    Lastly, the Exchange believes that amending the language with 
regard to the definition of ``Broker Dealer facilitating a Public 
Customer'' is reasonable, equitable and not unfairly discriminatory, as 
it intended to clarify that a ``Broker Dealer facilitating a Public 
Customer'' applies to any Manual transaction executed using the open 
outcry process involving a Broker Dealer that has a Public Customer of 
that same Broker Dealer on the contra side of the transaction, or where 
the Broker Dealer and the Public Customer both clear through the same 
clearing firm and the Broker Dealer clears in the customer range. The 
wording of the previous definition unintentionally restricted the 
definition of ``Broker Dealer facilitating a Public Customer'' to those 
Broker Dealers clearing in the customer range. The Exchange is now 
proposing to clarify that the account type will apply regardless of how 
the Broker Dealer clears. The Exchange believes the proposed change is 
reasonable as it is substantially similar to the definition ``Broker 
Dealer facilitating a Public Customer'' account type found on another 
exchange with an open outcry trading floor.\13\ Further, the Exchange 
believes the proposed language is equitable and not unfairly 
discriminatory as it seeks to clarify that ``Broker Dealer facilitating 
a Public Customer'' does not only apply to Broker Dealers who clear in 
the customer range.
---------------------------------------------------------------------------

    \13\ See supra note 7.

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[[Page 44020]]

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The proposed rule change amends 
the BVR to raise a rebate and no longer apply a rebate when the COPIP 
Order only trades with its contra order. The Exchange does not believe 
that the proposed changes burden competition and will instead help 
promote competition by providing additional incentives for market 
participants to submit customer order flow to BOX and thus, create a 
greater opportunity for retail customers to receive additional price 
improvement.
    The Exchange believes this proposal will not cause unnecessary 
burden on intermarket competition because the proposed changes will 
actually enhance the competiveness of the Exchange relative to other 
exchanges which offer comparable fees and rebates for QCC transactions. 
To the extent that the proposed changes make the Exchange a more 
attractive marketplace for market participants at other exchanges, such 
market participants are welcome to become market participants on the 
Exchange.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Exchange Act \14\ and Rule 19b-4(f)(2) 
thereunder,\15\ because it establishes or changes a due, or fee.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \15\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend the rule 
change if it appears to the Commission that the action is necessary or 
appropriate in the public interest, for the protection of investors, or 
would otherwise further the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BOX-2017-30 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-2017-30. 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-2017-30, and should be 
submitted on or before October 11, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-19967 Filed 9-19-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                44018                    Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices

                                                All submissions should refer to File                    September 1, 2017, BOX Options                         I.D.; and (3) make a clarifying change to
                                                Number SR–NYSE–2017–47. This file                       Exchange LLC (the ‘‘Exchange’’) filed                  in [sic] a footnote regarding the
                                                number should be included on the                        with the Securities and Exchange                       definition of ‘‘Broker Dealer facilitating
                                                subject line if email is used. To help the              Commission (‘‘Commission’’) the                        a Public Customer’’ in Section II
                                                Commission process and review your                      proposed rule change as described in                   (Manual Transactions).
                                                comments more efficiently, please use                   Items I, II, and III below, which Items
                                                only one method. The Commission will                    have been prepared by the Exchange.                    BVR
                                                post all comments on the Commission’s                   The Exchange filed the proposed rule                      First, the Exchange proposes to adjust
                                                Internet Web site (http://www.sec.gov/                  change pursuant to Section                             a rebate within the BVR. Under the
                                                rules/sro.shtml). Copies of the                         19(b)(3)(A)(ii) of the Act,3 and Rule                  BVR, the Exchange offers a tiered per
                                                submission, all subsequent                              19b–4(f)(2) thereunder,4 which renders                 contract rebate for all Public Customer
                                                amendments, all written statements                      the proposal effective upon filing with                PIP Orders and COPIP Orders of 100
                                                with respect to the proposed rule                       the Commission. The Commission is                      and under contracts that do not trade
                                                change that are filed with the                          publishing this notice to solicit                      solely with their contra order.
                                                Commission, and all written                             comments on the proposed rule change                   Percentage thresholds are calculated on
                                                communications relating to the                          from interested persons.                               a monthly basis by totaling the
                                                proposed rule change between the                                                                               Participant’s PIP and COPIP volume
                                                                                                        I. Self-Regulatory Organization’s
                                                Commission and any person, other than                                                                          submitted to BOX, relative to the total
                                                                                                        Statement of the Terms of the Substance
                                                those that may be withheld from the                                                                            national Customer volume in multiply-
                                                                                                        of the Proposed Rule Change
                                                public in accordance with the                                                                                  listed options classes. The Exchange
                                                provisions of 5 U.S.C. 552, will be                        The Exchange is filing with the                     proposes to raise the rebate for COPIP
                                                available for Web site viewing and                      Securities and Exchange Commission                     Orders in Tier 4 from $0.06 to $0.08.
                                                printing in the Commission’s Public                     (‘‘Commission’’) a proposed rule change                The Exchange notes that is it not
                                                Reference Room, 100 F Street NE.,                       to amend the Fee Schedule on the BOX                   proposing any changes to the percentage
                                                Washington, DC 20549 on official                        Market LLC (‘‘BOX’’) options facility.                 thresholds within the BVR. The quantity
                                                business days between the hours of                      The text of the proposed rule change is                submitted will continue to be calculated
                                                10:00 a.m. and 3:00 p.m. Copies of the                  available from the principal office of the             on a monthly basis by totaling the
                                                filing also will be available for                       Exchange, at the Commission’s Public                   Participant’s PIP and COPIP volume
                                                inspection and copying at the principal                 Reference Room and also on the                         submitted to BOX, relative to the total
                                                office of the Exchange. All comments                    Exchange’s Internet Web site at http://                national Customer volume in multiply-
                                                received will be posted without change;                 boxexchange.com.                                       listed options classes.
                                                the Commission does not edit personal                   II. Self-Regulatory Organization’s                        The Exchange also proposes to amend
                                                identifying information from                            Statement of the Purpose of, and                       the BVR to remove the flat $0.03 rebate
                                                submissions. You should submit only                     Statutory Basis for, the Proposed Rule                 for those Public Customer COPIP Orders
                                                information that you wish to make                       Change                                                 of 100 and under contracts that trade
                                                available publicly. All submissions                                                                            solely with their contra order. Public
                                                should refer to File Number SR–NYSE–                       In its filing with the Commission, the
                                                                                                                                                               Customer PIP Orders of 100 and under
                                                2017–47 and should be submitted on or                   Exchange included statements
                                                                                                                                                               contracts that trade solely with their
                                                before October 11, 2017.                                concerning the purpose of and basis for
                                                                                                                                                               contra order will continue to receive a
                                                                                                        the proposed rule change and discussed
                                                  For the Commission, by the Division of                                                                       $0.03 rebate per contract, regardless of
                                                                                                        any comments it received on the
                                                Trading and Markets, pursuant to delegated                                                                     tier.
                                                authority.15
                                                                                                        proposed rule change. The text of these
                                                                                                        statements may be examined at the                      QCC Transactions
                                                Eduardo A. Aleman,
                                                                                                        places specified in Item IV below. The                   The Exchange then proposes to
                                                Assistant Secretary.                                    Exchange has prepared summaries, set
                                                [FR Doc. 2017–19964 Filed 9–19–17; 8:45 am]                                                                    amend the QCC Transaction fees and
                                                                                                        forth in Sections A, B, and C below, of                rebate. Specifically, the Exchange
                                                BILLING CODE 8011–01–P                                  the most significant aspects of such                   proposes to decrease the fees for all non-
                                                                                                        statements.                                            Public Customer (Professional
                                                SECURITIES AND EXCHANGE                                 A. Self-Regulatory Organization’s                      Customers, Broker Dealers and Market
                                                COMMISSION                                              Statement of the Purpose of, and                       Makers) QCC Orders from $0.20 to $0.17
                                                                                                        Statutory Basis for, the Proposed Rule                 per contract side.6 In addition, the
                                                [Release No. 34–81615; File No. SR–BOX–                                                                        Exchange proposes to decrease the QCC
                                                                                                        Change
                                                2017–30]
                                                                                                                                                               Rebate from $0.15 to $0.14 per contract.
                                                                                                        1. Purpose
                                                Self-Regulatory Organizations; BOX                                                                             Manual Transaction Fees
                                                Options Exchange LLC; Notice of                            The Exchange proposes to amend the
                                                Filing and Immediate Effectiveness of                   Fee Schedule for trading on BOX.                          Finally, the Exchange also proposes to
                                                a Proposed Rule Change To Amend                         Specifically, the Exchange proposes to                 amend the footnote that defines a
                                                the Fee Schedule on the BOX Market                      (1) amend the BOX Volume Rebate                        ‘‘Broker Dealer facilitating a Public
                                                LLC (‘‘BOX’’) Options Facility                          (‘‘BVR’’) in Section I.B.2; (2) modify the             Customer’’ in Section II (Manual
                                                                                                        fees and rebate for Qualified Contingent               Transactions) to clarify that the ‘‘Broker
                                                September 14, 2017.                                     Cross 5 (‘‘QCC’’) Transactions in Section              Dealer facilitating a Public Customer’’
sradovich on DSKBBY8HB2PROD with NOTICES




                                                   Pursuant to Section 19(b)(1) of the                                                                         account type and applicable fees will be
                                                Securities Exchange Act of 1934 (the                      3 15 U.S.C. 78s(b)(3)(A)(ii).                        applied, regardless of if the Broker
                                                                                                          4 17 CFR 240.19b–4(f)(2).
                                                ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                         Dealer clears in the customer range, or
                                                                                                           5 A QCC Order is an originating order (Agency
                                                notice is hereby given that on                                                                                 clears as a Broker Dealer. To do this, the
                                                                                                        Order) to buy or sell at least 1,000 standard option
                                                                                                        contracts, or 10,000 mini-option contracts, that is    Exchange proposes to amend the
                                                  15 17 CFR 200.30–3(a)(12).                            identified as being part of a qualified contingent
                                                  1 15 U.S.C. 78s(b)(1).                                trade, coupled with a contra side order to buy or       6 The Exchange notes that no changes will be
                                                  2 17 CFR 240.19b–4.                                   sell an equal number of contracts.                     made to Public Customer QCC Order fees.



                                           VerDate Sep<11>2014   18:28 Sep 19, 2017   Jkt 241001   PO 00000   Frm 00087   Fmt 4703   Sfmt 4703   E:\FR\FM\20SEN1.SGM   20SEN1


                                                                         Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices                                                   44019

                                                definition to state that a ‘‘Broker Dealer              programs; 9 and the Exchange believes                 is in line with other competing
                                                facilitating a Public Customer’’ applies                that the proposed rebate change is                    exchanges that also provide a rebate on
                                                to any Manual transaction executed                      reasonable and competitive when                       the originating side of a QCC Order.12
                                                using the open outcry process involving                 compared to rebate for the PIP in Tier                The Exchange believes the proposed
                                                Broker Dealer that has a Public                         4 of the BVR and the rebates on other                 rebate is equitable and not unfairly
                                                Customer of that same Broker Dealer on                  exchanges.                                            discriminatory because it potentially
                                                the contra side of the transaction, or                     The Exchange believes it is                        applies to all Participants that enter the
                                                where the Broker Dealer and the Public                  reasonable, equitable and not unfairly                originating order (except for when both
                                                Customer both clear through the same                    discriminatory to no longer apply a flat              the agency order and contra-side orders
                                                clearing firm and the Broker Dealer                     $0.03 rebate to Public Customer COPIP                 are Public Customers) and because it is
                                                clears in the customer range. The                       Orders that trade solely with their                   intended to incentivize the sending of
                                                additional language is intended to                      contra order. As stated above, the BVR                more QCC Orders to the Exchange. The
                                                eliminate any potential for investor                    is intended to incentivize Participants to            Exchange believes it is reasonable,
                                                confusion with regard to the definition                 direct Customer order flow to the                     equitable and not unfairly
                                                of ‘‘Broker Dealer facilitating a Public                Exchange, and the Exchange believes                   discriminatory to not provide a rebate
                                                Customer.’’ A Broker Dealer who                         unlike Public Customer PIP Orders, an                 for the originating order for QCC
                                                facilitates a Public Customer QOO Order                 incentive is not necessary for                        transactions when both the originating
                                                for submission to the BOX Trading                       internalized Public Customer COPIP                    order and contra side orders are from
                                                Floor will be eligible for this account                 Orders that only trade against their                  Public Customers, since Public
                                                type and applicable fee of $0.00,                       contra order. The Exchange believes it is             Customers are already incentivized by
                                                regardless of if the Broker Dealer cleared              equitable and not unfairly                            having no transaction fee for QCC
                                                solely as a Broker Dealer or a Broker                   discriminatory as all internalized Public             Orders.
                                                Dealer/Customer. The Exchange notes                     Customer COPIP Orders will no longer
                                                that clarifying language is substantially               receive a rebate. Additionally, other                 Manual Transactions
                                                similar with the language at another                    Exchanges also make this distinction
                                                exchange with an open outcry trading                                                                             Lastly, the Exchange believes that
                                                                                                        when providing rebates for transactions
                                                floor.7                                                                                                       amending the language with regard to
                                                                                                        in their complex order auction
                                                                                                                                                              the definition of ‘‘Broker Dealer
                                                2. Statutory Basis                                      mechanisms.10
                                                                                                                                                              facilitating a Public Customer’’ is
                                                   The Exchange believes that the                       QCC                                                   reasonable, equitable and not unfairly
                                                proposal is consistent with the                            The Exchange believes that the                     discriminatory, as it intended to clarify
                                                requirements of Section 6(b) of the Act,                proposed amendments to the QCC Order                  that a ‘‘Broker Dealer facilitating a
                                                in general, and Section 6(b)(4) and                     fees are reasonable, as they are in line              Public Customer’’ applies to any Manual
                                                6(b)(5)of the Act,8 in particular, in that              with the amount assessed at another                   transaction executed using the open
                                                it provides for the equitable allocation                Exchange for similar transactions.11                  outcry process involving a Broker Dealer
                                                of reasonable dues, fees, and other                     Further, the Exchange believes that                   that has a Public Customer of that same
                                                charges among BOX Participants and                      charging Professional Customers and                   Broker Dealer on the contra side of the
                                                other persons using its facilities and                  Broker Dealers and Market Makers more                 transaction, or where the Broker Dealer
                                                does not unfairly discriminate between                  than Public Customers for QCC Orders                  and the Public Customer both clear
                                                customers, issuers, brokers or dealers.                 is reasonable, equitable and not unfairly             through the same clearing firm and the
                                                                                                        discriminatory. The securities markets                Broker Dealer clears in the customer
                                                BVR                                                                                                           range. The wording of the previous
                                                                                                        generally, and BOX in particular, have
                                                   The Exchange believes the proposed                   historically aimed to improve markets                 definition unintentionally restricted the
                                                amendments to the BVR in Section I.B.2                  for investors and develop various                     definition of ‘‘Broker Dealer facilitating
                                                of the BOX Fee Schedule are reasonable,                 features within the market structure for              a Public Customer’’ to those Broker
                                                equitable and not unfairly                              Public Customer benefit. The Exchange                 Dealers clearing in the customer range.
                                                discriminatory. The BVR was adopted to                  believes that continuing to charge no                 The Exchange is now proposing to
                                                attract Public Customer order flow to                   fees to Public Customers in QCC                       clarify that the account type will apply
                                                the Exchange by offering these                          transactions is reasonable and,                       regardless of how the Broker Dealer
                                                Participants incentives to submit their                 ultimately, will benefit all Participants             clears. The Exchange believes the
                                                Public Customer PIP and COPIP Orders                    trading on the Exchange by attracting                 proposed change is reasonable as it is
                                                to the Exchange and the Exchange                        Public Customer order flow.                           substantially similar to the definition
                                                believes it is appropriate to now amend                    The Exchange believes the proposed                 ‘‘Broker Dealer facilitating a Public
                                                the BVR. The Exchange believes it is                    QCC Rebate for the originating side of                Customer’’ account type found on
                                                equitable and not unfairly                              the QCC transaction is reasonable, as it              another exchange with an open outcry
                                                discriminatory to amend the COPIP                                                                             trading floor.13 Further, the Exchange
                                                Rebate in Tier 4 of the BVR, as all                        9 See Section B of the PHLX Pricing Schedule       believes the proposed language is
                                                Participants have the ability to qualify                entitled ‘‘Customer Rebate Program;’’ ISE Gemini’s    equitable and not unfairly
                                                for a rebate, and rebates are provided                  Qualifying Tier Thresholds (page 6 of the ISE
                                                                                                        Gemini Fee Schedule); and CBOE’s Volume
                                                                                                                                                              discriminatory as it seeks to clarify that
                                                equally to qualifying Participants. Other               Incentive Program (VIP).                              ‘‘Broker Dealer facilitating a Public
                                                exchanges employ similar incentive                         10 See the International Securities Exchange       Customer’’ does not only apply to
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                                                                                                        (‘‘ISE’’) Fee Schedule, Complex Order Fees and        Broker Dealers who clear in the
                                                   7 See NYSE Arca, Inc (‘‘Arca’’) Fee Schedule. The    Rebates on page 9. Under the ISE Fee Schedule the     customer range.
                                                Exchange notes, however, that Arca’s similar            initiator receives a ‘‘break-up’’ rebate only for
                                                language includes reference to ‘‘Firm Facilitation.’’   contracts that are submitted to their auction
                                                Because BOX does not use or define the term             mechanism that do not trade with their contra           12 CBOE and the Miami International Securities

                                                ‘‘Firm’’ within the Fee Schedule and instead uses       order.                                                Exchange LLX (‘‘MIAX’’) offer a $0.10 per contract
                                                the term Broker Dealer. BOX does not intend to             11 See CBOE Fee Schedule. CBOE charges non-        credit or rebate paid on the initiating side of the
                                                include ‘‘Firm Facilitation’’ within this definition.   Public Customers $0.17 per contract and does not      QCC transaction.
                                                   8 15 U.S.C. 78f(b)(4) and (5).                       charge Public Customers.                                13 See supra note 7.




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                                                44020                     Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices

                                                B. Self-Regulatory Organization’s                        IV. Solicitation of Comments                            For the Commission, by the Division of
                                                Statement on Burden on Competition                                                                             Trading and Markets, pursuant to delegated
                                                                                                           Interested persons are invited to                   authority.16
                                                   The Exchange does not believe that                    submit written data, views, and                       Eduardo A. Aleman,
                                                the proposed rule change will impose                     arguments concerning the foregoing,                   Assistant Secretary.
                                                any burden on competition not                            including whether the proposed rule                   [FR Doc. 2017–19967 Filed 9–19–17; 8:45 am]
                                                necessary or appropriate in furtherance                  change is consistent with the Act.                    BILLING CODE 8011–01–P
                                                of the purposes of the Act. The                          Comments may be submitted by any of
                                                proposed rule change amends the BVR                      the following methods:
                                                to raise a rebate and no longer apply a
                                                rebate when the COPIP Order only                         Electronic Comments                                   SMALL BUSINESS ADMINISTRATION
                                                trades with its contra order. The
                                                Exchange does not believe that the                         • Use the Commission’s Internet
                                                proposed changes burden competition                      comment form (http://www.sec.gov/                     [Disaster Declaration #15291 and #15292;
                                                                                                         rules/sro.shtml); or                                  TEXAS Disaster Number TX–00488]
                                                and will instead help promote
                                                competition by providing additional                        • Send an email to rule-comments@                   Presidential Declaration Amendment of
                                                incentives for market participants to                    sec.gov. Please include File Number SR–               a Major Disaster for Public Assistance
                                                submit customer order flow to BOX and                    BOX–2017–30 on the subject line.                      Only for the State of Texas
                                                thus, create a greater opportunity for
                                                retail customers to receive additional                   Paper Comments                                        AGENCY: U.S. Small Business
                                                price improvement.                                                                                             Administration.
                                                                                                           • Send paper comments in triplicate
                                                   The Exchange believes this proposal                   to Secretary, Securities and Exchange                 ACTION: Amendment 1.
                                                will not cause unnecessary burden on                     Commission, 100 F Street NE.,
                                                intermarket competition because the                                                                            SUMMARY:   This is an amendment of the
                                                                                                         Washington, DC 20549–1090.                            Presidential declaration of a major
                                                proposed changes will actually enhance
                                                the competiveness of the Exchange                        All submissions should refer to File                  disaster for Public Assistance Only for
                                                relative to other exchanges which offer                  Number SR–BOX–2017–30. This file                      the State of Texas (FEMA–4332–DR),
                                                comparable fees and rebates for QCC                      number should be included on the                      dated 09/04/2017.
                                                transactions. To the extent that the                     subject line if email is used. To help the              Incident: Hurricane Harvey.
                                                proposed changes make the Exchange a                     Commission process and review your                      Incident Period: 08/23/2017 and
                                                more attractive marketplace for market                   comments more efficiently, please use                 continuing.
                                                participants at other exchanges, such                    only one method. The Commission will                  DATES:  Issued on 09/12/2017.
                                                market participants are welcome to                       post all comments on the Commission’s                    Physical Loan Application Deadline
                                                become market participants on the                        Internet Web site (http://www.sec.gov/                Date: 11/03/2017.
                                                Exchange.                                                rules/sro.shtml). Copies of the                          Economic Injury (EIDL) Loan
                                                C. Self-Regulatory Organization’s                        submission, all subsequent                            Application Deadline Date: 06/04/2018.
                                                Statement on Comments on the                             amendments, all written statements                    ADDRESSES: Submit completed loan
                                                Proposed Rule Change Received From                       with respect to the proposed rule                     applications to: U.S. Small Business
                                                Members, Participants, or Others                         change that are filed with the                        Administration, Processing and
                                                                                                         Commission, and all written                           Disbursement Center, 14925 Kingsport
                                                  No written comments were either                        communications relating to the                        Road, Fort Worth, TX 76155.
                                                solicited or received.                                   proposed rule change between the                      FOR FURTHER INFORMATION CONTACT:
                                                III. Date of Effectiveness of the                        Commission and any person, other than                    A. Escobar, Office of Disaster
                                                Proposed Rule Change and Timing for                      those that may be withheld from the                   Assistance, U.S. Small Business
                                                Commission Action                                        public in accordance with the                         Administration, 409 3rd Street SW.,
                                                                                                         provisions of 5 U.S.C. 552, will be                   Suite 6050, Washington, DC 20416,
                                                   The foregoing rule change has become                                                                        (202) 205–6734.
                                                                                                         available for Web site viewing and
                                                effective pursuant to Section
                                                19(b)(3)(A)(ii) of the Exchange Act 14                   printing in the Commission’s Public                   SUPPLEMENTARY INFORMATION: The notice
                                                and Rule 19b–4(f)(2) thereunder,15                       Reference Room, 100 F Street NE.,                     of the President’s major disaster
                                                because it establishes or changes a due,                 Washington, DC 20549 on official                      declaration for Private Non-Profit
                                                or fee.                                                  business days between the hours of                    organizations in the State of Texas,
                                                                                                         10:00 a.m. and 3:00 p.m. Copies of such               dated 09/04/2017, is hereby amended to
                                                   At any time within 60 days of the                                                                           include the following areas as adversely
                                                filing of the proposed rule change, the                  filing also will be available for
                                                                                                         inspection and copying at the principal               affected by the disaster.
                                                Commission summarily may
                                                temporarily suspend the rule change if                   office of the Exchange. All comments                  Primary Counties: Bee, Refugio
                                                it appears to the Commission that the                    received will be posted without change;                 All other information in the original
                                                action is necessary or appropriate in the                the Commission does not edit personal                 declaration remains unchanged.
                                                public interest, for the protection of                   identifying information from
                                                                                                                                                               (Catalog of Federal Domestic Assistance
                                                investors, or would otherwise further                    submissions. You should submit only                   Number 59008)
                                                the purposes of the Act. If the                          information that you wish to make
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                                                Commission takes such action, the                        available publicly. All submissions                   James E. Rivera,
                                                Commission shall institute proceedings                   should refer to File Number SR–BOX–                   Associate Administrator for Disaster
                                                to determine whether the proposed rule                   2017–30, and should be submitted on or                Assistance.
                                                should be approved or disapproved.                       before October 11, 2017.                              [FR Doc. 2017–19970 Filed 9–19–17; 8:45 am]
                                                                                                                                                               BILLING CODE 8025–01–P
                                                  14 15 U.S.C. 78s(b)(3)(A)(ii).
                                                  15 17 CFR 240.19b–4(f)(2).                                                                                     16 17   CFR 200.30–3(a)(12).



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Document Created: 2018-10-24 14:21:08
Document Modified: 2018-10-24 14:21:08
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 44018 

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