82_FR_56117 82 FR 55892 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 7300

82 FR 55892 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 7300

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 225 (November 24, 2017)

Page Range55892-55894
FR Document2017-25357

Federal Register, Volume 82 Issue 225 (Friday, November 24, 2017)
[Federal Register Volume 82, Number 225 (Friday, November 24, 2017)]
[Notices]
[Pages 55892-55894]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25357]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82113; File No. SR-BOX-2017-35]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Amend Rule 7300

November 17, 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 November 8, 2017, BOX Options Exchange LLC (the ``Exchange'') filed 
with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I and II below, which Items 
have been prepared by the self-regulatory organization. The Commission 
is publishing this notice to solicit comments on the proposed rule from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 7300. 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://boxoptions.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 proposes to amend Rule 7300. Specifically, the 
Exchange is proposing to amend how the quoting requirements for 
Preferred Market Makers \3\ are calculated. A Preferred Market Maker 
must maintain a continuous two-sided market, pursuant to Rule 
8050(c)(1), throughout the trading day, in 99% of the non-adjusted 
option series of each class for which it accepts Preferenced Orders,\4\ 
for 90% of the time the Exchange is open for trading in each such 
option class.\5\ Compliance with the Preferred Market Maker quoting 
requirement is determined on a monthly basis; however, determining 
compliance with this requirement on a monthly basis does not relieve a 
Preferred Market Maker from meeting this quoting requirement on a daily 
basis, nor does it prohibit the Exchange from taking disciplinary 
action against a Preferred Market Maker for failing to meet this 
requirement each trading day.
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    \3\ The term ``Preferred Market Maker'' means a Market Maker 
designated as such by a Participant with respect to an order 
submitted by such Participant to BOX. See Rule 7300(a)(2).
    \4\ The term ``Preferenced Order'' means any order, whether on a 
single option instrument or on a Complex Order Strategy, for which a 
Preferred Market Maker is designated with respect to such order, 
upon submission of such order to BOX. See Rule 7300(a)(1).
    \5\ For purposes of this requirement, a Preferred Market Maker 
is not required to quote in intra-day add-on series or series that 
have a time to expiration of nine months or more in the classes for 
which it receives Preferenced Orders and a Market Maker may still be 
a Preferred Market Maker in any such series if the Market Maker 
otherwise complies with the requirements.
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    Currently, the Exchange applies the quoting requirements on a 
class-by-class basis. The Exchange is now proposing that compliance 
with the quoting requirements apply to all of a Preferred Market 
Maker's classes for which it receives Preferenced Orders collectively. 
This change is being proposed as a competitive response to the rules of 
another exchange.\6\ The Exchange is not proposing any change to the 
actual quoting requirements, only to how the requirements are applied 
to Preferred Market Makers.
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    \6\ See CBOE Rule 8.13(d).
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    The Exchange believes that applying the continuous electronic 
quoting requirements for Preferred Market Makers collectively across 
all classes is a fair and efficient way for the Exchange and market 
participants to evaluate compliance with the continuous electronic 
quoting obligation. Applying the continuous electronic quoting 
requirements collectively across all classes rather than on a class-by-
class basis is beneficial to Preferred Market Makers by providing some 
flexibility to choose which series in their appointed classes they will 
continuously electronically quote--increasing the continuous electronic 
quoting in the series of one class while allowing for a decrease in the 
continuous electronic quoting in the series of another class. This 
flexibility, however, does not diminish the Preferred Market Maker's 
obligation to continuously electronically quote in a significant 
percentage of series for a significant part of the trading day. This 
flexibility is especially important for classes that have relatively 
few series and may prevent a Preferred Market Maker from reaching the 
continuous electronic quoting obligation when failing to quote 90% of 
the trading day in more than one series in an appointed class. The 
Exchange believes that the proposed rule change will not diminish, and 
may in fact increase, market making activity on the Exchange, by 
applying continuous electronic quoting obligations in a reasonable 
manner, which is already in place on other options exchanges.\7\
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    \7\ See e.g., Nasdaq ISE, LLC (``ISE'') Rule 713, Supplementary 
Material .03 and Rule 804(e); and NYSE Arca, Inc. (``NYSE Arca'') 
Options Rule 6.88-O.
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2. Statutory Basis
    The Exchange believes that the proposal is consistent with the

[[Page 55893]]

requirements of Section 6(b) of the Securities Exchange Act of 1934 
(the ``Act''),\8\ in general, and Section 6(b)(5) of the Act,\9\ 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. In particular, the proposed change will more closely 
align how the Exchange applies the quoting requirements for Preferred 
Market Makers with another options exchange.\10\ The Exchange believes 
the proposed change will provide increased flexibility to Preferred 
Market Makers in their ability to provide liquidity, which in turn, 
will benefit the public.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ See supra note 7.
---------------------------------------------------------------------------

    With respect to the application of continuous electronic quoting 
obligations collectively, the Exchange believes that providing 
Preferred Market Makers with flexibility to satisfy their continuous 
electronic quoting obligations collectively across their appointed 
classes will not diminish Preferred Market Makers' obligations to 
provide continuous electronic quotes in a significant percentage of 
series for a significant part of the trading day. BOX believes that the 
balance between the obligations imposed on and benefits provided to 
Preferred Market Makers under the rules is appropriate. The proposed 
rule change does not diminish any of the obligations imposed on 
Preferred Market Makers. Rather, it merely changes how the continuous 
electronic quoting obligation is applied. The Exchange notes that 
Preferred Market Makers are subject to many obligations under the 
rules, including the obligation to satisfy bid/ask differential 
requirements, to meet minimum quote size requirements, and to 
contribute to the maintenance of a fair and orderly market in their 
appointed classes, which the Exchange believes will ensure continued 
liquidity on the Exchange. BOX believes that its proposed rule change 
is consistent with the Act in that providing flexibility does not 
detract from the overall market making obligations of Preferred Market 
Makers. The proposed rule change better supports a Preferred Market 
Maker's continuous obligation to engage in dealings for its own 
account. Accordingly, any benefits of the proposed rule change to 
provide flexibility to Preferred Market Makers are offset by the 
continued responsibilities to provide significant liquidity to the 
market to the benefit of all market participants.

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 that is not necessary or appropriate 
in furtherance of the purposes of the Act. As discussed above, the 
proposed change simply aligns the rules of the Exchange with those of 
other options exchanges.\11\ Additionally, the proposed change is only 
amending how the quoting obligations are calculated; not the quoting 
obligations themselves.
---------------------------------------------------------------------------

    \11\ See supra note 7.
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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

    Because the proposed rule change does not (i) significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate, it has become effective pursuant to Section 
19(b)(3)(A) of the Act \12\ and Rule 19b-4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
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    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 change 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-2017-35 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-2017-35. 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. Persons 
submitting comments are cautioned that we do not redact or edit 
personal identifying information from comment submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BOX-2017-35 and should be 
submitted on or before December 15, 2017.


[[Page 55894]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-25357 Filed 11-22-17; 8:45 am]
BILLING CODE 8011-01-P



                                                55892                         Federal Register / Vol. 82, No. 225 / Friday, November 24, 2017 / Notices

                                                self-regulatory organization consents,                  I. Self-Regulatory Organization’s                        Maker from meeting this quoting
                                                the Commission shall either approve the                 Statement of the Terms of Substance of                   requirement on a daily basis, nor does
                                                proposed rule change, disapprove the                    the Proposed Rule Change                                 it prohibit the Exchange from taking
                                                proposed rule change, or institute                         The Exchange proposes to amend                        disciplinary action against a Preferred
                                                proceedings to determine whether the                    Rule 7300. The text of the proposed rule                 Market Maker for failing to meet this
                                                proposed rule change should be                          change is available from the principal                   requirement each trading day.
                                                disapproved. The 45th day after                         office of the Exchange, at the                              Currently, the Exchange applies the
                                                publication of the notice for this                                                                               quoting requirements on a class-by-class
                                                                                                        Commission’s Public Reference Room
                                                proposed rule change is November 25,                                                                             basis. The Exchange is now proposing
                                                                                                        and also on the Exchange’s Internet Web
                                                2017. The Commission is extending this                                                                           that compliance with the quoting
                                                                                                        site at http://boxoptions.com.
                                                                                                                                                                 requirements apply to all of a Preferred
                                                45-day time period.
                                                                                                        II. Self-Regulatory Organization’s                       Market Maker’s classes for which it
                                                   The Commission finds that it is                      Statement of the Purpose of, and                         receives Preferenced Orders
                                                appropriate to designate a longer period                Statutory Basis for, the Proposed Rule                   collectively. This change is being
                                                within which to take action on the                      Change                                                   proposed as a competitive response to
                                                proposed rule change so that it has                        In its filing with the Commission, the                the rules of another exchange.6 The
                                                sufficient time to consider the proposed                self-regulatory organization included                    Exchange is not proposing any change
                                                rule change. Accordingly, the                           statements concerning the purpose of,                    to the actual quoting requirements, only
                                                Commission, pursuant to Section                         and basis for, the proposed rule change                  to how the requirements are applied to
                                                19(b)(2) of the Act,5 designates January                and discussed any comments it received                   Preferred Market Makers.
                                                9, 2018 as the date by which the                                                                                    The Exchange believes that applying
                                                                                                        on the proposed rule change. The text
                                                Commission shall either approve or                                                                               the continuous electronic quoting
                                                                                                        of these statements may be examined at
                                                disapprove or institute proceedings to                                                                           requirements for Preferred Market
                                                                                                        the places specified in Item IV below.
                                                determine whether to disapprove the                                                                              Makers collectively across all classes is
                                                                                                        The self-regulatory organization has
                                                proposed rule change (File Number SR–                                                                            a fair and efficient way for the Exchange
                                                                                                        prepared summaries, set forth in
                                                BatsBZX–2017–58).                                                                                                and market participants to evaluate
                                                                                                        Sections A, B, and C below, of the most
                                                                                                                                                                 compliance with the continuous
                                                  For the Commission, by the Division of                significant aspects of such statements.
                                                                                                                                                                 electronic quoting obligation. Applying
                                                Trading and Markets, pursuant to delegated              A. Self-Regulatory Organization’s                        the continuous electronic quoting
                                                authority.6                                             Statement of the Purpose of, and                         requirements collectively across all
                                                Eduardo A. Aleman,                                      Statutory Basis for, the Proposed Rule                   classes rather than on a class-by-class
                                                Assistant Secretary.                                    Change                                                   basis is beneficial to Preferred Market
                                                [FR Doc. 2017–25346 Filed 11–22–17; 8:45 am]                                                                     Makers by providing some flexibility to
                                                                                                        1. Purpose                                               choose which series in their appointed
                                                BILLING CODE 8011–01–P
                                                                                                           The Exchange proposes to amend                        classes they will continuously
                                                                                                        Rule 7300. Specifically, the Exchange is                 electronically quote—increasing the
                                                SECURITIES AND EXCHANGE                                 proposing to amend how the quoting                       continuous electronic quoting in the
                                                COMMISSION                                              requirements for Preferred Market                        series of one class while allowing for a
                                                                                                        Makers 3 are calculated. A Preferred                     decrease in the continuous electronic
                                                                                                        Market Maker must maintain a                             quoting in the series of another class.
                                                [Release No. 34–82113; File No. SR–BOX–                 continuous two-sided market, pursuant                    This flexibility, however, does not
                                                2017–35]                                                to Rule 8050(c)(1), throughout the                       diminish the Preferred Market Maker’s
                                                                                                        trading day, in 99% of the non-adjusted                  obligation to continuously electronically
                                                Self-Regulatory Organizations; BOX
                                                                                                        option series of each class for which it                 quote in a significant percentage of
                                                Options Exchange LLC; Notice of                                                                                  series for a significant part of the trading
                                                                                                        accepts Preferenced Orders,4 for 90% of
                                                Filing and Immediate Effectiveness of                                                                            day. This flexibility is especially
                                                                                                        the time the Exchange is open for
                                                a Proposed Rule Change To Amend                         trading in each such option class.5                      important for classes that have relatively
                                                Rule 7300                                               Compliance with the Preferred Market                     few series and may prevent a Preferred
                                                November 17, 2017.                                      Maker quoting requirement is                             Market Maker from reaching the
                                                                                                        determined on a monthly basis;                           continuous electronic quoting obligation
                                                   Pursuant to Section 19(b)(1) of the                  however, determining compliance with                     when failing to quote 90% of the trading
                                                Securities Exchange Act of 1934                         this requirement on a monthly basis                      day in more than one series in an
                                                (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 does not relieve a Preferred Market                      appointed class. The Exchange believes
                                                notice is hereby given that on November                                                                          that the proposed rule change will not
                                                8, 2017, BOX Options Exchange LLC                         3 The term ‘‘Preferred Market Maker’’ means a          diminish, and may in fact increase,
                                                (the ‘‘Exchange’’) filed with the                       Market Maker designated as such by a Participant         market making activity on the Exchange,
                                                Securities and Exchange Commission                      with respect to an order submitted by such               by applying continuous electronic
                                                                                                        Participant to BOX. See Rule 7300(a)(2).
                                                (‘‘Commission’’) the proposed rule                        4 The term ‘‘Preferenced Order’’ means any order,      quoting obligations in a reasonable
                                                change as described in Items I and II                   whether on a single option instrument or on a            manner, which is already in place on
                                                below, which Items have been prepared                   Complex Order Strategy, for which a Preferred            other options exchanges.7
                                                by the self-regulatory organization. The                Market Maker is designated with respect to such
                                                                                                        order, upon submission of such order to BOX. See         2. Statutory Basis
sradovich on DSK3GMQ082PROD with NOTICES




                                                Commission is publishing this notice to                 Rule 7300(a)(1).
                                                solicit comments on the proposed rule                     5 For purposes of this requirement, a Preferred
                                                                                                                                                                    The Exchange believes that the
                                                from interested persons.                                Market Maker is not required to quote in intra-day       proposal is consistent with the
                                                                                                        add-on series or series that have a time to expiration
                                                                                                        of nine months or more in the classes for which it         6 See
                                                                                                                                                                       CBOE Rule 8.13(d).
                                                  5 Id.
                                                                                                        receives Preferenced Orders and a Market Maker             7 See
                                                                                                                                                                       e.g., Nasdaq ISE, LLC (‘‘ISE’’) Rule 713,
                                                  6 17 CFR 200.30–3(a)(31).                             may still be a Preferred Market Maker in any such        Supplementary Material .03 and Rule 804(e); and
                                                  1 15 U.S.C. 78s(b)(1).                                series if the Market Maker otherwise complies with       NYSE Arca, Inc. (‘‘NYSE Arca’’) Options Rule 6.88–
                                                  2 17 CFR 240.19b–4.                                   the requirements.                                        O.



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                                                                             Federal Register / Vol. 82, No. 225 / Friday, November 24, 2017 / Notices                                             55893

                                                requirements of Section 6(b) of the                      proposed rule change to provide                         IV. Solicitation of Comments
                                                Securities Exchange Act of 1934 (the                     flexibility to Preferred Market Makers
                                                ‘‘Act’’),8 in general, and Section 6(b)(5)               are offset by the continued                               Interested persons are invited to
                                                of the Act,9 in particular, in that it is                responsibilities to provide significant                 submit written data, views and
                                                designed to prevent fraudulent and                       liquidity to the market to the benefit of               arguments concerning the foregoing,
                                                manipulative acts and practices, to                      all market participants.                                including whether the proposed rule
                                                promote just and equitable principles of                                                                         change is consistent with the Act.
                                                trade, to foster cooperation and                         B. Self-Regulatory Organization’s                       Comments may be submitted by any of
                                                coordination with persons engaged in                     Statement on Burden on Competition
                                                                                                                                                                 the following methods:
                                                facilitating transactions in securities, to                 The Exchange does not believe that
                                                remove impediments to and perfect the                                                                            Electronic Comments
                                                                                                         the proposed rule change will impose
                                                mechanism of a free and open market                      any burden on competition that is not                     • Use the Commission’s Internet
                                                and a national market system, and, in                    necessary or appropriate in furtherance                 comment form (http://www.sec.gov/
                                                general to protect investors and the                     of the purposes of the Act. As discussed                rules/sro.shtml); or
                                                public interest. In particular, the                      above, the proposed change simply
                                                proposed change will more closely align                                                                            • Send an email to rule-comments@
                                                                                                         aligns the rules of the Exchange with
                                                how the Exchange applies the quoting                     those of other options exchanges.11                     sec.gov. Please include File Number SR–
                                                requirements for Preferred Market                        Additionally, the proposed change is                    BOX–2017–35 on the subject line.
                                                Makers with another options                              only amending how the quoting                           Paper Comments
                                                exchange.10 The Exchange believes the                    obligations are calculated; not the
                                                proposed change will provide increased                   quoting obligations themselves.                           • Send paper comments in triplicate
                                                flexibility to Preferred Market Makers in                                                                        to Secretary, Securities and Exchange
                                                their ability to provide liquidity, which                C. Self-Regulatory Organization’s
                                                                                                                                                                 Commission, 100 F Street NE.,
                                                in turn, will benefit the public.                        Statement on Comments on the
                                                                                                                                                                 Washington, DC 20549–1090.
                                                   With respect to the application of                    Proposed Rule Change Received From
                                                continuous electronic quoting                            Members, Participants, or Others                        All submissions should refer to File
                                                obligations collectively, the Exchange                                                                           Number SR–BOX–2017–35. This file
                                                believes that providing Preferred Market                   The Exchange has neither solicited
                                                                                                                                                                 number should be included on the
                                                Makers with flexibility to satisfy their                 nor received comments on the proposed
                                                                                                                                                                 subject line if email is used. To help the
                                                continuous electronic quoting                            rule change.
                                                                                                                                                                 Commission process and review your
                                                obligations collectively across their                    III. Date of Effectiveness of the                       comments more efficiently, please use
                                                appointed classes will not diminish                      Proposed Rule Change and Timing for                     only one method. The Commission will
                                                Preferred Market Makers’ obligations to                  Commission Action                                       post all comments on the Commission’s
                                                provide continuous electronic quotes in                                                                          Internet Web site (http://www.sec.gov/
                                                a significant percentage of series for a                    Because the proposed rule change
                                                                                                         does not (i) significantly affect the                   rules/sro.shtml). Copies of the
                                                significant part of the trading day. BOX
                                                                                                         protection of investors or the public                   submission, all subsequent
                                                believes that the balance between the
                                                obligations imposed on and benefits                      interest; (ii) impose any significant                   amendments, all written statements
                                                provided to Preferred Market Makers                      burden on competition; and (iii) become                 with respect to the proposed rule
                                                under the rules is appropriate. The                      operative for 30 days from the date on                  change that are filed with the
                                                proposed rule change does not diminish                   which it was filed, or such shorter time                Commission, and all written
                                                any of the obligations imposed on                        as the Commission may designate, it has                 communications relating to the
                                                Preferred Market Makers. Rather, it                      become effective pursuant to Section                    proposed rule change between the
                                                merely changes how the continuous                        19(b)(3)(A) of the Act 12 and Rule 19b–                 Commission and any person, other than
                                                electronic quoting obligation is applied.                4(f)(6) thereunder.13                                   those that may be withheld from the
                                                The Exchange notes that Preferred                           At any time within 60 days of the                    public in accordance with the
                                                Market Makers are subject to many                        filing of the proposed rule change, the                 provisions of 5 U.S.C. 552, will be
                                                obligations under the rules, including                   Commission summarily may                                available for Web site viewing and
                                                the obligation to satisfy bid/ask                        temporarily suspend such rule change if                 printing in the Commission’s Public
                                                differential requirements, to meet                       it appears to the Commission that such                  Reference Room, on official business
                                                minimum quote size requirements, and                     action is necessary or appropriate in the               days between the hours of 10:00 a.m.
                                                to contribute to the maintenance of a                    public interest, for the protection of                  and 3:00 p.m., located at 100 F Street
                                                fair and orderly market in their                         investors, or otherwise in furtherance of               NE., Washington, DC 20549. Copies of
                                                appointed classes, which the Exchange                    the purposes of the Act. If the                         such filing also will be available for
                                                believes will ensure continued liquidity                 Commission takes such action, the                       inspection and copying at the principal
                                                on the Exchange. BOX believes that its                   Commission shall institute proceedings                  office of the Exchange. All comments
                                                proposed rule change is consistent with                  to determine whether the proposed rule                  received will be posted without change.
                                                the Act in that providing flexibility does               change should be approved or                            Persons submitting comments are
                                                not detract from the overall market                      disapproved.                                            cautioned that we do not redact or edit
                                                making obligations of Preferred Market
                                                Makers. The proposed rule change                                                                                 personal identifying information from
                                                                                                           11 See  supra note 7.                                 comment submissions. You should
sradovich on DSK3GMQ082PROD with NOTICES




                                                better supports a Preferred Market                         12 15  U.S.C. 78s(b)(3)(A).
                                                Maker’s continuous obligation to engage                    13 17 CFR 240.19b–4(f)(6). As required under Rule
                                                                                                                                                                 submit only information that you wish
                                                in dealings for its own account.                         19b–4(f)(6)(iii), the Exchange provided the             to make available publicly. All
                                                Accordingly, any benefits of the                         Commission with written notice of its intent to file    submissions should refer to File
                                                                                                         the proposed rule change, along with a brief            Number SR–BOX–2017–35 and should
                                                                                                         description and the text of the proposed rule
                                                  8 15 U.S.C. 78f(b).                                    change, at least five business days prior to the date   be submitted on or before December 15,
                                                  9 15 U.S.C. 78f(b)(5).                                 of filing of the proposed rule change, or such          2017.
                                                  10 See supra note 7.                                   shorter time as designated by the Commission.



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                                                55894                        Federal Register / Vol. 82, No. 225 / Friday, November 24, 2017 / Notices

                                                  For the Commission, by the Division of                                                                          Commission instituted proceedings
                                                Trading and Markets, pursuant to delegated               Counsel and Corporate Secretary, New York Stock          under Section 19(b)(2)(B) of the
                                                authority.14                                             Exchange, dated June 13, 2017 (‘‘NYSE Letter 1’’);
                                                                                                         (7) John M. Bowers, Bowers Securities, dated June
                                                                                                                                                                  Exchange Act 6 to determine whether to
                                                Eduardo A. Aleman,                                                                                                approve or disapprove the proposed
                                                                                                         14, 2017 (‘‘Bowers Letter’’); (8) Jonathan D. Corpina,
                                                Assistant Secretary.                                     Senior Managing Partner, Meridian Equity Partners,       rule change.7 Since then, the
                                                [FR Doc. 2017–25357 Filed 11–22–17; 8:45 am]             dated June 16, 2017 (‘‘Meridian Letter’’); (9) Fady      Commission has received four more
                                                                                                         Tanios, Chief Executive Officer, and Brian Fraioli,      comment letters, including a response
                                                BILLING CODE 8011–01–P
                                                                                                         Chief Compliance Officer, Americas Executions,
                                                                                                         LLC, dated June 16, 2017 (‘‘Americas Executions          from the Exchange.8
                                                                                                         Letter’’); (10) Ari M. Rubenstein, Co-Founder and          Section 19(b)(2) of the Act 9 provides
                                                SECURITIES AND EXCHANGE                                  Chief Executive Officer, GTS Securities LLC, dated       that, after initiating proceedings, the
                                                COMMISSION                                               June 22, 2017 (‘‘GTS Securities Letter 1’’); (11) John   Commission shall issue an order
                                                                                                         Ramsay, Chief Market Policy Officer, Investors           approving or disapproving the proposed
                                                [Release No. 34–82108; File No. SR–                      Exchange LLC, dated June 23, 2017 (‘‘IEX Letter’’);
                                                                                                         (12) Jay S. Sidhu, Chairman, Chief Executive             rule change not later than 180 days after
                                                BatsBZX–2017–34]
                                                                                                         Officer, Customers Bancorp, Inc., dated June 27,         the date of publication of notice of filing
                                                Self-Regulatory Organizations; Bats                      2017 (‘‘Customers Bancorp Letter’’); (13) Joanne         of the proposed rule change. The
                                                                                                         Freiberger, Vice President, Treasurer, Masonite          Commission may, however, extend the
                                                BZX Exchange, Inc.; Notice of                            International Corporation, dated June 27, 2017
                                                Designation of a Longer Period for                       (‘‘Masonite International Letter’’); (14) David B.
                                                                                                                                                                  period for issuing an order approving or
                                                Commission Action on Proceedings To                      Griffith, Investor Relations Manager, Orion Group
                                                                                                         Holdings, Inc., dated June 27, 2017 (‘‘Orion Group       ViableMkts, dated August 3, 2017 (‘‘ViableMkts
                                                Determine Whether To Approve or                                                                                   Letter’’); (39) Charles Beck, Chief Financial Officer,
                                                                                                         Letter’’); (15) Kieran O’Sullivan, Chairman,
                                                Disapprove a Proposed Rule Change                        President and CEO, CTS Corporation, dated June           Digimarc Corporation, dated August 3, 2017
                                                To Introduce Bats Market Close, a                        28, 2017 (‘‘CTS Corporation Letter’’); (16) Sherri       (‘‘Digimarc Letter’’); (40) Elizabeth K. King, General
                                                Closing Match Process for Non-BZX                        Brillon, Executive Vice-President and Chief              Counsel and Corporate Secretary, New York Stock
                                                                                                         Financial Officer, Encana Corporation, dated June        Exchange, dated August 9, 2017 (‘‘NYSE Letter 2’’);
                                                Listed Securities Under New Exchange                                                                              (41) Representative Sean P. Duffy and
                                                                                                         29, 2017 (‘‘Encana Letter’’); (17) Steven C. Lilly,
                                                Rule 11.28                                               Chief Financial Officer, Triangle Capital                Representative Gregory W. Meeks, dated August 9,
                                                                                                         Corporation, dated June 29, 2017 (‘‘Triangle Capital     2017 (‘‘Duffy/Meeks Letter’’); (42) Michael J.
                                                November 17, 2017.                                       Letter’’); (18) Robert F. McCadden, Executive Vice       Chewens, Senior Executive Vice President & Chief
                                                   On May 5, 2017, Bats BZX Exchange,                    President and Chief Financial Officer, Pennsylvania      Financial Officer, NBT Bancorp Inc., dated August
                                                                                                                                                                  11, 2017 (‘‘NBT Bancorp Letter’’); (43) Barry
                                                Inc. (now known as Cboe BZX                              Real Estate Investment Trust, dated June 29, 2017
                                                                                                                                                                  Zwarenstein, Chief Financial Officer, Five9, Inc.,
                                                Exchange, Inc.) (‘‘BZX’’ or ‘‘Exchange’’)                (‘‘Pennsylvania REIT Letter’’); (19) Andrew Stevens,
                                                                                                         General Counsel, IMC Financial Markets, dated            dated August 11, 2017 (‘‘Five9 Letter’’); (44)
                                                filed with the Securities and Exchange                   June 30, 2017 (‘‘IMC Letter’’); (20) Daniel S. Tucker,
                                                                                                                                                                  William A. Backus, Chief Financial Officer &
                                                Commission (‘‘Commission’’), pursuant                                                                             Treasurer, Balchem Corporation, dated August 15,
                                                                                                         Senior Vice President and Treasurer, Southern
                                                                                                                                                                  2017 (‘‘Balchem Letter’’); (45) Raiford Garrabrant,
                                                to Section 19(b)(1) of the Securities                    Company, dated July 5, 2017 (‘‘Southern Company
                                                                                                                                                                  Director, Investor Relations, Cree, Inc., dated
                                                Exchange Act of 1934 (‘‘Act’’) 1 and Rule                Letter’’); (21) Cole Stevens, Investor Relations
                                                                                                                                                                  August 15, 2017 (‘‘Cree Letter’’); (46) Steven
                                                                                                         Associate, Nobilis Health, dated July 6, 2017
                                                19b–4 thereunder,2 a proposed rule                       (‘‘Nobilis Health Letter’’); (22) Mehmet Kinak, Head
                                                                                                                                                                  Paladino, Executive Vice President & Chief
                                                change to adopt Bats Market Close, a                                                                              Financial Officer, Henry Schein, Inc., dated August
                                                                                                         of Global Equity Market Structure & Electronic           16, 2017 (‘‘Henry Schein Letter’’); (47) Theodore
                                                closing match process for non-BZX                        Trading, et. al., T. Rowe Price Associates, Inc.,        Jenkins, Senior Director, Investor Relations and
                                                Listed Securities. The proposed rule                     dated July 7, 2017 (‘‘T. Rowe Price Letter’’); (23)      Communications, Corbus Pharmaceuticals, Inc.,
                                                                                                         David L. Dragics, Senior Vice President, Investor
                                                change was published for comment in                      Relations, CACI International Inc., dated July 7,
                                                                                                                                                                  dated August 17, 2017 (‘‘Corbus Letter’’); (48) Ari
                                                the Federal Register on May 22, 2017.3                                                                            M. Rubenstein, Co-Founder and Chief Executive
                                                                                                         2017 (‘‘CACI Letter’’); (24) Mark A. Stegeman,           Officer, GTS Securities LLC, dated August 17, 2017
                                                On July 3, 2017, the Commission                          Senior Vice President & CFO, Turning Point Brands,       (‘‘GTS Securities Letter 2’’); (49) Cameron Bready,
                                                designated a longer period within which                  Inc., dated July 12, 2017 (‘‘Turning Point Letter’’);    Senior Executive VP, Chief Financial Officer, Global
                                                to approve the proposed rule change,                     (25) Jon R. Moeller, Vice Chair and Chief Financial      Payments Inc., dated August 17, 2017 (‘‘Global
                                                                                                         Officer, and Deborah J. Majoras, Chief Legal Officer     Payments Letter’’); (50) Mike Gregoire, CEO, CA
                                                disapprove the proposed rule change, or                  and Secretary, The Proctor & Gamble Company,             Technologies, dated August 17, 2017 (‘‘CA
                                                institute proceedings to determine                       dated July 12, 2017 (‘‘P&G Letter’’); (26) Christopher   Technologies Letter’’); (51) Patrick L. Donnelly,
                                                whether the proposed rule change                         A. Iacovella, Chief Executive Officer, Equity Dealers    Executive Vice President & General Counsel, Sirius
                                                should be disapproved.4 The                              of America, dated July 12, 2017 (‘‘EDA Letter’’); (27)   XMHoldings Inc., dated August 17, 2017 (‘‘Sirius
                                                                                                         Rob Bernshteyn, Chief Executive Officer, Chairman        Letter’’); (52) Theodore R. Lazo, Managing Director
                                                Commission received 54 comment                           Board of Directors, Coupa Software, Inc., dated July     and Associate General Counsel, SIFMA, dated
                                                letters on the proposed rule change,                     12, 2017 (‘‘Coupa Software Letter’’); (28) Sally J.      August 18, 2017 (‘‘SIFMA Letter 2’’); (53) Donald
                                                including a response from the                            Curley, Senior Vice President, Investor Relations,       Bollerman, dated August 18, 2017 (‘‘Bollerman
                                                Exchange.5 On August 18, 2017, the                       Cardinal Health, Inc., dated July 14, 2017               Letter’’); and (54) Sarah A. O’Dowd, Senior Vice
                                                                                                         (‘‘Cardinal Health Letter’’); (29) Mickey Foster, Vice   President, Chief Legal Officer and Secretary, Lam
                                                                                                         President, Investor Relations, FedEx Corporation,        Research Corporation, dated August 18, 2017 (‘‘Lam
                                                  14 17   CFR 200.30–3(a)(12).                           dated July 14, 2017 (‘‘FedEx Letter’’); (30)             Letter’’).
                                                  1 15  U.S.C. 78s(b)(1).                                                                                            6 15 U.S.C. 78s(b)(2)(B).
                                                                                                         Alexander J. Matturri, CEO, S&P Dow Jones Indices,
                                                   2 17 CFR 240.19b–4.
                                                                                                         dated July 18, 2017 (‘‘SPDJI Letter’’); (31) John L.        7 See Securities Exchange Act Release No. 81437,
                                                   3 See Securities Exchange Act Release No. 80683       Killea, Chief Legal Officer, Stewart Information         82 FR 40202 (August 24, 2017).
                                                (May 16, 2017), 82 FR 23320.                             Services, dated July 19, 2017 (‘‘Stewart Letter’’);         8 See Letters to Brent J. Fields, Secretary,
                                                   4 See Securities Exchange Act Release No. 81072,      (32) M. Farooq Kathwari, Chairman, President &           Commission, from: (1) Gabrielle Rabinovitch, VP,
                                                82 FR 31792 (July 10, 2017).                             CEO, Ethan Allen Interiors, Inc., dated July 24, 2017    Investor Relations, PayPal Holdings, Inc., dated
                                                   5 See Letters to Brent J. Fields, Secretary,          (‘‘Ethan Allen Letter’’); (33) Jeff Green, Founder,      September 12, 2017 (‘‘PayPal Letter’’); (2) Edward
                                                Commission, from: (1) Donald K. Ross, Jr.,               Chief Executive Officer and Chairman of the Board        S. Knight, Executive Vice President and General
                                                Executive Chairman, PDQ Enterprise, LLC, dated           of Directors, The Trade Desk Inc., dated July 26,        Counsel, Nasdaq, Inc., dated September 18, 2017
                                                June 6, 2017 (‘‘PDQ Letter’’); (2) Edward S. Knight,     2017 (‘‘Trade Desk Letter’’); (34) James J. Angel,       (‘‘Nasdaq Letter 2’’); (3) Joanne Moffic-Silver,
                                                Executive Vice President and General Counsel,            Associate Professor, McDonough School of                 Executive Vice President, General Counsel, and
sradovich on DSK3GMQ082PROD with NOTICES




                                                Nasdaq, Inc., dated June 12, 2017 (‘‘Nasdaq Letter       Business, Georgetown University, dated July 30,          Corporate Secretary, Bats Global Markets, Inc.,
                                                1’’); (3) Ray Ross, Chief Technology Officer,            2017 (‘‘Angel Letter’’); (35) Jon Stonehouse, CEO,       dated October 11, 2017 (‘‘BZX Letter 2’’); and (4)
                                                Clearpool Group, dated June 12, 2017 (‘‘Clearpool        and Tom Staab, CFO, BioCryst Pharmaceuticals,            Elizabeth K. King, General Counsel and Corporate
                                                Letter’’); (4) Venu Palaparthi, SVP, Compliance,         Inc., dated July 31, 2017 (‘‘BioCryst Letter’’); (36)    Secretary, New York Stock Exchange, dated
                                                Regulatory and Government Affairs, Virtu                 Peter Campbell, Chief Financial Officer, Mimecast,       November 3, 2017 (‘‘NYSE Letter 3’’). All comments
                                                Financial, dated June 12, 2017 (‘‘Virtu Letter’’); (5)   dated July 31, 2017 (‘‘Mimecast Letter’’); (37) Joanne   on the proposed rule change are available at:
                                                Theodore R. Lazo, Managing Director and Associate        Moffic-Silver, Executive Vice President, General         https://www.sec.gov/comments/sr-batsbzx-2017-34/
                                                General Counsel, SIFMA, dated June 13, 2017              Counsel, and Corporate Secretary, Bats Global            batsbzx201734.htm.
                                                (‘‘SIFMA Letter 1’’); (6) Elizabeth K. King, General     Markets, Inc., dated August 2, 2017 (‘‘BZX Letter           9 15 U.S.C. 78s(b)(2).

                                                                                                         1’’); (38) David M. Weisberger, Head of Equities,


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Document Created: 2017-11-22 23:34:19
Document Modified: 2017-11-22 23:34:19
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 55892 

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