83_FR_11331 83 FR 11281 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 7600(c) To State That the Qualified Open Outcry (“QOO”) Order is Subject to the Trade-Through Exceptions Outlined in Rule 15010(b)

83 FR 11281 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 7600(c) To State That the Qualified Open Outcry (“QOO”) Order is Subject to the Trade-Through Exceptions Outlined in Rule 15010(b)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 50 (March 14, 2018)

Page Range11281-11283
FR Document2018-05162

Federal Register, Volume 83 Issue 50 (Wednesday, March 14, 2018)
[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Pages 11281-11283]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05162]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82845; File No. SR-BOX-2018-08]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Amend Rule 7600(c) To State That the Qualified Open Outcry (``QOO'') 
Order is Subject to the Trade-Through Exceptions Outlined in Rule 
15010(b)

March 9, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on February 27, 2018, 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 
change 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 7600(c) to state that the 
Qualified Open Outcry (``QOO'') Order is subject to the trade-through 
exceptions outlined in Rule 15010(b). 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 
website at http://boxoptions.com.

[[Page 11282]]

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 purpose of the proposed rule change is to amend Rule 7600(c) to 
state that the Qualified Open Outcry (``QOO'') Order is subject to the 
trade-through exceptions in Rule 15010(b).\3\
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    \3\ The Exchange notes that, in practice, QOO Orders will rely 
on the exceptions detailed in Rule 15010(b)(4) and (7). Under BOX 
Rule 15010(b)(4), an exception to trade-through liability exists if 
the transaction that constitutes the Trade-Through is the execution 
of an order identified as an Intermarket Sweep Order (``ISO''), or 
the transaction that constitutes the Trade-Through is effected by 
BOX while simultaneously routing an ISO to execute against the full 
displayed size of any better-priced Protected Bid or Offer. Under 
BOX Rule 15010(b)(7), another exception to Trade-Through liability 
exists if the transaction that constituted the Trade-Through was 
effected as a portion of a Complex Trade. This may happen if the 
Participant has a Stock Option Complex Order. Because BOX does not 
trade equities, the Participant would direct that portion of the 
order to another exchange and execute the option portion on BOX.
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    Currently, BOX Participants must comply with Exchange rules and the 
terms of the Options Order Protection and Locked/Crossed Market Plan 
(``Linkage Plan'') by honoring any better-priced Protected Quotes.\4\ 
The Linkage Plan, as codified in BOX Rule 15000 Series, provides that 
Participants shall not effect trade-throughs of a Protected Bid or 
Offer (collectively, a ``Protected Quote''), except pursuant to an 
applicable exceptions that are outlined in Sections(b)(1) through (10) 
of Rule 15010. A Protected Quote is defined as a bid or offer in an 
options series that (1) is disseminated pursuant to the OPRA Plan and 
(2) is the best bid or offer, respectively, displayed by an eligible 
exchange.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 54551 (September 29, 
2006), 71 FR 59148 (October 6, 2006) (Order Approving NMS Linkage 
Plan).
---------------------------------------------------------------------------

    The Exchange notes that it recently adopted rules for an open 
outcry Trading Floor.\5\ These rules included a statement in Rule 
7600(c) that both sides of the QOO Order must execute at a price equal 
to or better than the NBBO. The Exchange now proposes to add language 
to explain that this statement does not apply if the execution of the 
QOO Order is using one of the exceptions outlined in Rule 15010(b). 
Specifically, the Exchange proposes to state that ``when a Floor Broker 
executes the QOO Order, the execution price must be equal to or better 
than the NBBO, subject to the exceptions in Rule 15010(b).''
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    \5\ See Securities Exchange Act Release No. 81292 (August 2, 
2017), 82 FR 37144 (August 8, 2017)(Order Approving SR-BOX-2016-48 
as modified by Amendment Nos. 1 and 2).
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    Specifically, pursuant to Rule 15010(b)(4), a QOO Order with an ISO 
designation will be submitted to the Trading Host in the same manner as 
any other QOO Order.\6\ Without an ISO designation, a QOO Order priced 
worse than the NBBO would be rejected. The Exchange notes that the 
Floor Broker is the individual who marks the QOO Order with an ISO 
designation and is responsible for taking out all better-priced 
Protected Bids at away exchanges.\7\
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    \6\ The Exchange notes that the QOO Order with the ISO 
designation will be treated in the same manner as any other QOO 
Order on the Trading Floor. The ISO designation simply identifies 
that the QOO Order has an ISO designation and must no longer execute 
at a price equal to or better than the NBBO.
    \7\ The Exchange notes that this is identical to the process for 
electronic orders.
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    Upon identifying the QOO Order as an ISO, the system will execute 
the order, regardless of the NBBO.\8\ A Floor Broker must ensure that 
the routing of any outbound ISOs in connection with an execution of a 
QOO Order on the Trading Floor occur as contemporaneously as possible.
---------------------------------------------------------------------------

    \8\ The Exchange notes that the ISO designation does not allow 
the QOO Order to ignore interest on the BOX Book.
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    For example, assume the following at the time the QOO Order is 
submitted to the BOX trading host:

NBBO: .97-1.00
Cboe: .97-1.00 \9\
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    \9\ Assume the away markets are all bidding for 10 contracts.
---------------------------------------------------------------------------

Phlx: .97-1.02
Nasdaq ISE: .97-1.03
All other Exchanges: .95-1.05

    A QOO Order with an ISO designation is submitted to the Trading 
Host to sell 100 at .96. The QOO Order will execute regardless of the 
NBBO. Contemporaneously, the Floor Broker must take out all better-
priced Protected Bids. The Floor Broker would send the following orders 
to each exchange displaying a better-priced Protected Quote, for the 
full size of the Protected Quote, contemporaneous with the execution of 
the QOO Order on BOX:

Sell [email protected] Cboe
[email protected] Phlx
Sell [email protected] Nasdaq ISE

    The Exchange notes that other options exchanges with open outcry 
trading floors have made this distinction in the past in their 
respective Regulatory Circulars.\10\ The Exchange also notes that Arca 
and Cboe do not reference these exceptions in their trading floor 
rules. Further, the Exchange believes that referencing these exceptions 
in the BOX Trading Floor rules will provide clarity and transparency to 
BOX Participants.
---------------------------------------------------------------------------

    \10\ See NYSE Arca (``Arca'') Options RB-16-04 available at 
https://www.nyse.com/publicdocs/nyse/markets/arca-options/rule-interpretations/2016/NYSE%20Arca%20Options%20RB%2016-04.pdf, see 
also Chicago Board Options Exchange, Incorporated (``Cboe'') 
Regulatory Circular RG09-117 available at https://www.cboe.org/publish/regcir/rg09-117.pdf. The Exchange notes that it recently 
issued a Regulatory Circular reminding BOX Participants of the rules 
that must be followed when trading in open out-cry on the BOX 
Trading Floor. See BOX Regulatory Circular RC-2017-17 available at 
https://boxoptions.com/assets/RC-2017-17-Order-Protection-Rules-in-Open-Outcry-Trading.pdf.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of Section 6(b) of the Act,\11\ in general, and Section 
6(b)(5) of the Act,\12\ in particular, in that the proposed change is 
designed to promote just and equitable principles of trade, remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system, and, in general protect investors and the 
public interest.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that stating that both sides of the QOO Order 
must execute at a price equal to or better than the NBBO subject to the 
exceptions in Rule 15010(b) is reasonable because it will provide 
Participants with more clarity and transparency with regard to the 
Trading Floor rules; specifically, rules surrounding QOO Orders on the 
Trading Floor and their relationship with the Linkage Plan. Further, 
the Exchange believes that the proposed change is appropriate as other 
exchanges have made this clarification in their respective circulars.

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

    As discussed above, the Exchange notes that the proposed rule 
change is simply amending Rule 7600(c) to state

[[Page 11283]]

that the exceptions detailed in Rule 15010(b) apply to Trading Floor 
transactions. As mentioned above, other options exchanges with open 
out-cry trading floors have issued Regulatory Circulars addressing the 
Linkage Plan and how it relates to their respective trading floor 
rules. As such, the Exchange does not believe that the proposed rule 
change will impose any burden on competition not necessary or 
appropriate in furtherance of the purposes of the Act.

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

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

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, the proposed rule 
change has become effective pursuant to Section 19(b)(3)(A) of the Act 
\13\ and Rule 19b-4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
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. The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \15\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \16\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. The Exchange 
notes that waiver of the operative delay would allow it to implement 
the proposal immediately and eliminate the potential for confusion with 
regard to QOO Orders on the Trading Floor and their relationship to the 
Linkage Plan. The Commission believes that waiving the 30-day operative 
delay is consistent with the protection of investors and the public 
interest because the proposed rule change is designed to provide 
clarity and transparency to BOX Participants with regard to QOO Orders 
on the Trading Floor and their relationship to the Linkage Plan. The 
Commission also notes that the proposed rule change is consistent with 
the practices of other options exchanges, which are set forth in 
regulatory circulars.\17\ Accordingly, the Commission hereby waives the 
operative delay and designates the proposal operative upon filing.\18\
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ See supra note 10.
    \18\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    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 [email protected]. Please include 
File Number SR-BOX-2018-08 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-BOX-2018-08. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (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 website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the 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-2018-08 and should be submitted on 
or before April 4, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-05162 Filed 3-13-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices                                                 11281

                                               to list options on an underlying                             At any time within 60 days of the                 personal identifying information from
                                               security, and is intended to bring new                    filing of the proposed rule change, the              comment submissions. You should
                                               options listings to the marketplace                       Commission summarily may                             submit only information that you wish
                                               quicker.                                                  temporarily suspend such rule change if              to make available publicly. All
                                                                                                         it appears to the Commission that such               submissions should refer to File
                                               C. Self-Regulatory Organization’s
                                                                                                         action is necessary or appropriate in the            Number SR–MIAX–2018–06, and
                                               Statement on Comments on the
                                                                                                         public interest, for the protection of               should be submitted on or before April
                                               Proposed Rule Change Received From
                                                                                                         investors, or otherwise in furtherance of            4, 2018.
                                               Members, Participants, or Others
                                                                                                         the purposes of the Act. If the
                                                 Written comments were neither                           Commission takes such action, the                      For the Commission, by the Division of
                                               solicited nor received.                                   Commission shall institute proceedings               Trading and Markets, pursuant to delegated
                                                                                                         to determine whether the proposed rule               authority.35
                                               III. Date of Effectiveness of the
                                                                                                         should be approved or disapproved.                   Eduardo A. Aleman,
                                               Proposed Rule Change and Timing for
                                               Commission Action                                                                                              Assistant Secretary.
                                                                                                         IV. Solicitation of Comments
                                                                                                                                                              [FR Doc. 2018–05074 Filed 3–13–18; 8:45 am]
                                                  Because the proposed rule change                         Interested persons are invited to
                                                                                                                                                              BILLING CODE 8011–01–P
                                               does not (i) significantly affect the                     submit written data, views, and
                                               protection of investors or the public                     arguments concerning the foregoing,
                                               interest; (ii) impose any significant                     including whether the proposed rule
                                               burden on competition; and (iii) become                                                                        SECURITIES AND EXCHANGE
                                                                                                         change is consistent with the Act.
                                               operative for 30 days from the date on                                                                         COMMISSION
                                                                                                         Comments may be submitted by any of
                                               which it was filed, or such shorter time                  the following methods:
                                               as the Commission may designate if                                                                             [Release No. 34–82845; File No. SR–BOX–
                                               consistent with the protection of                         Electronic Comments                                  2018–08]
                                               investors and the public interest, the                      • Use the Commission’s internet
                                               proposed rule change has become                           comment form (http://www.sec.gov/                    Self-Regulatory Organizations; BOX
                                               effective pursuant to Section 19(b)(3)(A)                 rules/sro.shtml); or                                 Options Exchange LLC; Notice of
                                               of the Act 30 and Rule 19b–4(f)(6)                          • Send an email to rule-comments@                  Filing and Immediate Effectiveness of
                                               thereunder.31                                             sec.gov. Please include File Number SR–              a Proposed Rule Change To Amend
                                                  A proposed rule change filed under                     MIAX–2018–06 on the subject line.                    Rule 7600(c) To State That the
                                               Rule 19b–4(f)(6) 32 normally does not                                                                          Qualified Open Outcry (‘‘QOO’’) Order
                                                                                                         Paper Comments
                                               become operative for 30 days after the                                                                         is Subject to the Trade-Through
                                               date of filing. However, pursuant to                         • Send paper comments in triplicate               Exceptions Outlined in Rule 15010(b)
                                               Rule 19b–4(f)(6)(iii),33 the Commission                   to Secretary, Securities and Exchange
                                               may designate a shorter time if such                      Commission, 100 F Street NE,                         March 9, 2018.
                                               action is consistent with the protection                  Washington, DC 20549–1090.                              Pursuant to Section 19(b)(1) of the
                                               of investors and the public interest. The                 All submissions should refer to File                 Securities Exchange Act of 1934
                                               Exchange has asked the Commission to                      Number SR–MIAX–2018–06. This file                    (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               waive the 30-day operative delay so that                  number should be included on the                     notice is hereby given that on February
                                               the proposal may become operative                         subject line if email is used. To help the           27, 2018, BOX Options Exchange LLC
                                               upon filing. The Commission believes                      Commission process and review your                   (the ‘‘Exchange’’) filed with the
                                               that waiving the 30-day operative delay                   comments more efficiently, please use                Securities and Exchange Commission
                                               is consistent with the protection of                      only one method. The Commission will                 (‘‘Commission’’) the proposed rule
                                               investors and the public interest as it                   post all comments on the Commission’s
                                                                                                                                                              change as described in Items I and II
                                               will allow the Exchange to modify the                     internet website (http://www.sec.gov/
                                                                                                                                                              below, which Items have been prepared
                                               criteria for listing an option on an                      rules/sro.shtml). Copies of the
                                               underlying covered security to align                                                                           by the self-regulatory organization. The
                                                                                                         submission, all subsequent
                                               with the criteria of other options                                                                             Commission is publishing this notice to
                                                                                                         amendments, all written statements
                                               exchanges, and the Exchange’s proposal                                                                         solicit comments on the proposed rule
                                                                                                         with respect to the proposed rule
                                               does not raise new issues. Accordingly,                   change that are filed with the                       change from interested persons.
                                               the Commission hereby waives the 30-                      Commission, and all written                          I. Self-Regulatory Organization’s
                                               day operative delay requirement and                       communications relating to the                       Statement of the Terms of Substance of
                                               designates the proposed rule change as                    proposed rule change between the                     the Proposed Rule Change
                                               operative upon filing.34                                  Commission and any person, other than
                                                                                                         those that may be withheld from the                    The Exchange proposes to amend
                                                 30 15  U.S.C. 78s(b)(3)(A).                             public in accordance with the                        Rule 7600(c) to state that the Qualified
                                                  31 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                         provisions of 5 U.S.C. 552, will be                  Open Outcry (‘‘QOO’’) Order is subject
                                               4(f)(6)(iii) requires the Exchange to give the
                                               Commission written notice of the Exchange’s intent        available for website viewing and                    to the trade-through exceptions outlined
                                               to file the proposed rule change, along with a brief      printing in the Commission’s Public                  in Rule 15010(b). The text of the
                                               description and text of the proposed rule change,         Reference Room, 100 F Street NE,                     proposed rule change is available from
                                               at least five business days prior to the date of filing   Washington, DC 20549, on official                    the principal office of the Exchange, at
                                               of the proposed rule change, or such shorter time
                                               as designated by the Commission. The Exchange             business days between the hours of                   the Commission’s Public Reference
daltland on DSKBBV9HB2PROD with NOTICES




                                               has satisfied this requirement.                           10:00 a.m. and 3:00 p.m. Copies of the               Room and also on the Exchange’s
                                                  32 17 CFR 240.19b–4(f)(6).                             filing also will be available for                    internet website at http://
                                                  33 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                         inspection and copying at the principal              boxoptions.com.
                                                  34 For purposes only of waiving the 30-day
                                                                                                         office of the Exchange. All comments
                                               operative delay, the Commission has also
                                               considered the proposed rule’s impact on
                                                                                                         received will be posted without change.                35 17 CFR 200.30–3(a)(12).
                                               efficiency, competition, and capital formation. See       Persons submitting comments are                        1 15 U.S.C. 78s(b)(1).
                                               15 U.S.C. 78c(f).                                         cautioned that we do not redact or edit                2 17 CFR 240.19b–4.




                                          VerDate Sep<11>2014    18:17 Mar 13, 2018   Jkt 244001   PO 00000   Frm 00114   Fmt 4703   Sfmt 4703   E:\FR\FM\14MRN1.SGM    14MRN1


                                               11282                         Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices

                                               II. Self-Regulatory Organization’s                         Trading Floor.5 These rules included a                 displaying a better-priced Protected
                                               Statement of the Purpose of, and                           statement in Rule 7600(c) that both                    Quote, for the full size of the Protected
                                               Statutory Basis for, the Proposed Rule                     sides of the QOO Order must execute at                 Quote, contemporaneous with the
                                               Change                                                     a price equal to or better than the NBBO.              execution of the QOO Order on BOX:
                                                                                                          The Exchange now proposes to add                       Sell 10@.97 Cboe
                                                 In its filing with the Commission, the
                                                                                                          language to explain that this statement                Sell10@.97 Phlx
                                               self-regulatory organization included                                                                             Sell 10@.97 Nasdaq ISE
                                                                                                          does not apply if the execution of the
                                               statements concerning the purpose of,
                                                                                                          QOO Order is using one of the                             The Exchange notes that other options
                                               and basis for, the proposed rule change
                                                                                                          exceptions outlined in Rule 15010(b).                  exchanges with open outcry trading
                                               and discussed any comments it received
                                                                                                          Specifically, the Exchange proposes to                 floors have made this distinction in the
                                               on the proposed rule change. The text
                                                                                                          state that ‘‘when a Floor Broker executes              past in their respective Regulatory
                                               of these statements may be examined at
                                                                                                          the QOO Order, the execution price                     Circulars.10 The Exchange also notes
                                               the places specified in Item IV below.
                                                                                                          must be equal to or better than the                    that Arca and Cboe do not reference
                                               The self-regulatory organization has
                                                                                                          NBBO, subject to the exceptions in Rule                these exceptions in their trading floor
                                               prepared summaries, set forth in
                                                                                                          15010(b).’’                                            rules. Further, the Exchange believes
                                               Sections A, B, and C below, of the most
                                                                                                            Specifically, pursuant to Rule                       that referencing these exceptions in the
                                               significant aspects of such statements.
                                                                                                          15010(b)(4), a QOO Order with an ISO                   BOX Trading Floor rules will provide
                                               A. Self-Regulatory Organization’s                          designation will be submitted to the                   clarity and transparency to BOX
                                               Statement of the Purpose of, and                           Trading Host in the same manner as any                 Participants.
                                               Statutory Basis for, the Proposed Rule                     other QOO Order.6 Without an ISO                       2. Statutory Basis
                                               Change                                                     designation, a QOO Order priced worse
                                                                                                          than the NBBO would be rejected. The                      The Exchange believes that the
                                               1. Purpose                                                                                                        proposal is consistent with the
                                                                                                          Exchange notes that the Floor Broker is
                                                  The purpose of the proposed rule                        the individual who marks the QOO                       requirements of Section 6(b) of the
                                               change is to amend Rule 7600(c) to state                   Order with an ISO designation and is                   Act,11 in general, and Section 6(b)(5) of
                                               that the Qualified Open Outcry                             responsible for taking out all better-                 the Act,12 in particular, in that the
                                               (‘‘QOO’’) Order is subject to the trade-                   priced Protected Bids at away                          proposed change is designed to promote
                                               through exceptions in Rule 15010(b).3                      exchanges.7                                            just and equitable principles of trade,
                                                  Currently, BOX Participants must                          Upon identifying the QOO Order as                    remove impediments to and perfect the
                                               comply with Exchange rules and the                         an ISO, the system will execute the                    mechanism of a free and open market
                                               terms of the Options Order Protection                      order, regardless of the NBBO.8 A Floor                and a national market system, and, in
                                                                                                          Broker must ensure that the routing of                 general protect investors and the public
                                               and Locked/Crossed Market Plan
                                                                                                          any outbound ISOs in connection with                   interest.
                                               (‘‘Linkage Plan’’) by honoring any
                                                                                                          an execution of a QOO Order on the                        The Exchange believes that stating
                                               better-priced Protected Quotes.4 The                                                                              that both sides of the QOO Order must
                                               Linkage Plan, as codified in BOX Rule                      Trading Floor occur as
                                                                                                          contemporaneously as possible.                         execute at a price equal to or better than
                                               15000 Series, provides that Participants                                                                          the NBBO subject to the exceptions in
                                               shall not effect trade-throughs of a                         For example, assume the following at
                                                                                                          the time the QOO Order is submitted to                 Rule 15010(b) is reasonable because it
                                               Protected Bid or Offer (collectively, a                                                                           will provide Participants with more
                                               ‘‘Protected Quote’’), except pursuant to                   the BOX trading host:
                                                                                                                                                                 clarity and transparency with regard to
                                               an applicable exceptions that are                          NBBO: .97–1.00                                         the Trading Floor rules; specifically,
                                               outlined in Sections(b)(1) through (10)                    Cboe: .97–1.00 9                                       rules surrounding QOO Orders on the
                                               of Rule 15010. A Protected Quote is                        Phlx: .97–1.02                                         Trading Floor and their relationship
                                               defined as a bid or offer in an options                    Nasdaq ISE: .97–1.03                                   with the Linkage Plan. Further, the
                                               series that (1) is disseminated pursuant                   All other Exchanges: .95–1.05                          Exchange believes that the proposed
                                               to the OPRA Plan and (2) is the best bid                     A QOO Order with an ISO                              change is appropriate as other
                                               or offer, respectively, displayed by an                    designation is submitted to the Trading                exchanges have made this clarification
                                               eligible exchange.                                         Host to sell 100 at .96. The QOO Order                 in their respective circulars.
                                                  The Exchange notes that it recently                     will execute regardless of the NBBO.
                                               adopted rules for an open outcry                           Contemporaneously, the Floor Broker                    B. Self-Regulatory Organization’s
                                                                                                          must take out all better-priced Protected              Statement on Burden on Competition
                                                  3 The Exchange notes that, in practice, QOO             Bids. The Floor Broker would send the                    As discussed above, the Exchange
                                               Orders will rely on the exceptions detailed in Rule        following orders to each exchange                      notes that the proposed rule change is
                                               15010(b)(4) and (7). Under BOX Rule 15010(b)(4),
                                               an exception to trade-through liability exists if the
                                                                                                                                                                 simply amending Rule 7600(c) to state
                                                                                                            5 See Securities Exchange Act Release No. 81292
                                               transaction that constitutes the Trade-Through is
                                               the execution of an order identified as an                 (August 2, 2017), 82 FR 37144 (August 8,                 10 See NYSE Arca (‘‘Arca’’) Options RB–16–04

                                               Intermarket Sweep Order (‘‘ISO’’), or the transaction      2017)(Order Approving SR–BOX–2016–48 as                available at https://www.nyse.com/publicdocs/nyse/
                                               that constitutes the Trade-Through is effected by          modified by Amendment Nos. 1 and 2).                   markets/arca-options/rule-interpretations/2016/
                                                                                                            6 The Exchange notes that the QOO Order with
                                               BOX while simultaneously routing an ISO to                                                                        NYSE%20Arca%20Options%20RB%2016-04.pdf,
                                               execute against the full displayed size of any better-     the ISO designation will be treated in the same        see also Chicago Board Options Exchange,
                                               priced Protected Bid or Offer. Under BOX Rule              manner as any other QOO Order on the Trading           Incorporated (‘‘Cboe’’) Regulatory Circular RG09–
                                               15010(b)(7), another exception to Trade-Through            Floor. The ISO designation simply identifies that      117 available at https://www.cboe.org/publish/
                                               liability exists if the transaction that constituted the   the QOO Order has an ISO designation and must          regcir/rg09-117.pdf. The Exchange notes that it
                                                                                                          no longer execute at a price equal to or better than
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                                               Trade-Through was effected as a portion of a                                                                      recently issued a Regulatory Circular reminding
                                               Complex Trade. This may happen if the Participant          the NBBO.                                              BOX Participants of the rules that must be followed
                                                                                                            7 The Exchange notes that this is identical to the   when trading in open out-cry on the BOX Trading
                                               has a Stock Option Complex Order. Because BOX
                                               does not trade equities, the Participant would direct      process for electronic orders.                         Floor. See BOX Regulatory Circular RC–2017–17
                                               that portion of the order to another exchange and            8 The Exchange notes that the ISO designation        available at https://boxoptions.com/assets/RC-2017-
                                               execute the option portion on BOX.                         does not allow the QOO Order to ignore interest on     17-Order-Protection-Rules-in-Open-Outcry-
                                                  4 See Securities Exchange Act Release No. 54551         the BOX Book.                                          Trading.pdf.
                                                                                                                                                                   11 15 U.S.C. 78f(b).
                                               (September 29, 2006), 71 FR 59148 (October 6,                9 Assume the away markets are all bidding for 10

                                               2006) (Order Approving NMS Linkage Plan).                  contracts.                                               12 15 U.S.C. 78f(b)(5).




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                                                                             Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices                                                  11283

                                               that the exceptions detailed in Rule                      with the protection of investors and the              amendments, all written statements
                                               15010(b) apply to Trading Floor                           public interest because the proposed                  with respect to the proposed rule
                                               transactions. As mentioned above, other                   rule change is designed to provide                    change that are filed with the
                                               options exchanges with open out-cry                       clarity and transparency to BOX                       Commission, and all written
                                               trading floors have issued Regulatory                     Participants with regard to QOO Orders                communications relating to the
                                               Circulars addressing the Linkage Plan                     on the Trading Floor and their                        proposed rule change between the
                                               and how it relates to their respective                    relationship to the Linkage Plan. The                 Commission and any person, other than
                                               trading floor rules. As such, the                         Commission also notes that the                        those that may be withheld from the
                                               Exchange does not believe that the                        proposed rule change is consistent with               public in accordance with the
                                               proposed rule change will impose any                      the practices of other options exchanges,             provisions of 5 U.S.C. 552, will be
                                               burden on competition not necessary or                    which are set forth in regulatory                     available for website viewing and
                                               appropriate in furtherance of the                         circulars.17 Accordingly, the                         printing in the Commission’s Public
                                               purposes of the Act.                                      Commission hereby waives the                          Reference Room, 100 F Street NE,
                                                                                                         operative delay and designates the                    Washington, DC 20549, on official
                                               C. Self-Regulatory Organization’s
                                                                                                         proposal operative upon filing.18                     business days between the hours of
                                               Statement on Comments on the                                 At any time within 60 days of the                  10:00 a.m. and 3:00 p.m. Copies of the
                                               Proposed Rule Change Received From                        filing of the proposed rule change, the               filing also will be available for
                                               Members, Participants, or Others                          Commission summarily may                              inspection and copying at the principal
                                                 The Exchange has neither solicited                      temporarily suspend such rule change if               office of the Exchange. All comments
                                               nor received comments on the proposed                     it appears to the Commission that such                received will be posted without change.
                                               rule change.                                              action is necessary or appropriate in the             Persons submitting comments are
                                               III. Date of Effectiveness of the                         public interest, for the protection of                cautioned that we do not redact or edit
                                               Proposed Rule Change and Timing for                       investors, or otherwise in furtherance of             personal identifying information from
                                               Commission Action                                         the purposes of the Act. If the                       comment submissions. You should
                                                                                                         Commission takes such action, the                     submit only information that you wish
                                                  Because the foregoing proposed rule                    Commission shall institute proceedings                to make available publicly. All
                                               change does not: (i) Significantly affect                 to determine whether the proposed rule                submissions should refer to File
                                               the protection of investors or the public                 change should be approved or                          Number SR–BOX–2018–08 and should
                                               interest; (ii) impose any significant                     disapproved.                                          be submitted on or before April 4, 2018.
                                               burden on competition; and (iii) become
                                               operative for 30 days from the date on                    IV. Solicitation of Comments                            For the Commission, by the Division of
                                                                                                                                                               Trading and Markets, pursuant to delegated
                                               which it was filed, or such shorter time                    Interested persons are invited to                   authority.19
                                               as the Commission may designate, the                      submit written data, views and                        Eduardo A. Aleman,
                                               proposed rule change has become                           arguments concerning the foregoing,                   Assistant Secretary.
                                               effective pursuant to Section 19(b)(3)(A)                 including whether the proposed rule
                                               of the Act 13 and Rule 19b–4(f)(6)                                                                              [FR Doc. 2018–05162 Filed 3–13–18; 8:45 am]
                                                                                                         change is consistent with the Act.
                                               thereunder.14                                             Comments may be submitted by any of                   BILLING CODE 8011–01–P
                                                  A proposed rule change filed                           the following methods:
                                               pursuant to Rule 19b–4(f)(6) under the
                                               Act 15 normally does not become                           Electronic Comments                                   SECURITIES AND EXCHANGE
                                               operative for 30 days after the date of its                 • Use the Commission’s internet                     COMMISSION
                                               filing. However, Rule 19b–4(f)(6)(iii) 16                 comment form (http://www.sec.gov/                     [Release No. 34–82844; File No. SR–
                                               permits the Commission to designate a                     rules/sro.shtml); or                                  CboeBZX–2018–016]
                                               shorter time if such action is consistent                   • Send an email to rule-comments@
                                               with the protection of investors and the                  sec.gov. Please include File Number SR–               Self-Regulatory Organizations; Cboe
                                               public interest. The Exchange has asked                   BOX–2018–08 on the subject line.                      BZX Exchange, Inc.; Notice of Filing
                                               the Commission to waive the 30-day                                                                              and Immediate Effectiveness of a
                                               operative delay so that the proposal may                  Paper Comments                                        Proposed Rule Change To Delist the
                                               become operative immediately upon                           • Send paper comments in triplicate                 Shares of the iShares Edge U.S. Fixed
                                               filing. The Exchange notes that waiver                    to Secretary, Securities and Exchange                 Income Balanced Risk ETF From
                                               of the operative delay would allow it to                  Commission, 100 F Street NE,                          Listing Pursuant to Rule 14.11(i) and
                                               implement the proposal immediately                        Washington, DC 20549–1090.                            Approval Orders Issued by the
                                               and eliminate the potential for                           All submissions should refer to File                  Commission as a Series of Managed
                                               confusion with regard to QOO Orders                       Number SR–BOX–2018–08. This file                      Fund Shares, and To Re-List Pursuant
                                               on the Trading Floor and their                            number should be included on the                      to Rule 14.11(c)(4) as a Series of Index
                                               relationship to the Linkage Plan. The                     subject line if email is used. To help the            Fund Shares
                                               Commission believes that waiving the                      Commission process and review your                    March 9, 2018.
                                               30-day operative delay is consistent                      comments more efficiently, please use                    Pursuant to Section 19(b)(1) of the
                                                                                                         only one method. The Commission will                  Securities Exchange Act of 1934 (the
                                                 13 15  U.S.C. 78s(b)(3)(A).                             post all comments on the Commission’s                 ‘‘Act’’),1 and Rule 19b-4 thereunder,2
                                                 14 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      internet website (http://www.sec.gov/                 notice is hereby given that on February
                                               4(f)(6) requires a self-regulatory organization to give
                                                                                                         rules/sro.shtml). Copies of the                       28, 2018, Cboe BZX Exchange, Inc. (the
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                                               the Commission written notice of its intent to file
                                               the proposed rule change, along with a brief              submission, all subsequent                            ‘‘Exchange’’ or ‘‘BZX’’) filed with the
                                               description and the text of the proposed rule                                                                   Securities and Exchange Commission
                                               change, at least five business days prior to the date       17 See supra note 10.
                                               of filing of the proposed rule change, or such              18 For
                                                                                                                                                               (the ‘‘Commission’’) the proposed rule
                                                                                                                  purposes only of waiving the 30-day
                                               shorter time as designated by the Commission. The         operative delay, the Commission has also
                                               Exchange has satisfied this requirement.                  considered the proposed rule’s impact on
                                                                                                                                                                 19 17 CFR 200.30–3(a)(12).
                                                 15 17 CFR 240.19b–4(f)(6).                                                                                      1 15 U.S.C. 78s(b)(1).
                                                                                                         efficiency, competition, and capital formation. See
                                                 16 17 CFR 240.19b–4(f)(6)(iii).                         15 U.S.C. 78c(f).                                       2 17 CFR 240.19b–4.




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Document Created: 2018-03-14 01:06:21
Document Modified: 2018-03-14 01:06:21
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 Citation83 FR 11281 

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