83_FR_25179 83 FR 25074 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing of Proposed Rule Change To Amend Rules 7150 and 7245

83 FR 25074 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing of Proposed Rule Change To Amend Rules 7150 and 7245

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 105 (May 31, 2018)

Page Range25074-25076
FR Document2018-11607

Federal Register, Volume 83 Issue 105 (Thursday, May 31, 2018)
[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Notices]
[Pages 25074-25076]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11607]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83317; File No. SR-BOX-2018-17]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing of Proposed Rule Change To Amend Rules 7150 and 7245

May 24, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on May 14, 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.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Rules 7150 and 7245. 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.

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

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

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

1. Purpose
    The Exchange proposes to amend Rules 7150 (Price Improvement Period 
(``PIP'')) and 7245 (Complex Price Improvement Period (``COPIP'')) to 
provide additional information in the respective auction notifications. 
Specifically, the Exchange is proposing to provide the account type of 
the PIP Order \3\ and COPIP Order \4\ as part of the auction 
broadcast.\5\
---------------------------------------------------------------------------

    \3\ A PIP Order is an order that is executed entirely via the 
Price Improvement Period (``PIP''). See Rule 7150(f).
    \4\ A COPIP Orders is a Complex Order that is executed via the 
Complex Order Price Improvement Period (``COPIP''). See Rule 
7245(f).
    \5\ BOX has the following account types: Public Customer, 
Professional Customer, Broker Dealer, Market Maker and Away Market 
Maker. See RC-2014-05A for more details.
---------------------------------------------------------------------------

    The system commences a PIP and COPIP Auction by broadcasting a 
message via the High Speed Vendor Feed (``HSVF'').\6\ Currently, the 
broadcast: (1) States that a Primary Improvement Order \7\ has been 
processed; (2) contains information concerning series,\8\ size, start 
price, and side of market; and (3) states when the auction will 
conclude. The Exchange is now proposing that, in addition to the above 
information, the broadcast will include the account type of the PIP and 
COPIP Order.\9\ The Exchange notes that other option exchanges provide 
account type information for orders on their electronic book as part of 
their data feeds.\10\
---------------------------------------------------------------------------

    \6\ See Rules 7150(f) and 7245(f).
    \7\ A Primary Improvement Order is a contra side order equal to 
the full size of the PIP or COPIP Order. See Rules 7150(f) and 
7245(f).
    \8\ For a COPIP, the strategy identifier is broadcasted.
    \9\ See proposed changes to Rules 7150(f) and 7245(f).
    \10\ See Securities Exchange Act Release No. 74759 (April 17, 
2015), 80 FR 22749 (Notice of Filing and Immediate Effectiveness SR-
MIAX-2015-28). The MIAX Order Feed provides, among other things, the 
origin of each order for the entire order book to its users. The 
Exchange notes there are certain differences between the proposal 
and the MIAX Order Feed. Specifically, the Exchange is only 
proposing to provide the account type for PIP and COPIP Orders while 
MIAX provides the account type of each order for the entire order 
book, but not for auctions. The Exchange believes this is a minor 
difference because both exchanges are providing the same information 
(i.e., account type) with BOX providing it to a limited subset of 
orders where MIAX is not providing such information. Further, as 
expressed in the proposal, the Exchange does not believe that the 
proposed information will have a material impact on the 
participation during the PIP and COPIP auctions. Therefore, the 
Exchange believes it is reasonable and consistent with the Act to 
provide the proposed information for PIP and COPIP Orders. See also 
Securities Exchange Act Release No. 66993 (May 15, 2012), 77 FR 
30043 (Notice of Filing and Immediate Effectiveness SR-PHLX-2012-
63).

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

[[Page 25075]]

    The HSVF provides data to enhance the ability of subscribers to 
analyze market conditions and to create and test trading models and 
analytical strategies. In response to Participant feedback, the 
Exchange is exploring the feasibility of adding information (i.e. 
account type) that market participants can use to gain comprehensive 
insight into the trading activity on the Exchange as well as additional 
transparency with regard to orders submitted to the Exchange. The 
Exchange is proposing to first include the account type of the PIP and 
COPIP Order into the PIP Broadcast because such a change can be 
implemented quickly.\11\ The Exchange believes that providing the 
proposed information is important as it will provide additional 
transparency to market participants so they may have greater insight 
into the order flow on the Exchange.
---------------------------------------------------------------------------

    \11\ The Exchange notes that including the account type of all 
orders on the BOX Book would take substantially longer to implement. 
The Exchange believes that providing the account type for PIP and 
COPIP Orders can be implemented in a short time frame and will allow 
the Exchange to assess whether such information would be beneficial 
in BOX's HSVF.
---------------------------------------------------------------------------

    The Exchange does not believe the proposed change will have a 
material impact on competition. Specifically, the Exchange does not 
believe that the proposed change will have a noticeable impact on 
competition or the level of responses during an auction. The Exchange 
believes that Participants will ultimately make a determination on 
whether to respond to the auction based on price, size, current quote 
and market conditions. The proposed information will provide additional 
transparency to Participants; however, it should not materially affect 
participation during the auctions. As such, the Exchange believes the 
proposed change is not unfairly discriminatory.\12\
---------------------------------------------------------------------------

    \12\ The Exchange notes that PIP and COPIP Orders are entered 
into the system with a contra-side order guaranteeing the full size 
of the PIP or COPIP Order. Therefore, the PIP and COPIP Order is 
fully guaranteed and will always receive a full execution once 
submitted to the system.
---------------------------------------------------------------------------

    The Exchange anticipates implementing the proposed change during 
the third quarter of 2018, pending approval of this filing. The 
Exchange will provide at least two weeks notification to Participants 
of the exact implementation date via Circular.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \13\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \14\ in particular, in that it is designed to 
promote just and equitable principles of trade, to remove impediments 
to and perfect the mechanism of a free and open market and a national 
market system, and, in general to protect investors and the public 
interest.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Exchange believes the proposed rule change is 
designed to remove impediments to and perfect the mechanisms of a free 
and open market and a national market system by providing additional 
information and insight to Participants. Further, the Exchange believes 
that the proposed change will enhance Participants' ability to make 
more informed and timely trading decisions. Additionally, as set forth 
above, the Exchange believes that the proposed change is reasonable and 
appropriate as another options exchange disseminates account type 
information on orders.\15\
---------------------------------------------------------------------------

    \15\ See supra note 10.
---------------------------------------------------------------------------

    The Exchange believes the proposed change is not unfairly 
discriminatory because the proposed information will be available to 
all subscribers of the HSVF. As such, the Exchange does not believe the 
proposed change will have an adverse impact on any market participant. 
Additionally, as explained above, the Exchange does not believe the 
proposed change will have a material impact on competition during the 
auctions.

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

    This proposed change will give market participants greater 
information on which to base their trading strategies. 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. As discussed above, other option exchanges 
include account type information in their data feeds. Additionally, the 
Exchange does not believe that the proposed change will have a material 
impact on competition during the auction.

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule 
change should be 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-2018-17 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BOX-2018-17. 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

[[Page 25076]]

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 
such filing also will be available for inspection and copying at the 
principal office of the Exchange. All comments received will be posted 
without change. Persons submitting comments are cautioned that we do 
not redact or edit personal identifying information from comment 
submissions. You should submit only information that you wish to make 
available publicly. All submissions should refer to File Number SR-BOX-
2018-17, and should be submitted on or before June 21, 2018.

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

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-11607 Filed 5-30-18; 8:45 am]
 BILLING CODE 8011-01-P



                                              25074                         Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices

                                              Asset-Based Distribution and/or Service                 Applicants’ Condition                                   II. Self-Regulatory Organization’s
                                              Fees                                                                                                            Statement of the Purpose of, and
                                                                                                        Applicants agree that any order                       Statutory Basis for, the Proposed Rule
                                                 1. Section 17(d) of the Act and rule                 granting the requested relief will be                   Change
                                              17d–1 under the Act prohibit an                         subject to the following condition:
                                                                                                                                                                 In its filing with the Commission, the
                                              affiliated person of a registered                         Each Fund relying on the order will                   self-regulatory organization included
                                              investment company, or an affiliated                    comply with the provisions of rules 6c–                 statements concerning the purpose of,
                                              person of such person, acting as                        10, 12b–1, 17d–3, 18f–3, 22d–1, and,                    and basis for, the proposed rule change
                                              principal, from participating in or                     where applicable, 11a–3 under the Act,                  and discussed any comments it received
                                              effecting any transaction in connection                 as amended from time to time, as if                     on the proposed rule change. The text
                                              with any joint enterprise or joint                      those rules applied to closed-end                       of these statements may be examined at
                                              arrangement in which the investment                     management investment companies,                        the places specified in Item IV below.
                                              company participates unless the                         and will comply with the FINRA Sales                    The self-regulatory organization has
                                              Commission issues an order permitting                   Charge Rule, as amended from time to                    prepared summaries, set forth in
                                              the transaction. In reviewing                           time, as if that rule applied to all closed-            Sections A, B, and C below, of the most
                                              applications submitted under section                    end management investment                               significant aspects of such statements.
                                              17(d) and rule 17d–1, the Commission                    companies.
                                              considers whether the participation of                                                                          A. Self-Regulatory Organization’s
                                                                                                      For the Commission, by the Division of                  Statement of the Purpose of, and
                                              the investment company in a joint                       Investment Management, under delegated
                                              enterprise or joint arrangement is                                                                              Statutory Basis for, the Proposed Rule
                                                                                                      authority.                                              Change
                                              consistent with the provisions, policies                Eduardo A. Aleman,
                                              and purposes of the Act, and the extent                                                                         1. Purpose
                                                                                                      Assistant Secretary.
                                              to which the participation is on a basis                                                                           The Exchange proposes to amend
                                                                                                      [FR Doc. 2018–11594 Filed 5–30–18; 8:45 am]
                                              different from or less advantageous than                                                                        Rules 7150 (Price Improvement Period
                                              that of other participants.                             BILLING CODE 8011–01–P
                                                                                                                                                              (‘‘PIP’’)) and 7245 (Complex Price
                                                 2. Rule 17d–3 under the Act provides                                                                         Improvement Period (‘‘COPIP’’)) to
                                              an exemption from section 17(d) and                     SECURITIES AND EXCHANGE                                 provide additional information in the
                                              rule 17d–1 to permit open-end                           COMMISSION                                              respective auction notifications.
                                              investment companies to enter into                                                                              Specifically, the Exchange is proposing
                                              distribution arrangements pursuant to                                                                           to provide the account type of the PIP
                                                                                                      [Release No. 34–83317; File No. SR–BOX–
                                              rule 12b–1 under the Act. Applicants                                                                            Order 3 and COPIP Order 4 as part of the
                                                                                                      2018–17]
                                              request an order under section 17(d) and                                                                        auction broadcast.5
                                              rule 17d–1 under the Act to the extent                                                                             The system commences a PIP and
                                                                                                      Self-Regulatory Organizations; BOX
                                              necessary to permit the Fund to impose                                                                          COPIP Auction by broadcasting a
                                                                                                      Options Exchange LLC; Notice of
                                              asset-based distribution and/or service                                                                         message via the High Speed Vendor
                                                                                                      Filing of Proposed Rule Change To
                                              fees. Applicants have agreed to comply                                                                          Feed (‘‘HSVF’’).6 Currently, the
                                                                                                      Amend Rules 7150 and 7245
                                              with rules 12b–1 and 17d–3 as if those                                                                          broadcast: (1) States that a Primary
                                              rules applied to closed-end investment                  May 24, 2018.                                           Improvement Order 7 has been
                                              companies, which they believe will                                                                              processed; (2) contains information
                                                                                                         Pursuant to Section 19(b)(1) of the
                                              resolve any concerns that might arise in                                                                        concerning series,8 size, start price, and
                                                                                                      Securities Exchange Act of 1934 (the
                                              connection with a Fund financing the                                                                            side of market; and (3) states when the
                                                                                                      ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                              distribution of its shares through asset-                                                                       auction will conclude. The Exchange is
                                                                                                      notice is hereby given that on May 14,
                                              based fees.                                                                                                     now proposing that, in addition to the
                                                                                                      2018, BOX Options Exchange LLC (the
                                                                                                                                                              above information, the broadcast will
                                                 For the reasons stated above,                        ‘‘Exchange’’) filed with the Securities
                                                                                                                                                              include the account type of the PIP and
                                              applicants submit that the exemptions                   and Exchange Commission
                                                                                                                                                              COPIP Order.9 The Exchange notes that
                                              requested under section 6(c) are                        (‘‘Commission’’) the proposed rule
                                                                                                                                                              other option exchanges provide account
                                              necessary and appropriate in the public                 change as described in Items I and II
                                                                                                                                                              type information for orders on their
                                              interest and are consistent with the                    below, which Items have been prepared
                                                                                                                                                              electronic book as part of their data
                                              protection of investors and the purposes                by the self-regulatory organization. The
                                                                                                                                                              feeds.10
                                              fairly intended by the policy and                       Commission is publishing this notice to
                                              provisions of the Act. Applicants further               solicit comments on the proposed rule                     3 A PIP Order is an order that is executed entirely

                                              submit that the relief requested                        change from interested persons.                         via the Price Improvement Period (‘‘PIP’’). See Rule
                                              pursuant to section 23(c)(3) will be                                                                            7150(f).
                                                                                                      I. Self-Regulatory Organization’s                         4 A COPIP Orders is a Complex Order that is
                                              consistent with the protection of                       Statement of the Terms of the Substance                 executed via the Complex Order Price Improvement
                                              investors and will insure that applicants               of the Proposed Rule Change                             Period (‘‘COPIP’’). See Rule 7245(f).
                                              do not unfairly discriminate against any                                                                          5 BOX has the following account types: Public

                                              holders of the class of securities to be                  The Exchange proposes to amend                        Customer, Professional Customer, Broker Dealer,
                                              purchased. Finally, applicants state that               Rules 7150 and 7245. The text of the                    Market Maker and Away Market Maker. See RC–
                                                                                                                                                              2014–05A for more details.
                                              the Funds’ imposition of asset-based                    proposed rule change is available from                    6 See Rules 7150(f) and 7245(f).
                                              distribution and/or service fees is                     the principal office of the Exchange, at
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                                                                7 A Primary Improvement Order is a contra side
                                              consistent with the provisions, policies                the Commission’s Public Reference                       order equal to the full size of the PIP or COPIP
                                              and purposes of the Act and does not                    Room and also on the Exchange’s                         Order. See Rules 7150(f) and 7245(f).
                                                                                                                                                                8 For a COPIP, the strategy identifier is
                                              involve participation on a basis different              internet website at http://
                                                                                                                                                              broadcasted.
                                              from or less advantageous than that of                  boxoptions.com.                                           9 See proposed changes to Rules 7150(f) and
                                              other participants. Applicants therefore                                                                        7245(f).
                                              believe that the requested relief meets                   1 15   U.S.C. 78s(b)(1).                                10 See Securities Exchange Act Release No. 74759

                                              the standards of section 6(c) of the Act.                 2 17   CFR 240.19b–4.                                 (April 17, 2015), 80 FR 22749 (Notice of Filing and



                                         VerDate Sep<11>2014   17:46 May 30, 2018   Jkt 241001   PO 00000   Frm 00109     Fmt 4703   Sfmt 4703   E:\FR\FM\31MYN1.SGM   31MYN1


                                                                            Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices                                              25075

                                                 The HSVF provides data to enhance                      The Exchange anticipates                              not believe that the proposed change
                                              the ability of subscribers to analyze                   implementing the proposed change                        will have a material impact on
                                              market conditions and to create and test                during the third quarter of 2018,                       competition during the auction.
                                              trading models and analytical strategies.               pending approval of this filing. The
                                                                                                                                                              C. Self-Regulatory Organization’s
                                              In response to Participant feedback, the                Exchange will provide at least two
                                                                                                                                                              Statement on Comments on the
                                              Exchange is exploring the feasibility of                weeks notification to Participants of the
                                              adding information (i.e. account type)                  exact implementation date via Circular.                 Proposed Rule Change Received From
                                              that market participants can use to gain                                                                        Members, Participants, or Others
                                                                                                      2. Statutory Basis                                        The Exchange has neither solicited
                                              comprehensive insight into the trading
                                              activity on the Exchange as well as                        The Exchange believes that its                       nor received comments on the proposed
                                              additional transparency with regard to                  proposal is consistent with Section 6(b)                rule change.
                                              orders submitted to the Exchange. The                   of the Act 13 in general, and furthers the
                                                                                                      objectives of Section 6(b)(5) of the Act 14             III. Date of Effectiveness of the
                                              Exchange is proposing to first include
                                                                                                      in particular, in that it is designed to                Proposed Rule Change and Timing for
                                              the account type of the PIP and COPIP
                                                                                                      promote just and equitable principles of                Commission Action
                                              Order into the PIP Broadcast because
                                              such a change can be implemented                        trade, to remove impediments to and                        Within 45 days of the date of
                                              quickly.11 The Exchange believes that                   perfect the mechanism of a free and                     publication of this notice in the Federal
                                              providing the proposed information is                   open market and a national market                       Register or within such longer period
                                              important as it will provide additional                 system, and, in general to protect                      up to 90 days (i) as the Commission may
                                              transparency to market participants so                  investors and the public interest.                      designate if it finds such longer period
                                              they may have greater insight into the                     In particular, the Exchange believes                 to be appropriate and publishes its
                                              order flow on the Exchange.                             the proposed rule change is designed to                 reasons for so finding or (ii) as to which
                                                 The Exchange does not believe the                    remove impediments to and perfect the                   the self-regulatory organization
                                              proposed change will have a material                    mechanisms of a free and open market                    consents, the Commission will:
                                              impact on competition. Specifically, the                and a national market system by                            (A) By order approve or disapprove
                                              Exchange does not believe that the                      providing additional information and                    the proposed rule change, or
                                              proposed change will have a noticeable                  insight to Participants. Further, the                      (B) institute proceedings to determine
                                              impact on competition or the level of                   Exchange believes that the proposed                     whether the proposed rule change
                                              responses during an auction. The                        change will enhance Participants’                       should be disapproved.
                                              Exchange believes that Participants will                ability to make more informed and
                                                                                                      timely trading decisions. Additionally,                 IV. Solicitation of Comments
                                              ultimately make a determination on
                                              whether to respond to the auction based                 as set forth above, the Exchange believes                 Interested persons are invited to
                                              on price, size, current quote and market                that the proposed change is reasonable                  submit written data, views, and
                                              conditions. The proposed information                    and appropriate as another options                      arguments concerning the foregoing,
                                              will provide additional transparency to                 exchange disseminates account type                      including whether the proposed rule
                                              Participants; however, it should not                    information on orders.15                                change is consistent with the Act.
                                              materially affect participation during                     The Exchange believes the proposed                   Comments may be submitted by any of
                                              the auctions. As such, the Exchange                     change is not unfairly discriminatory                   the following methods:
                                              believes the proposed change is not                     because the proposed information will
                                                                                                                                                              Electronic Comments
                                              unfairly discriminatory.12                              be available to all subscribers of the
                                                                                                      HSVF. As such, the Exchange does not                      • Use the Commission’s internet
                                              Immediate Effectiveness SR–MIAX–2015–28). The           believe the proposed change will have                   comment form (http://www.sec.gov/
                                              MIAX Order Feed provides, among other things, the       an adverse impact on any market                         rules/sro.shtml); or
                                              origin of each order for the entire order book to its   participant. Additionally, as explained                   • Send an email to rule-comments@
                                              users. The Exchange notes there are certain                                                                     sec.gov. Please include File Number SR–
                                              differences between the proposal and the MIAX
                                                                                                      above, the Exchange does not believe
                                              Order Feed. Specifically, the Exchange is only          the proposed change will have a                         BOX–2018–17 on the subject line.
                                              proposing to provide the account type for PIP and       material impact on competition during                   Paper Comments
                                              COPIP Orders while MIAX provides the account            the auctions.
                                              type of each order for the entire order book, but not                                                             • Send paper comments in triplicate
                                              for auctions. The Exchange believes this is a minor     B. Self-Regulatory Organization’s                       to Brent J. Fields, Secretary, Securities
                                              difference because both exchanges are providing the     Statement on Burden on Competition
                                              same information (i.e., account type) with BOX                                                                  and Exchange Commission, 100 F Street
                                              providing it to a limited subset of orders where          This proposed change will give                        NE, Washington, DC 20549–1090.
                                              MIAX is not providing such information. Further,        market participants greater information                 All submissions should refer to File
                                              as expressed in the proposal, the Exchange does not
                                              believe that the proposed information will have a
                                                                                                      on which to base their trading strategies.              Number SR–BOX–2018–17. This file
                                              material impact on the participation during the PIP     As such, the Exchange does not believe                  number should be included on the
                                              and COPIP auctions. Therefore, the Exchange             that the proposed rule change will                      subject line if email is used. To help the
                                              believes it is reasonable and consistent with the Act   impose any burden on competition not                    Commission process and review your
                                              to provide the proposed information for PIP and
                                              COPIP Orders. See also Securities Exchange Act
                                                                                                      necessary or appropriate in furtherance                 comments more efficiently, please use
                                              Release No. 66993 (May 15, 2012), 77 FR 30043           of the purposes of the Act. As discussed                only one method. The Commission will
                                              (Notice of Filing and Immediate Effectiveness SR–       above, other option exchanges include                   post all comments on the Commission’s
                                              PHLX–2012–63).                                          account type information in their data                  internet website (http://www.sec.gov/
                                                 11 The Exchange notes that including the account
                                                                                                      feeds. Additionally, the Exchange does                  rules/sro.shtml). Copies of the
amozie on DSK3GDR082PROD with NOTICES1




                                              type of all orders on the BOX Book would take
                                              substantially longer to implement. The Exchange                                                                 submission, all subsequent
                                              believes that providing the account type for PIP and    guaranteeing the full size of the PIP or COPIP Order.   amendments, all written statements
                                              COPIP Orders can be implemented in a short time         Therefore, the PIP and COPIP Order is fully             with respect to the proposed rule
                                              frame and will allow the Exchange to assess             guaranteed and will always receive a full execution
                                                                                                      once submitted to the system.                           change that are filed with the
                                              whether such information would be beneficial in
                                              BOX’s HSVF.                                               13 15 U.S.C. 78f(b).                                  Commission, and all written
                                                 12 The Exchange notes that PIP and COPIP Orders        14 15 U.S.C. 78f(b)(5).                               communications relating to the
                                              are entered into the system with a contra-side order      15 See supra note 10.                                 proposed rule change between the


                                         VerDate Sep<11>2014   17:46 May 30, 2018   Jkt 241001   PO 00000   Frm 00110   Fmt 4703   Sfmt 4703   E:\FR\FM\31MYN1.SGM   31MYN1


                                              25076                          Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices

                                              Commission and any person, other than                   I. Self-Regulatory Organization’s                     business organizations (such as royalty
                                              those that may be withheld from the                     Statement of the Terms of Substance of                trusts) and derivative and special
                                              public in accordance with the                           the Proposed Rule Change                              purpose securities either do not have
                                              provisions of 5 U.S.C. 552, will be                        The Exchange proposes to amend                     the right to elect directors at annual
                                              available for website viewing and                       NYSE Arca Rule 5.3–E to exclude                       meetings or have the right to elect
                                              printing in the Commission’s Public                     certain categories of issuers from the                directors only in very limited
                                              Reference Room, 100 F Street NE,                        Exchange’s annual meeting requirement.                circumstances. For example, holders of
                                              Washington, DC 20549 on official                        The proposed rule change is available                 non-voting preferred securities may
                                              business days between the hours of                      on the Exchange’s website at                          have the right to temporarily elect
                                              10:00 a.m. and 3:00 p.m. Copies of such                 www.nyse.com, at the principal office of              directors if dividends on such securities
                                              filing also will be available for                       the Exchange, and at the Commission’s                 have not been paid for a specified
                                              inspection and copying at the principal                 Public Reference Room.                                period of time. Absent such special
                                              office of the Exchange. All comments                                                                          circumstances, in no event do holders of
                                              received will be posted without change.                 II. Self-Regulatory Organization’s                    the securities listed above elect directors
                                              Persons submitting comments are                         Statement of the Purpose of, and                      on an annual basis. Despite the fact that
                                                                                                      Statutory Basis for, the Proposed Rule                there is no matter with respect to which
                                              cautioned that we do not redact or edit
                                                                                                      Change                                                holders of these securities have an
                                              personal identifying information from
                                              comment submissions. You should                            In its filing with the Commission, the             annual voting right under state law or
                                              submit only information that you wish                   self-regulatory organization included                 their governing documents, NYSE Arca
                                              to make available publicly. All                         statements concerning the purpose of,                 rules currently do not exclude the
                                              submissions should refer to File                        and basis for, the proposed rule change               issuers of such securities from the
                                              Number SR–BOX–2018–17, and should                       and discussed any comments it received                requirement that they hold an annual
                                              be submitted on or before June 21, 2018.                on the proposed rule change. The text                 meeting of shareholders.
                                                                                                      of those statements may be examined at                   NYSE Arca now proposes to change
                                                For the Commission, by the Division of                the places specified in Item IV below.
                                              Trading and Markets, pursuant to delegated                                                                    the preamble to Rule 5.3–E to provide
                                                                                                      The Exchange has prepared summaries,                  that issuers of these securities would
                                              authority.16                                            set forth in sections A, B, and C below,              not need to satisfy the requirement to
                                              Eduardo A. Aleman,                                      of the most significant parts of such                 hold an annual meeting under Rule 5.3–
                                              Assistant Secretary.                                    statements.                                           E(e)(1). The Exchange also proposes to
                                              [FR Doc. 2018–11607 Filed 5–30–18; 8:45 am]             A. Self-Regulatory Organization’s                     clarify that the exclusions for preferred
                                              BILLING CODE 8011–01–P                                  Statement of the Purpose of, and the                  stock set forth in that provision are
                                                                                                      Statutory Basis for, the Proposed Rule                specifically applicable only to non-
                                                                                                      Change                                                voting preferred stock. Notwithstanding
                                              SECURITIES AND EXCHANGE                                                                                       the exclusions noted above, if an issuer
                                              COMMISSION                                              1. Purpose                                            also lists common stock or voting
                                                                                                         NYSE Arca proposes to amend NYSE                   preferred stock, or their equivalent, such
                                              [Release No. 34–83324; File No. SR–                     Arca Rule 5.3–E to exclude certain                    issuer must still hold an annual meeting
                                              NYSEArca–2018–31]                                       categories of issuers from the                        for the holders of that common stock or
                                                                                                      Exchange’s annual meeting requirement.                voting preferred stock, or their
                                              Self-Regulatory Organizations; NYSE                        NYSE Arca Rule 5.3–E(e) provides                   equivalent. The Exchange further
                                              Arca, Inc.; Notice of Filing and                        that a listed company is required to hold             proposes to clarify NYSE Arca Rule 5.3–
                                              Immediate Effectiveness of Proposed                     an annual meeting of shareholders to                  E(e)(1) by specifying that the annual
                                              Rule Change To Amend NYSE Arca                          elect directors and to take action on                 meeting requirement contained in such
                                              Rule 5.3–E To Exclude Certain                           other corporate matters in accordance                 rule is applicable to issuers listing
                                              Categories of Issuers From the                          with its charter, by-laws and applicable              common stock or voting preferred stock,
                                              Exchange’s Annual Meeting                               state or other laws. The preamble to                  and their equivalents 6 and that such
                                              Requirement                                             Rule 5.3–E provides that preferred and                annual meeting requirement is
                                                                                                      debt listings, passive business                       inapplicable to preferred and debt
                                              May 24, 2018.                                           organizations (such as royalty trusts),               listings, passive business organizations
                                                                                                      derivative and special purpose                        (such as royalty trusts), and certain
                                                 Pursuant to Section 19(b)(1) 1 of the
                                                                                                      securities 4 are not required to comply               categories of derivative and special
                                              Securities Exchange Act of 1934 (the
                                                                                                      with certain of the Corporate                         purpose securities listed pursuant to
                                              ‘‘Act’’),2 and Rule 19b–4 thereunder,3
                                                                                                      Governance and Disclosure Policies set                Rules 5.2–E(h), 5.2–E(j)(2)–(6) and 8–E
                                              notice is hereby given that, on May 16,
                                                                                                      forth in NYSE Arca Rule 5.3–E.5                       (8.100–E, 8.200–E, 8.201–E, 8.202–E,
                                              2018, NYSE Arca, Inc. (the ‘‘Exchange’’
                                                                                                      However, the preamble does not                        8.203–E, 8.204–E, 8.300–E, 8.400–E,
                                              or ‘‘NYSE Arca’’) filed with the
                                                                                                      exclude the obligation to hold an annual              8.600–E and 8.700–E).
                                              Securities and Exchange Commission
                                                                                                      meeting pursuant to NYSE Arca Rule
                                              (the ‘‘Commission’’) the proposed rule                  5.3–E(e) from those requirements with                    The Exchange notes that the listing
                                              change as described in Items I and II                   which such issuers must comply.                       rules of the NASDAQ Stock Market LLC
                                              below, which Items have been prepared                      Holders of non-voting preferred and                (‘‘NASDAQ’’), Cboe BZX Exchange, Inc.
                                              by the self-regulatory organization. The                debt securities, securities of passive                (‘‘Cboe BZX’’) and NYSE American LLC
                                              Commission is publishing this notice to                                                                       (‘‘NYSE American’’) all provide explicit
amozie on DSK3GDR082PROD with NOTICES1




                                              solicit comments on the proposed rule                      4 Derivative and special purpose securities are    exclusions for issuers of ETFs and other
                                              change from interested persons.                         securities listed pursuant to Rules 5.2–E(h), 5.2–    derivative securities products from the
                                                                                                      E(j)(2)–(6) and Rule 8–E (8.100–E, 8.200–E, 8.201–    annual meeting requirements in their
                                                16 17
                                                                                                      E, 8.202–E, 8.203–E, 8.204–E, 8.300–E, 8.400–E,
                                                      CFR 200.30–3(a)(12).                            8.600–E and 8.700–E), including Exchange Traded
                                                1 15 U.S.C.78s(b)(1).                                 Funds (‘‘ETFs’’) and similar products.                 6 This language is identical to that used in the
                                                2 15 U.S.C. 78a.                                         5 See Securities Exchange Act Release No. 49810    NASDAQ annual meeting rule. See NASDAQ
                                                3 17 CFR 240.19b–4.                                   (June 4, 2004), 69 FR 32647 (June 10, 2004).          Marketplace Rules IM–5620.



                                         VerDate Sep<11>2014   17:46 May 30, 2018   Jkt 241001   PO 00000   Frm 00111   Fmt 4703   Sfmt 4703   E:\FR\FM\31MYN1.SGM   31MYN1



Document Created: 2018-05-31 00:48:53
Document Modified: 2018-05-31 00:48:53
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 25074 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR