82_FR_8465 82 FR 8450 - Self-Regulatory Organizations; BOX Options Exchange LLC; Order Granting Approval of Proposed Rule Change To Amend Interpretive Material to Rule 7150 (Price Improvement Period “PIP”) and Interpretive Material to Rule 7245 (Complex Order Price Improvement Period “COPIP”) To Make Permanent the Pilot Programs That Permit the Exchange to Have No Minimum Size Requirement for Orders Entered Into the PIP (“PIP Pilot Program”) and COPIP (“COPIP Pilot Program”)

82 FR 8450 - Self-Regulatory Organizations; BOX Options Exchange LLC; Order Granting Approval of Proposed Rule Change To Amend Interpretive Material to Rule 7150 (Price Improvement Period “PIP”) and Interpretive Material to Rule 7245 (Complex Order Price Improvement Period “COPIP”) To Make Permanent the Pilot Programs That Permit the Exchange to Have No Minimum Size Requirement for Orders Entered Into the PIP (“PIP Pilot Program”) and COPIP (“COPIP Pilot Program”)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 15 (January 25, 2017)

Page Range8450-8452
FR Document2017-01610

Federal Register, Volume 82 Issue 15 (Wednesday, January 25, 2017)
[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)]
[Notices]
[Pages 8450-8452]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01610]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79831; File No. SR-BOX-2016-58]


Self-Regulatory Organizations; BOX Options Exchange LLC; Order 
Granting Approval of Proposed Rule Change To Amend Interpretive 
Material to Rule 7150 (Price Improvement Period ``PIP'') and 
Interpretive Material to Rule 7245 (Complex Order Price Improvement 
Period ``COPIP'') To Make Permanent the Pilot Programs That Permit the 
Exchange to Have No Minimum Size Requirement for Orders Entered Into 
the PIP (``PIP Pilot Program'') and COPIP (``COPIP Pilot Program'')

January 18, 2017.

I. Introduction

    On December 9, 2016, BOX Options Exchange LLC (the ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission''), 
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to 
amend the eligibility requirements for its Price Improvement Period 
auction (``PIP'' or ``Auction'') and make permanent pilot programs for 
the PIP and Complex Order Price Improvement Period (``COPIP'') 
programs. The proposed rule change was published for comment in the 
Federal Register on December 16, 2016.\3\ The Commission received no 
comments regarding the proposal. This order approves the proposed rule 
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 79531 (December 12, 
2016), 81 FR 91227 (``Notice'').
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II. Description of the Proposal

    Pursuant to BOX Rule 7150, Options Participants executing agency 
orders (``Initiating Participants'') may designate Market Orders and 
marketable limit Customer Orders for price improvement and submission 
to the PIP (``PIP Orders'') along with a matching contra order equal to 
the full size of the PIP Order. The PIP was introduced with the launch 
of the BOX Options Exchange facility (``BOX Facility'') in 2004.\4\ The 
COPIP mechanism allows complex orders to be submitted to the COPIP in 
substantially the same manner as orders for single options series 
instruments currently are submitted to the PIP. The COPIP was 
established in January 2014.\5\
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    \4\ See Securities Exchange Act Release Nos. 49068 (January 13, 
2004), 69 FR 2775 (January 20, 2004) (SR-BSE-2003-04) (``PIP 
Approval Order'').
    \5\ See Securities Exchange Act Release No. 71148 (December 19, 
2013) 78 FR 78437 (December 26, 2013) (``COPIP Approval Order'').
---------------------------------------------------------------------------

    The PIP Pilot Program and COPIP Pilot Program (``Pilot Programs'') 
guarantee Participants the right to trade with their customer orders 
that are less than 50 contracts. The rules permitting an Initiating 
Participant to enter an agency order into the PIP and COPIP with no 
minimum size requirement were approved on a pilot basis.\6\ Any order 
entered into the PIP is guaranteed an execution at the end of the 
auction at a price at least equal to the National Best Bid and Offer 
(``NBBO'').\7\ Any order entered into the COPIP is guaranteed an 
execution at the end of the auction at a price at least equal to or 
better than the cNBBO,\8\ cBBO \9\ and BBO on the Complex Order Book 
for the Strategy at the time of commencement.\10\ Both Pilot Programs 
are scheduled to expire on January 18, 2017.\11\
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    \6\ See PIP Approval Order, supra note 4, and COPIP Approval 
Order, supra note 5.
    \7\ See BOX Rule 7150(f).
    \8\ The term ``cNBBO'' means the best net bid and offer price 
for a Complex Order Strategy based on the NBBO for the individual 
options components of such Strategy. See BOX Rule 7240(a)(3).
    \9\ The term ``cBBO'' means the best net bid and offer price for 
a Complex Order Strategy based on the BBO on the BOX Book for the 
individual options components of such Strategy. See BOX Rule 
7240(a)(1).
    \10\ See BOX Rule 7245(f).
    \11\ See Securities Exchange Act Release No. 78353 (July 18, 
2016), 81 FR 47843 (July 22, 2016) (SR-BOX-2016-32).

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[[Page 8451]]

    BOX proposes to amend the PIP and COPIP to make permanent the Pilot 
Programs that permit the Exchange to have no minimum size requirement 
for orders entered into the PIP. In addition, BOX proposes to modify 
the eligibility requirements for the PIP where the NBBO is only $0.01 
wide.

A. PIP Eligibility Requirements

    The Exchange proposes to amend the PIP eligibility requirements. 
Currently, a PIP Order may be submitted to BOX with a matching contra 
order that is equal to the full size of the PIP Order and at a price 
equal to or better than that of the NBBO at the time of the 
commencement of the PIP, at any NBBO spread. BOX proposes to amend the 
PIP to reject any Auction where the quoted NBBO spread \12\ is less 
than or equal to $0.01.\13\ While the Exchange believes that 
opportunities remain for price improvement where the NBBO spread is 
less than or equal to $0.01, the Exchange notes that the data for the 
current pilot shows small amounts of price improvement in these 
orders.\14\
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    \12\ The NBBO spread is the difference between the NBBO Bid and 
the NBBO Ask.
    \13\ All PIP Auctions where the NBBO spread is more than $0.01 
will continue to be allowed.
    \14\ See Notice, supra note 3, at 91229. During the six month 
time period, .05% of auctions where the NBBO spread was less than or 
equal to $0.01 received price improvement. See id.
---------------------------------------------------------------------------

B. PIP Pilot Program

    The Exchange has provided the Commission with a summary report 
containing Auction data for the period between January through June 
2015.\15\ BOX believes that the data gathered demonstrates there is an 
active and liquid market functioning on the Exchange outside of the 
auction mechanism.\16\ In the period between January and June 2015, 
30.5 million contracts were executed through the BOX PIP, approximately 
64% of BOX total contract volume. While during this period average 
daily contract volume traded through the PIP fell from 339,088 
contracts per day in January 2015 to 255,150 contracts per day in June 
2015, overall contract volume outside of the PIP also fell during that 
period. Additionally, with an average number of 4.0 participants in 
each auction, the data shows there is meaningful competition in PIP 
auctions for all size orders.\17\
---------------------------------------------------------------------------

    \15\ See Notice, supra note 3, at 91228. See Exhibit 3 to SR-
BOX-2016-58.
    \16\ See Notice, supra note 3, at 91229.
    \17\ See id.
---------------------------------------------------------------------------

    The Exchange believes, based on the data, that there is significant 
price improvement and significant opportunity for price improvement 
when the NBBO spread is greater than $0.01.\18\ During the period 
between January through June 2015, there was an average price 
improvement of $0.05 per contract for contracts executed through the 
PIP when BOX was at the NBBO, and $0.01 per contract for contracts 
executed through the PIP when BOX was not at the NBBO regardless of 
size.\19\
---------------------------------------------------------------------------

    \18\ See id.
    \19\ See id.
---------------------------------------------------------------------------

    The Exchange has also gathered data on the premature terminations 
in the PIP. Between January and June 2015, the number of auctions that 
terminated early was less than 0.05% of all PIP auctions.\20\
---------------------------------------------------------------------------

    \20\ See id.
---------------------------------------------------------------------------

C. COPIP Pilot Program

    With respect to the COPIP Pilot Program, the Exchange notes that 
between January through June 2015, COPIP volume accounted for 41% of 
all complex order volume on BOX.\21\ The average price improvement 
amount (when improved) was $0.11 for this same period. The average 
number of responders is higher for COPIP Orders of 50 contracts and 
under (0.23) when compared to COPIP Orders greater than 50 contracts 
(0.01). While the average numbers of responders in the COPIP is lower 
than that of the PIP, the Exchange believes that as volume in the COPIP 
increases, the overall average number of responders will also 
increase.\22\
---------------------------------------------------------------------------

    \21\ See id.
    \22\ See id.
---------------------------------------------------------------------------

    The Exchange has also gathered data on the premature terminations 
in the COPIP to determine if these could result in a COPIP Order being 
disadvantaged by the early conclusion of or COPIP. Between January and 
June 2015, the number of auctions that terminated early was less than 
0.09% of all COPIP auctions.\23\
---------------------------------------------------------------------------

    \23\ See id.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule 
change is consistent with the requirements of the Act and the rules and 
regulations thereunder applicable to a national securities exchange 
and, in particular, with Section 6(b) of the Act.\24\ In particular, 
the Commission finds that the proposed rule change is consistent with 
Section 6(b)(5) of the Act,\25\ which requires, among other things, 
that the rules of a national securities exchange be 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 regulating, clearing, settling, processing 
information with respect to, and 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 customers, issuers, brokers and dealers.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78f(b). In approving this proposed rule change, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
    \25\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    As part of its proposal, the Exchange provided summary data on 
Exhibit 3 of its filing for the period January through June 2015, which 
the Exchange and Commission both publicly posted on their respective 
Web sites. Among other things, this data is useful in assessing the 
level of price improvement in the auction, in particular for orders for 
fewer than 50 contracts; the degree of competition for order flow in 
such auctions; and a comparison of liquidity in the auctions with 
liquidity on the Exchange generally.\26\ Based on the data provided by 
the Exchange, the Commission believes that the Exchange's price 
improvement auction generally delivers a meaningful opportunity for 
price improvement to orders, including orders for fewer than 50 
contracts, when the spread in the option is $0.02 or more. At the same 
time, as the Exchange has recognized, the data do not demonstrate that 
such orders have realized significant price improvement when the NBBO 
has a bid/ask differential of $0.01.\27\ Recognizing this, the Exchange 
has proposed to amend the auction eligibility requirements to reject 
any Auction where the quoted NBBO spread is less than or equal to 
$0.01. The Exchange's proposal to modify the auction eligibility 
requirements and seek permanent approval of the Pilot Programs, as 
amended with the new provision, will, in the Commission's view, promote 
opportunities for price improvement.
---------------------------------------------------------------------------

    \26\ See Exhibit 3 to SR-BOX-2016-58.
    \27\ See Notice, supra note 3, at 91229.
---------------------------------------------------------------------------

    The Commission believes that, particularly for auctions for fewer 
than 50 contracts when the bid/ask differential is wider than $0.01, 
the data provided by the Exchange support its proposal to make the 
Pilot Programs permanent. The data demonstrate that the auction 
generally provides price improvement opportunities to simple and 
complex orders, including orders of retail customers and particularly 
when the bid/ask differential is wider than $0.01, that there is 
meaningful

[[Page 8452]]

competition for orders on the Exchange; and that there exists an active 
and liquid market functioning on the Exchange outside of the 
auction.\28\ The Commission further believes that the proposed 
revisions to the eligibility requirements for simple PIP Orders with 
respect to circumstances when the NBBO is $0.01 wide should help to 
enhance the operation of the auction by limiting its use to 
circumstances when there are more meaningful opportunities for price 
improvement, and should benefit investors and others in a manner that 
is consistent with the Act. Thus, the Commission has determined to 
approve the Exchange's proposed revisions to Rule 7150 and to approve 
the Pilot Programs, as proposed to be modified, on a permanent basis.
---------------------------------------------------------------------------

    \28\ See Exhibit 3 to SR-BOX-2016-58.
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\29\ that the proposed rule change (SR-BOX-2016-58), be and hereby 
is approved.
---------------------------------------------------------------------------

    \29\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\30\
---------------------------------------------------------------------------

    \30\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-01610 Filed 1-24-17; 8:45 am]
BILLING CODE 8011-01-P



                                                  8450                       Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices

                                                    For the Commission, by the Division of                ‘‘STAC Contracts’’) and Standard                        was published for comment in the
                                                  Trading and Markets, pursuant to delegated              Australian Financial Corporate Single                   Federal Register on December 16,
                                                  authority.56                                            Name CDS contracts (collectively,                       2016.3 The Commission received no
                                                  Eduardo A. Aleman,                                      ‘‘STAFC Contracts’’). The Commission                    comments regarding the proposal. This
                                                  Assistant Secretary.                                    finds it is appropriate to designate a                  order approves the proposed rule
                                                  [FR Doc. 2017–01613 Filed 1–24–17; 8:45 am]             longer period within which to take                      change.
                                                  BILLING CODE 8011–01–P                                  action on the proposed rule change so
                                                                                                                                                                  II. Description of the Proposal
                                                                                                          that it has sufficient time to consider
                                                                                                          ICC’s proposed rule change.                                Pursuant to BOX Rule 7150, Options
                                                  SECURITIES AND EXCHANGE                                    Accordingly, the Commission,                         Participants executing agency orders
                                                  COMMISSION                                              pursuant to Section 19(b)(2) 5 of the Act,              (‘‘Initiating Participants’’) may designate
                                                                                                          designates February 24, 2017, as the                    Market Orders and marketable limit
                                                  [Release No. 34–79821; File No. SR–ICC–
                                                  2016–014]                                               date by which the Commission should                     Customer Orders for price improvement
                                                                                                          either approve or disapprove, or                        and submission to the PIP (‘‘PIP
                                                  Self-Regulatory Organizations; ICE                      institute proceedings to determine                      Orders’’) along with a matching contra
                                                  Clear Credit LLC; Notice of                             whether to disapprove, the proposed                     order equal to the full size of the PIP
                                                  Designation of Longer Period for                        rule change (File No. SR–ICC–2016–                      Order. The PIP was introduced with the
                                                  Commission Action on Proposed Rule                      014).                                                   launch of the BOX Options Exchange
                                                  Change To Provide for the Clearance                                                                             facility (‘‘BOX Facility’’) in 2004.4 The
                                                                                                            For the Commission, by the Division of
                                                  of Additional Credit Default Swap                       Trading and Markets, pursuant to delegated              COPIP mechanism allows complex
                                                  Contracts                                               authority.6                                             orders to be submitted to the COPIP in
                                                                                                          Eduardo A. Aleman,                                      substantially the same manner as orders
                                                  January 18, 2017.                                                                                               for single options series instruments
                                                     On November 18, 2016, ICE Clear                      Assistant Secretary.
                                                                                                                                                                  currently are submitted to the PIP. The
                                                  Credit LLC (‘‘ICC’’) filed with the                     [FR Doc. 2017–01606 Filed 1–24–17; 8:45 am]
                                                                                                                                                                  COPIP was established in January
                                                  Securities and Exchange Commission                      BILLING CODE 8011–01–P
                                                                                                                                                                  2014.5
                                                  (‘‘Commission’’), pursuant to Section                                                                              The PIP Pilot Program and COPIP
                                                  19(b)(1) of the Securities Exchange Act                                                                         Pilot Program (‘‘Pilot Programs’’)
                                                  (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a               SECURITIES AND EXCHANGE                                 guarantee Participants the right to trade
                                                  proposed rule change to provide for the                 COMMISSION                                              with their customer orders that are less
                                                  clearance of additional credit default                  [Release No. 34–79831; File No. SR–BOX–                 than 50 contracts. The rules permitting
                                                  swap contracts. (File No. SR–ICC–2016–                  2016–58]                                                an Initiating Participant to enter an
                                                  014). The proposed rule change was                                                                              agency order into the PIP and COPIP
                                                  published for comment in the Federal                    Self-Regulatory Organizations; BOX                      with no minimum size requirement
                                                  Register on December 7, 2016.3 To date,                 Options Exchange LLC; Order                             were approved on a pilot basis.6 Any
                                                  the Commission has not received                         Granting Approval of Proposed Rule                      order entered into the PIP is guaranteed
                                                  comments on the proposed rule change.                   Change To Amend Interpretive Material                   an execution at the end of the auction
                                                     Section 19(b)(2) of the Act 4 provides               to Rule 7150 (Price Improvement                         at a price at least equal to the National
                                                  that within 45 days of the publication of               Period ‘‘PIP’’) and Interpretive Material               Best Bid and Offer (‘‘NBBO’’).7 Any
                                                  notice of the filing of a proposed rule                 to Rule 7245 (Complex Order Price                       order entered into the COPIP is
                                                  change, or within such longer period up                 Improvement Period ‘‘COPIP’’) To Make                   guaranteed an execution at the end of
                                                  to 90 days as the Commission may                        Permanent the Pilot Programs That                       the auction at a price at least equal to
                                                  designate if it finds such longer period                Permit the Exchange to Have No                          or better than the cNBBO,8 cBBO 9 and
                                                  to be appropriate and publishes its                     Minimum Size Requirement for Orders                     BBO on the Complex Order Book for the
                                                  reasons for so finding or as to which the               Entered Into the PIP (‘‘PIP Pilot                       Strategy at the time of
                                                  self-regulatory organization consents,                  Program’’) and COPIP (‘‘COPIP Pilot                     commencement.10 Both Pilot Programs
                                                  the Commission shall either approve the                 Program’’)                                              are scheduled to expire on January 18,
                                                  proposed rule change, disapprove the                                                                            2017.11
                                                  proposed rule change, or institute                      January 18, 2017.
                                                  proceedings to determine whether the                    I. Introduction                                            3 See Securities Exchange Act Release No. 79531

                                                  proposed rule change should be                             On December 9, 2016, BOX Options
                                                                                                                                                                  (December 12, 2016), 81 FR 91227 (‘‘Notice’’).
                                                                                                                                                                     4 See Securities Exchange Act Release Nos. 49068
                                                  disapproved. The 45th day from the                      Exchange LLC (the ‘‘Exchange’’) filed                   (January 13, 2004), 69 FR 2775 (January 20, 2004)
                                                  publication of notice of filing of this                 with the Securities and Exchange                        (SR–BSE–2003–04) (‘‘PIP Approval Order’’).
                                                  proposed rule change is January 20,                     Commission (‘‘Commission’’), pursuant                      5 See Securities Exchange Act Release No. 71148

                                                  2017.                                                   to Section 19(b)(1) of the Securities                   (December 19, 2013) 78 FR 78437 (December 26,
                                                     The Commission is extending the 45-                                                                          2013) (‘‘COPIP Approval Order’’).
                                                                                                          Exchange Act of 1934 (‘‘Act’’),1 and                       6 See PIP Approval Order, supra note 4, and
                                                  day time period for Commission action
                                                                                                          Rule 19b–4 thereunder,2 a proposed rule                 COPIP Approval Order, supra note 5.
                                                  on the proposed rule change. ICC’s
                                                                                                          change to amend the eligibility                            7 See BOX Rule 7150(f).
                                                  proposes to revise the ICC Rulebook (the
                                                                                                          requirements for its Price Improvement                     8 The term ‘‘cNBBO’’ means the best net bid and
                                                  ‘‘Rules’’) to provide for the clearance of                                                                      offer price for a Complex Order Strategy based on
                                                                                                          Period auction (‘‘PIP’’ or ‘‘Auction’’) and
                                                  Standard Australian Corporate Single                                                                            the NBBO for the individual options components of
                                                                                                          make permanent pilot programs for the                   such Strategy. See BOX Rule 7240(a)(3).
                                                  Name CDS contracts (collectively,
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          PIP and Complex Order Price                                9 The term ‘‘cBBO’’ means the best net bid and

                                                    56 17  CFR 200.30–3(a)(12).
                                                                                                          Improvement Period (‘‘COPIP’’)                          offer price for a Complex Order Strategy based on
                                                                                                          programs. The proposed rule change                      the BBO on the BOX Book for the individual
                                                    1 15  U.S.C. 78s(b)(1).                                                                                       options components of such Strategy. See BOX Rule
                                                     2 17 CFR 240.19b–4.                                                                                          7240(a)(1).
                                                     3 Securities Exchange Act Release No. 79439 (Dec.      5 15 U.S.C. 78s(b)(2).                                   10 See BOX Rule 7245(f).
                                                                                                            6 17 CFR 200.30–3(a)(31).
                                                  1, 2016), 81 FR 88291 (Dec. 7, 2016) (SR–ICC–2016–                                                                 11 See Securities Exchange Act Release No. 78353
                                                  014).                                                     1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                  (July 18, 2016), 81 FR 47843 (July 22, 2016) (SR–
                                                     4 15 U.S.C. 78s(b)(2).                                 2 17 CFR 240.19b–4.                                   BOX–2016–32).



                                             VerDate Sep<11>2014   20:29 Jan 24, 2017   Jkt 241001   PO 00000   Frm 00055   Fmt 4703    Sfmt 4703   E:\FR\FM\25JAN1.SGM   25JAN1


                                                                              Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices                                                      8451

                                                    BOX proposes to amend the PIP and                     when the NBBO spread is greater than                   rules of a national securities exchange
                                                  COPIP to make permanent the Pilot                       $0.01.18 During the period between                     be designed to prevent fraudulent and
                                                  Programs that permit the Exchange to                    January through June 2015, there was an                manipulative acts and practices, to
                                                  have no minimum size requirement for                    average price improvement of $0.05 per                 promote just and equitable principles of
                                                  orders entered into the PIP. In addition,               contract for contracts executed through                trade, to foster cooperation and
                                                  BOX proposes to modify the eligibility                  the PIP when BOX was at the NBBO,                      coordination with persons engaged in
                                                  requirements for the PIP where the                      and $0.01 per contract for contracts                   regulating, clearing, settling, processing
                                                  NBBO is only $0.01 wide.                                executed through the PIP when BOX                      information with respect to, and
                                                                                                          was not at the NBBO regardless of                      facilitating transactions in securities, to
                                                  A. PIP Eligibility Requirements
                                                                                                          size.19                                                remove impediments to and perfect the
                                                    The Exchange proposes to amend the                      The Exchange has also gathered data                  mechanism of a free and open market
                                                  PIP eligibility requirements. Currently, a              on the premature terminations in the                   and a national market system, and, in
                                                  PIP Order may be submitted to BOX                       PIP. Between January and June 2015, the                general, to protect customers, issuers,
                                                  with a matching contra order that is                    number of auctions that terminated                     brokers and dealers.
                                                  equal to the full size of the PIP Order                 early was less than 0.05% of all PIP                      As part of its proposal, the Exchange
                                                  and at a price equal to or better than that             auctions.20                                            provided summary data on Exhibit 3 of
                                                  of the NBBO at the time of the                                                                                 its filing for the period January through
                                                  commencement of the PIP, at any NBBO                    C. COPIP Pilot Program                                 June 2015, which the Exchange and
                                                  spread. BOX proposes to amend the PIP                     With respect to the COPIP Pilot                      Commission both publicly posted on
                                                  to reject any Auction where the quoted                  Program, the Exchange notes that                       their respective Web sites. Among other
                                                  NBBO spread 12 is less than or equal to                 between January through June 2015,                     things, this data is useful in assessing
                                                  $0.01.13 While the Exchange believes                    COPIP volume accounted for 41% of all                  the level of price improvement in the
                                                  that opportunities remain for price                     complex order volume on BOX.21 The                     auction, in particular for orders for
                                                  improvement where the NBBO spread is                    average price improvement amount                       fewer than 50 contracts; the degree of
                                                  less than or equal to $0.01, the Exchange               (when improved) was $0.11 for this                     competition for order flow in such
                                                  notes that the data for the current pilot               same period. The average number of                     auctions; and a comparison of liquidity
                                                  shows small amounts of price                            responders is higher for COPIP Orders                  in the auctions with liquidity on the
                                                  improvement in these orders.14                          of 50 contracts and under (0.23) when                  Exchange generally.26 Based on the data
                                                  B. PIP Pilot Program                                    compared to COPIP Orders greater than                  provided by the Exchange, the
                                                                                                          50 contracts (0.01). While the average                 Commission believes that the
                                                     The Exchange has provided the                        numbers of responders in the COPIP is                  Exchange’s price improvement auction
                                                  Commission with a summary report                        lower than that of the PIP, the Exchange               generally delivers a meaningful
                                                  containing Auction data for the period                  believes that as volume in the COPIP                   opportunity for price improvement to
                                                  between January through June 2015.15                    increases, the overall average number of               orders, including orders for fewer than
                                                  BOX believes that the data gathered                     responders will also increase.22                       50 contracts, when the spread in the
                                                  demonstrates there is an active and                       The Exchange has also gathered data                  option is $0.02 or more. At the same
                                                  liquid market functioning on the                        on the premature terminations in the                   time, as the Exchange has recognized,
                                                  Exchange outside of the auction                         COPIP to determine if these could result               the data do not demonstrate that such
                                                  mechanism.16 In the period between                      in a COPIP Order being disadvantaged                   orders have realized significant price
                                                  January and June 2015, 30.5 million                     by the early conclusion of or COPIP.                   improvement when the NBBO has a bid/
                                                  contracts were executed through the                     Between January and June 2015, the                     ask differential of $0.01.27 Recognizing
                                                  BOX PIP, approximately 64% of BOX                                                                              this, the Exchange has proposed to
                                                                                                          number of auctions that terminated
                                                  total contract volume. While during this                                                                       amend the auction eligibility
                                                                                                          early was less than 0.09% of all COPIP
                                                  period average daily contract volume                                                                           requirements to reject any Auction
                                                                                                          auctions.23
                                                  traded through the PIP fell from 339,088                                                                       where the quoted NBBO spread is less
                                                  contracts per day in January 2015 to                    III. Discussion and Commission                         than or equal to $0.01. The Exchange’s
                                                  255,150 contracts per day in June 2015,                 Findings                                               proposal to modify the auction
                                                  overall contract volume outside of the                     After careful review, the Commission                eligibility requirements and seek
                                                  PIP also fell during that period.                       finds that the proposed rule change is                 permanent approval of the Pilot
                                                  Additionally, with an average number of                 consistent with the requirements of the                Programs, as amended with the new
                                                  4.0 participants in each auction, the                   Act and the rules and regulations                      provision, will, in the Commission’s
                                                  data shows there is meaningful                          thereunder applicable to a national                    view, promote opportunities for price
                                                  competition in PIP auctions for all size                securities exchange and, in particular,                improvement.
                                                  orders.17                                               with Section 6(b) of the Act.24 In                        The Commission believes that,
                                                     The Exchange believes, based on the                                                                         particularly for auctions for fewer than
                                                                                                          particular, the Commission finds that
                                                  data, that there is significant price                                                                          50 contracts when the bid/ask
                                                                                                          the proposed rule change is consistent
                                                  improvement and significant                                                                                    differential is wider than $0.01, the data
                                                                                                          with Section 6(b)(5) of the Act,25 which
                                                  opportunity for price improvement                                                                              provided by the Exchange support its
                                                                                                          requires, among other things, that the
                                                     12 The NBBO spread is the difference between the
                                                                                                                                                                 proposal to make the Pilot Programs
                                                  NBBO Bid and the NBBO Ask.
                                                                                                            18 See id.                                           permanent. The data demonstrate that
                                                     13 All PIP Auctions where the NBBO spread is
                                                                                                            19 See id.                                           the auction generally provides price
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                                                  more than $0.01 will continue to be allowed.              20 See id.
                                                                                                                                                                 improvement opportunities to simple
                                                                                                            21 See id.
                                                     14 See Notice, supra note 3, at 91229. During the                                                           and complex orders, including orders of
                                                  six month time period, .05% of auctions where the         22 See id.
                                                                                                                                                                 retail customers and particularly when
                                                  NBBO spread was less than or equal to $0.01               23 See id.
                                                  received price improvement. See id.                       24 15 U.S.C. 78f(b). In approving this proposed
                                                                                                                                                                 the bid/ask differential is wider than
                                                     15 See Notice, supra note 3, at 91228. See Exhibit
                                                                                                          rule change, the Commission has considered the         $0.01, that there is meaningful
                                                  3 to SR–BOX–2016–58.                                    proposed rule’s impact on efficiency, competition,
                                                     16 See Notice, supra note 3, at 91229.               and capital formation. See 15 U.S.C. 78c(f).             26 See   Exhibit 3 to SR–BOX–2016–58.
                                                     17 See id.                                             25 15 U.S.C. 78f(b)(5).                                27 See   Notice, supra note 3, at 91229.



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                                                  8452                       Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices

                                                  competition for orders on the Exchange;                 was published for comment in the                       SECURITIES AND EXCHANGE
                                                  and that there exists an active and                     Federal Register on December 7, 2016.3                 COMMISSION
                                                  liquid market functioning on the                        The Commission has received one
                                                  Exchange outside of the auction.28 The                  comment letter on the proposed rule                    [Release No. 34–79841; File No. SR–
                                                  Commission further believes that the                    change.4                                               ISEMercury–2016–25]
                                                  proposed revisions to the eligibility
                                                                                                            Section 19(b)(2) of the Act 5 provides
                                                  requirements for simple PIP Orders with                                                                        Self-Regulatory Organizations; ISE
                                                  respect to circumstances when the                       that, within 45 days of the publication
                                                                                                                                                                 Mercury LLC; Order Granting Approval
                                                  NBBO is $0.01 wide should help to                       of notice of the filing of a proposed rule
                                                                                                                                                                 of Proposed Rule Change To Amend
                                                  enhance the operation of the auction by                 change, or within such longer period up
                                                                                                                                                                 ISE Mercury Rule 723 and To Make
                                                  limiting its use to circumstances when                  to 90 days as the Commission may
                                                                                                                                                                 Pilot Program Permanent
                                                  there are more meaningful opportunities                 designate if it finds such longer period
                                                  for price improvement, and should                       to be appropriate and publishes its                    January 18, 2017.
                                                  benefit investors and others in a manner                reasons for so finding or as to which the
                                                                                                                                                                 I. Introduction
                                                  that is consistent with the Act. Thus, the              self-regulatory organization consents,
                                                  Commission has determined to approve                    the Commission shall either approve the                   On December 12, 2016, ISE Mercury,
                                                  the Exchange’s proposed revisions to                    proposed rule change, disapprove the                   LLC (the ‘‘Exchange’’ or ‘‘ISE Mercury’’)
                                                  Rule 7150 and to approve the Pilot                      proposed rule change, or institute                     filed with the Securities and Exchange
                                                  Programs, as proposed to be modified,                   proceedings to determine whether the                   Commission (‘‘Commission’’), pursuant
                                                  on a permanent basis.                                   proposed rule change should be                         to Section 19(b)(1) of the Securities
                                                                                                          disapproved. The 45th day after                        Exchange Act of 1934 (‘‘Act’’) 1, and
                                                  IV. Conclusion
                                                                                                          publication of the notice for this                     Rule 19b–4 thereunder,2 a proposed rule
                                                    It is therefore ordered, pursuant to                  proposed rule change is January 21,                    change to amend the eligibility
                                                  Section 19(b)(2) of the Act,29 that the                 2017. The Commission is extending this                 requirements for its Price Improvement
                                                  proposed rule change (SR–BOX–2016–                      45-day time period.                                    Mechanism (‘‘PIM’’ or ‘‘Auction’’) and
                                                  58), be and hereby is approved.                                                                                make permanent those aspects of the
                                                                                                            The Commission finds that it is                      PIM that are currently operating on a
                                                    For the Commission, by the Division of
                                                  Trading and Markets, pursuant to delegated              appropriate to designate a longer period               pilot basis. The proposed rule change
                                                  authority.30                                            within which to take action on the                     was published for comment in the
                                                  Eduardo A. Aleman,                                      proposed rule change so that it has                    Federal Register on December 19,
                                                  Assistant Secretary.                                    sufficient time to consider the proposed               2016.3 The Commission received no
                                                  [FR Doc. 2017–01610 Filed 1–24–17; 8:45 am]             rule change. Accordingly, the                          comments regarding the proposal. This
                                                  BILLING CODE 8011–01–P
                                                                                                          Commission, pursuant to Section                        order approves the proposed rule
                                                                                                          19(b)(2) of the Act,6 designates March 7,              change.
                                                                                                          2017, as the date by which the
                                                                                                          Commission shall either approve or                     II. Description of the Proposal
                                                  SECURITIES AND EXCHANGE
                                                  COMMISSION                                              disapprove or institute proceedings to                    The Exchange adopted PIM as part of
                                                  [Release No. 34–79839; File No. SR–
                                                                                                          determine whether to disapprove the                    its application to be registered as a
                                                  BatsBZX–2016–80]                                        proposed rule change (File Number SR–                  national securities exchange.4 Pursuant
                                                                                                          BatsBZX–2016–80).                                      to ISE Mercury Rule 723, an Electronic
                                                  Self-Regulatory Organizations; Bats                       For the Commission, by the Division of               Access Member (‘‘EAM’’) may
                                                  BZX Exchange, Inc.; Notice of                           Trading and Markets, pursuant to delegated             electronically submit for execution an
                                                  Designation of a Longer Period for                      authority.7                                            order it represents as agent (‘‘Agency
                                                  Commission Action on Proposed Rule                                                                             Order’’) against principal interest or
                                                                                                          Eduardo A. Aleman,
                                                  Changes to BZX Rule 14.11, Other                                                                               against a solicited order for the full size
                                                  Securities, and BZX Rule 14.12, Failure                 Assistant Secretary.
                                                                                                                                                                 of the Agency Order, provided it
                                                  To Meet Listing Standards                               [FR Doc. 2017–01617 Filed 1–24–17; 8:45 am]
                                                                                                                                                                 submits the Agency Order for electronic
                                                  January 18, 2017.
                                                                                                          BILLING CODE 8011–01–P                                 execution into the PIM (a ‘‘Crossing
                                                                                                                                                                 Transaction’’). Parts of the PIM are
                                                     On November 18, 2016, Bats BZX
                                                                                                                                                                 currently operating on a pilot basis
                                                  Exchange, Inc. (‘‘BZX’’) filed with the
                                                                                                                                                                 (‘‘Pilot’’),5 which is set to expire on
                                                  Securities and Exchange Commission
                                                  (‘‘Commission’’), pursuant to Section                                                                          January 18, 2017.6 The Exchange
                                                  19(b)(1) of the Securities Exchange Act                                                                        proposes to make the Pilot permanent,
                                                  of 1934 (‘‘Act’’) 1 and Rule 19b–4                                                                             and also proposes to amend the Auction
                                                                                                                                                                 eligibility requirements for certain
                                                  thereunder,2 a proposed rule change to,
                                                  among other things: (1) Amend the
                                                                                                                                                                   1 15  U.S.C. 78s(b)(1).
                                                  listing rules relating to exchange-traded                                                                        2 17  CFR 240.19b–4.
                                                  products in BZX Rule 14.11 to add                                                                                 3 See Securities Exchange Act Release No. 79539
                                                  additional continued listing standards;                                                                        (December 13, 2016), 81 FR 91982 (‘‘Notice’’).
                                                  and (2) incorporate certain changes to                                                                            4 See Securities Exchange Act Release No. 76998
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                                                  BZX Rule 14.12 (Failure to Meet Listing                   3 See Securities Exchange Act Release No. 79450      (January 29, 2016), 81 FR 6066 (February 4, 2016)
                                                  Standards). The proposed rule change                    (December 1, 2016), 81 FR 88284.                       (File No. 10–221) (‘‘Exchange Approval Order’’).
                                                                                                            4 See letter from David W. Blass, General Counsel,      5 Two components of PIM were approved by the

                                                    28 See                                                Investment Company Institute, to Brent J. Fields,      Commission on a pilot basis: (1) The early
                                                           Exhibit 3 to SR–BOX–2016–58.                                                                          conclusion of the PIM; and (2) no minimum size
                                                    29 15 U.S.C. 78s(b)(2).                               Secretary, Commission, dated January 12, 2017.
                                                                                                                                                                 requirement of orders.
                                                    30 17 CFR 200.30–3(a)(12).                              5 15 U.S.C. 78s(b)(2).
                                                                                                                                                                    6 See Securities Exchange Act Release No. 78342
                                                    1 15 U.S.C. 78s(b)(1).                                  6 Id.
                                                                                                                                                                 (July 15, 2016), 81 FR 47481 (July 21, 2016) (SR–
                                                    2 17 CFR 240.19b–4.                                     7 17 CFR 200.30–3(a)(31).                            ISEMercury–2016–13) (‘‘PIM July 2016 Extension’’).



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Document Created: 2017-01-25 00:08:56
Document Modified: 2017-01-25 00:08:56
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 8450 

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