83_FR_30596 83 FR 30471 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 7260 by Extending the Penny Pilot Program Through December 31, 2018

83 FR 30471 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 7260 by Extending the Penny Pilot Program Through December 31, 2018

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 125 (June 28, 2018)

Page Range30471-30473
FR Document2018-13887

Federal Register, Volume 83 Issue 125 (Thursday, June 28, 2018)
[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Notices]
[Pages 30471-30473]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13887]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83500; File No. SR-BOX-2018-23]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Amend Rule 7260 by Extending the Penny Pilot Program Through December 
31, 2018

June 22, 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 June 18, 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 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 7260 by extending the Penny 
Pilot Program through December 31, 2018. 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 extend the effective time period of the 
Penny Pilot Program that is currently scheduled to expire on June 30, 
2018, until December 31, 2018.\3\ The Penny Pilot Program permits 
certain classes to be quoted in penny increments. The minimum price 
variation for all classes included in the Penny Pilot Program, except 
for PowerShares QQQ Trust (``QQQQ'')[supreg], SPDR S&P 500 Exchange 
Traded Funds (``SPY''), and iShares Russell 2000 Index Funds (``IWM''), 
will continue to be $0.01 for all quotations in options series that are 
quoted at less than $3 per contract and $0.05 for all quotations in 
options series that are quoted at $3 per contract or greater. QQQQ, 
SPY, and

[[Page 30472]]

IWM will continue to be quoted in $0.01 increments for all options 
series.
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    \3\ The Penny Pilot Program has been in effect on the Exchange 
since its inception in May 2012. See Securities Exchange Act Release 
Nos. 66871 (April 27, 2012), 77 FR 26323 (May 3, 2012) (File No. 10-
206, In the Matter of the Application of BOX Options Exchange LLC 
for Registration as a National Securities Exchange Findings, 
Opinion, and Order of the Commission), 67328 (June 29, 2012), 77 FR 
40123 (July 6, 2012) (SR-BOX-2012-007), 68425 (December 13, 2012), 
77 FR 75234 (December 19, 2013) (SR-BOX-2012-021), 69789 (June 18, 
2013), 78 FR 37854 (June 24, 2013) (SR-BOX-2013-31), 71056 (December 
12, 2013), 78 FR 76691 (December 18, 2013) (SR-BOX-2013-56), 72348 
(June 9, 2014), 79 FR 33976 (June 13, 2014) (SR-BOX-2014-17), 73822 
(December 11, 2014), 79 FR 75606 (December 18, 2014) (SR-BOX-2014-
29), 75295 (June 25, 2015), 80 FR 37690 (July 1, 2015)(SR-BOX-2015-
23), 78172 (June 28, 2016), 81 FR 43325 (July 1, 2016)(SR-BOX-2016-
24), 79429 (November 30, 2016), 81 FR 87991 (December 6, 2016)(SR-
BOX-2016-55); 80828 (May 31, 2017), 82 FR 26175 (June 6, 2017) (SR-
BOX-2017-18) and 82353 (December 19, 2017), 82 FR 61087 (December 
26, 2017). The extension of the effective date and the revision of 
the date to replace issues that have been delisted are the only 
changes to the Penny Pilot Program being proposed at this time.
---------------------------------------------------------------------------

    The Exchange may replace, on a semi-annual basis, any Pilot Program 
classes that have been delisted on the second trading day following 
July 1, 2018. The Exchange notes that the replacement classes will be 
selected based on trading activity for the six month period beginning 
December 1, 2017 and ending May 31, 2018 for the July 2018 
replacements. The Exchange will employ the same parameters to 
prospective replacement classes as approved and applicable under the 
Pilot Program, including excluding high-priced underlying securities. 
The Exchange will distribute a Regulatory Circular notifying 
Participants which replacement classes shall be included in the Penny 
Pilot Program.
    BOX is specifically authorized to act jointly with the other 
options exchanges participating in the Pilot Program in identifying any 
replacement class.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of Section 6(b) of the Act,\4\ in general, and Section 
6(b)(5) of the Act,\5\ in particular, in that it is designed to prevent 
fraudulent and manipulative acts and practices, to promote just and 
equitable principles of trade, to foster cooperation and coordination 
with persons engaged in facilitating transactions in securities, and to 
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.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
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    In particular, the proposed rule change, which extends the Penny 
Pilot until December 31, 2018 and changes the dates for replacing Penny 
Pilot issues that were delisted to the second trading day following 
July 1, 2018, will enable public customers and other market 
participants to express their true prices to buy and sell options for 
the benefit of all market participants. This is consistent with the 
Act.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. To the contrary, this proposal 
is pro-competitive because it allows Penny Pilot issues to continue 
trading on the Exchange. Moreover, the Exchange believes that the 
proposed rule change will allow for further analysis of the Pilot and a 
determination of how the Pilot should be structured in the future; and 
will serve to promote regulatory clarity and consistency, thereby 
reducing burdens on the marketplace and facilitating investor 
protection. The Pilot is an industry wide initiative supported by all 
other option exchanges. The Exchange believes that extending the Pilot 
will allow for continued competition between market participants on the 
Exchange trading similar products as their counterparts on other 
exchanges, while at the same time allowing the Exchange to continue to 
compete for order flow with other exchanges in option issues trading as 
part of the Pilot.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \6\ and Rule 19b-4(f)(6) thereunder.\7\ 
Because the proposed rule change does not: (i) Significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \6\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \7\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \8\ normally 
does not become operative prior to 30 days after the date of the 
filing.\9\ However, pursuant to Rule 19b-4(f)(6)(iii),\10\ the 
Commission may 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 
Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest 
because doing so will allow the Pilot Program to continue without 
interruption in a manner that is consistent with the Commission's prior 
approval of the extension and expansion of the Pilot Program and will 
allow the Exchange and the Commission additional time to analyze the 
impact of the Pilot Program.\11\ Accordingly, the Commission designates 
the proposed rule change as operative upon filing with the 
Commission.\12\
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    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's 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 pre-filing requirement.
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ See Securities Exchange Act Release No. 61061 (November 24, 
2009), 74 FR 62857 (December 1, 2009) (SR-NYSEArca-2009-44).
    \12\ For purposes only of waiving the operative delay for this 
proposal, the Commission has considered the proposed rule's impact 
on efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of such 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 under 
Section 19(b)(2)(B) \13\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \13\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-2018-23 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-2018-23. This file

[[Page 30473]]

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, on official business days 
between the hours of 10:00 a.m. and 3:00 p.m., located at 100 F Street 
NE, Washington, DC 20549. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change. Persons submitting 
comments are cautioned that we do not redact or edit personal 
identifying information from comment submissions. You should submit 
only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BOX-2018-23 and should be 
submitted on or before July 19, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-13887 Filed 6-27-18; 8:45 am]
BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Notices                                                    30471

                                              Public Representative: Gregory Stanton;                 Exchange Act of 1934 1 and Rule 19b–                   Reference Room and also on the
                                              Comments Due: July 2, 2018.                             4 thereunder,2 a proposed rule change                  Exchange’s internet website at http://
                                                This Notice will be published in the                  to amend Rules 7150 and 7245 to                        boxoptions.com.
                                              Federal Register.                                       provide certain account type
                                                                                                                                                             II. Self-Regulatory Organization’s
                                                                                                      information in its Price Improvement
                                              Stacy L. Ruble,                                                                                                Statement of the Purpose of, and
                                                                                                      Period and Complex Price Improvement
                                              Secretary.                                                                                                     Statutory Basis for, the Proposed Rule
                                                                                                      Period auction notifications. The
                                              [FR Doc. 2018–13930 Filed 6–27–18; 8:45 am]                                                                    Change
                                                                                                      proposed rule change was published for
                                              BILLING CODE 7710–FW–P                                  comment in the Federal Register on                       In its filing with the Commission, the
                                                                                                      May 31, 2018.3 The Commission                          self-regulatory organization included
                                                                                                      received no comment letters on the                     statements concerning the purpose of,
                                              POSTAL SERVICE                                          proposal. On June 20, 2018, the                        and basis for, the proposed rule change
                                                                                                      Exchange withdrew the proposed rule                    and discussed any comments it received
                                              International Product Change—Global                     change (SR–BOX–2018–17).                               on the proposed rule change. The text
                                              Expedited Package Services—Non-                                                                                of these statements may be examined at
                                                                                                        For the Commission, by the Division of
                                              Published Rates                                         Trading and Markets, pursuant to delegated             the places specified in Item IV below.
                                                                                                      authority.4                                            The self-regulatory organization has
                                              AGENCY:   Postal ServiceTM.
                                                                                                      Eduardo A. Aleman,                                     prepared summaries, set forth in
                                              ACTION:   Notice.                                                                                              Sections A, B, and C below, of the most
                                                                                                      Assistant Secretary.
                                              SUMMARY:   The Postal Service gives                     [FR Doc. 2018–13886 Filed 6–27–18; 8:45 am]
                                                                                                                                                             significant aspects of such statements.
                                              notice of filing a request with the Postal              BILLING CODE 8011–01–P                                 A. Self-Regulatory Organization’s
                                              Regulatory Commission to add Global                                                                            Statement of the Purpose of, and
                                              Expedited Package Services—Non-                                                                                Statutory Basis for, the Proposed Rule
                                              Published Rates 14 (GEPS–NPR 14) to                     SECURITIES AND EXCHANGE                                Change
                                              the Competitive Products List.                          COMMISSION
                                                                                                                                                             1. Purpose
                                              DATES: Date of notice: June 28, 2018.                   [Release No. 34–83500; File No. SR–BOX–
                                              FOR FURTHER INFORMATION CONTACT: Kyle                   2018–23]                                                  The Exchange proposes to extend the
                                              R. Coppin, 202–268–2368.                                                                                       effective time period of the Penny Pilot
                                                                                                      Self-Regulatory Organizations; BOX                     Program that is currently scheduled to
                                              SUPPLEMENTARY INFORMATION: The
                                                                                                      Options Exchange LLC; Notice of                        expire on June 30, 2018, until December
                                              United States Postal Service® hereby
                                                                                                      Filing and Immediate Effectiveness of                  31, 2018.3 The Penny Pilot Program
                                              gives notice that, pursuant to 39 U.S.C.
                                                                                                      a Proposed Rule Change To Amend                        permits certain classes to be quoted in
                                              3642, on June 22, 2018, it filed with the
                                                                                                      Rule 7260 by Extending the Penny                       penny increments. The minimum price
                                              Postal Regulatory Commission a Request
                                                                                                      Pilot Program Through December 31,                     variation for all classes included in the
                                              of the United States Postal Service to
                                                                                                      2018                                                   Penny Pilot Program, except for
                                              add Global Expedited Package
                                                                                                                                                             PowerShares QQQ Trust (‘‘QQQQ’’)®,
                                              Services—Non-Published Rates 14                         June 22, 2018.
                                                                                                                                                             SPDR S&P 500 Exchange Traded Funds
                                              (GEPS—NPR 14) to the Competitive                           Pursuant to Section 19(b)(1) of the                 (‘‘SPY’’), and iShares Russell 2000 Index
                                              Products List and Notice of Filing                      Securities Exchange Act of 1934                        Funds (‘‘IWM’’), will continue to be
                                              GEPS—NPR 14 Model Contract and                          (‘‘Act’’),1 and Rule 19b–4 thereunder,2                $0.01 for all quotations in options series
                                              Application for Non-Public Treatment                    notice is hereby given that on June 18,                that are quoted at less than $3 per
                                              of Materials Filed Under Seal.                          2018, BOX Options Exchange LLC (the                    contract and $0.05 for all quotations in
                                              Documents are available at                              ‘‘Exchange’’) filed with the Securities                options series that are quoted at $3 per
                                              www.prc.gov, Docket Nos. MC2018–186                     and Exchange Commission                                contract or greater. QQQQ, SPY, and
                                              and CP2018–260.                                         (‘‘Commission’’) the proposed rule
                                              Ruth Stevenson,                                         change as described in Items I and II                     3 The Penny Pilot Program has been in effect on
                                                                                                      below, which Items have been prepared                  the Exchange since its inception in May 2012. See
                                              Attorney, Federal Compliance.
                                                                                                      by the self-regulatory organization. The               Securities Exchange Act Release Nos. 66871 (April
                                              [FR Doc. 2018–13879 Filed 6–27–18; 8:45 am]
                                                                                                      Commission is publishing this notice to                27, 2012), 77 FR 26323 (May 3, 2012) (File No. 10–
                                              BILLING CODE 7710–12–P
                                                                                                      solicit comments on the proposed rule                  206, In the Matter of the Application of BOX
                                                                                                                                                             Options Exchange LLC for Registration as a
                                                                                                      from interested persons.                               National Securities Exchange Findings, Opinion,
                                                                                                                                                             and Order of the Commission), 67328 (June 29,
                                              SECURITIES AND EXCHANGE                                 I. Self-Regulatory Organization’s                      2012), 77 FR 40123 (July 6, 2012) (SR–BOX–2012–
                                              COMMISSION                                              Statement of the Terms of Substance of                 007), 68425 (December 13, 2012), 77 FR 75234
                                                                                                      the Proposed Rule Change                               (December 19, 2013) (SR–BOX–2012–021), 69789
                                              [Release No. 34–83499; File No. SR–BOX–                                                                        (June 18, 2013), 78 FR 37854 (June 24, 2013) (SR–
                                                                                                         The Exchange proposes to amend                      BOX–2013–31), 71056 (December 12, 2013), 78 FR
                                              2018–17)]
                                                                                                      Rule 7260 by extending the Penny Pilot                 76691 (December 18, 2013) (SR–BOX–2013–56),
                                                                                                      Program through December 31, 2018.                     72348 (June 9, 2014), 79 FR 33976 (June 13, 2014)
                                              Self-Regulatory Organizations; BOX                                                                             (SR–BOX–2014–17), 73822 (December 11, 2014), 79
                                              Options Exchange LLC; Notice of                         The text of the proposed rule change is                FR 75606 (December 18, 2014) (SR–BOX–2014–29),
                                              Withdrawal of Proposed Rule Change                      available from the principal office of the             75295 (June 25, 2015), 80 FR 37690 (July 1,
                                              To Amend Rules 7150 and 7245                            Exchange, at the Commission’s Public                   2015)(SR–BOX–2015–23), 78172 (June 28, 2016), 81
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                                                             FR 43325 (July 1, 2016)(SR–BOX–2016–24), 79429
                                              June 22, 2018.                                            1 15 U.S.C. 78s(b)(1).                               (November 30, 2016), 81 FR 87991 (December 6,
                                                                                                                                                             2016)(SR–BOX–2016–55); 80828 (May 31, 2017), 82
                                                On May 14, 2018, BOX Options                            2 17 CFR 240.19b–4.
                                                                                                        3 See Securities Exchange Act Release No. 83317
                                                                                                                                                             FR 26175 (June 6, 2017) (SR–BOX–2017–18) and
                                              Exchange LLC (the ‘‘Exchange’’) filed                                                                          82353 (December 19, 2017), 82 FR 61087 (December
                                                                                                      (May 24, 2018), 83 FR 25074.                           26, 2017). The extension of the effective date and
                                              with the Securities and Exchange                          4 17 CFR 200.30–3(a)(12).
                                                                                                                                                             the revision of the date to replace issues that have
                                              Commission (‘‘Commission’’), pursuant                     1 15 U.S.C. 78s(b)(1).
                                                                                                                                                             been delisted are the only changes to the Penny
                                              to Section 19(b)(1) of the Securities                     2 17 CFR 240.19b–4.                                  Pilot Program being proposed at this time.



                                         VerDate Sep<11>2014   17:08 Jun 27, 2018   Jkt 244001   PO 00000   Frm 00075   Fmt 4703   Sfmt 4703   E:\FR\FM\28JNN1.SGM   28JNN1


                                              30472                            Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Notices

                                              IWM will continue to be quoted in $0.01                    believes that the proposed rule change                  protection of investors and the public
                                              increments for all options series.                         will allow for further analysis of the                  interest. The Exchange has asked the
                                                 The Exchange may replace, on a semi-                    Pilot and a determination of how the                    Commission to waive the 30-day
                                              annual basis, any Pilot Program classes                    Pilot should be structured in the future;               operative delay so that the proposal may
                                              that have been delisted on the second                      and will serve to promote regulatory                    become operative immediately upon
                                              trading day following July 1, 2018. The                    clarity and consistency, thereby                        filing. The Commission believes that
                                              Exchange notes that the replacement                        reducing burdens on the marketplace                     waiving the 30-day operative delay is
                                              classes will be selected based on trading                  and facilitating investor protection. The               consistent with the protection of
                                              activity for the six month period                          Pilot is an industry wide initiative                    investors and the public interest
                                              beginning December 1, 2017 and ending                      supported by all other option                           because doing so will allow the Pilot
                                              May 31, 2018 for the July 2018                             exchanges. The Exchange believes that                   Program to continue without
                                              replacements. The Exchange will                            extending the Pilot will allow for                      interruption in a manner that is
                                              employ the same parameters to                              continued competition between market                    consistent with the Commission’s prior
                                              prospective replacement classes as                         participants on the Exchange trading                    approval of the extension and expansion
                                              approved and applicable under the Pilot                    similar products as their counterparts                  of the Pilot Program and will allow the
                                              Program, including excluding high-                         on other exchanges, while at the same                   Exchange and the Commission
                                              priced underlying securities. The                          time allowing the Exchange to continue                  additional time to analyze the impact of
                                              Exchange will distribute a Regulatory                      to compete for order flow with other                    the Pilot Program.11 Accordingly, the
                                              Circular notifying Participants which                      exchanges in option issues trading as                   Commission designates the proposed
                                              replacement classes shall be included in                   part of the Pilot.                                      rule change as operative upon filing
                                              the Penny Pilot Program.                                                                                           with the Commission.12
                                                                                                         C. Self-Regulatory Organization’s                          At any time within 60 days of the
                                                 BOX is specifically authorized to act                   Statement on Comments on the
                                              jointly with the other options exchanges                                                                           filing of such proposed rule change, the
                                                                                                         Proposed Rule Change Received From                      Commission summarily may
                                              participating in the Pilot Program in                      Members, Participants, or Others
                                              identifying any replacement class.                                                                                 temporarily suspend such rule change if
                                                                                                           The Exchange has neither solicited                    it appears to the Commission that such
                                              2. Statutory Basis                                         nor received comments on the proposed                   action is necessary or appropriate in the
                                                 The Exchange believes that the                          rule change.                                            public interest, for the protection of
                                              proposal is consistent with the                            III. Date of Effectiveness of the                       investors, or otherwise in furtherance of
                                              requirements of Section 6(b) of the Act,4                  Proposed Rule Change and Timing for                     the purposes of the Act. If the
                                              in general, and Section 6(b)(5) of the                     Commission Action                                       Commission takes such action, the
                                              Act,5 in particular, in that it is designed                                                                        Commission shall institute proceedings
                                              to prevent fraudulent and manipulative                        The Exchange has filed the proposed                  under Section 19(b)(2)(B) 13 of the Act to
                                              acts and practices, to promote just and                    rule change pursuant to Section                         determine whether the proposed rule
                                              equitable principles of trade, to foster                   19(b)(3)(A)(iii) of the Act 6 and Rule                  change should be approved or
                                              cooperation and coordination with                          19b–4(f)(6) thereunder.7 Because the                    disapproved.
                                              persons engaged in facilitating                            proposed rule change does not: (i)
                                                                                                         Significantly affect the protection of                  IV. Solicitation of Comments.
                                              transactions in securities, and to remove
                                              impediments to and perfect the                             investors or the public interest; (ii)                    Interested persons are invited to
                                              mechanism of a free and open market                        impose any significant burden on                        submit written data, views and
                                              and a national market system, and, in                      competition; and (iii) become operative                 arguments concerning the foregoing,
                                              general protect investors and the public                   prior to 30 days from the date on which                 including whether the proposed rule
                                              interest.                                                  it was filed, or such shorter time as the               change is consistent with the Act.
                                                 In particular, the proposed rule                        Commission may designate, if                            Comments may be submitted by any of
                                              change, which extends the Penny Pilot                      consistent with the protection of                       the following methods:
                                              until December 31, 2018 and changes                        investors and the public interest, the
                                                                                                                                                                 Electronic Comments
                                              the dates for replacing Penny Pilot                        proposed rule change has become
                                              issues that were delisted to the second                    effective pursuant to Section 19(b)(3)(A)                 • Use the Commission’s internet
                                              trading day following July 1, 2018, will                   of the Act and Rule 19b–4(f)(6)(iii)                    comment form (http://www.sec.gov/
                                              enable public customers and other                          thereunder.                                             rules/sro.shtml); or
                                                                                                            A proposed rule change filed under                     • Send an email to rule-comments@
                                              market participants to express their true
                                                                                                         Rule 19b–4(f)(6) 8 normally does not                    sec.gov. Please include File Number SR–
                                              prices to buy and sell options for the
                                                                                                         become operative prior to 30 days after                 BOX–2018–23 on the subject line.
                                              benefit of all market participants. This
                                              is consistent with the Act.                                the date of the filing.9 However,                       Paper Comments
                                                                                                         pursuant to Rule 19b–4(f)(6)(iii),10 the
                                              B. Self-Regulatory Organization’s                                                                                    • Send paper comments in triplicate
                                                                                                         Commission may designate a shorter
                                              Statement on Burden on Competition                                                                                 to Secretary, Securities and Exchange
                                                                                                         time if such action is consistent with the
                                                                                                                                                                 Commission, 100 F Street NE,
                                                The Exchange does not believe that                                                                               Washington, DC 20549–1090.
                                                                                                           6 15  U.S.C. 78s(b)(3)(A)(iii).
                                              the proposed rule change will impose
                                                                                                           7 17  CFR 240.19b–4(f)(6).                            All submissions should refer to File
                                              any burden on competition not
                                                                                                           8 17 CFR 240.19b–4(f)(6).                             Number SR–BOX–2018–23. This file
                                              necessary or appropriate in furtherance                      9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                              of the purposes of the Act. To the
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                         4(f)(6)(iii) requires the Exchange to give the             11 See Securities Exchange Act Release No. 61061
                                              contrary, this proposal is pro-                            Commission written notice of the Exchange’s intent      (November 24, 2009), 74 FR 62857 (December 1,
                                              competitive because it allows Penny                        to file the proposed rule change along with a brief     2009) (SR–NYSEArca–2009–44).
                                              Pilot issues to continue trading on the                    description and the text of the proposed rule              12 For purposes only of waiving the operative
                                                                                                         change, at least five business days prior to the date   delay for this proposal, the Commission has
                                              Exchange. Moreover, the Exchange                           of filing of the proposed rule change, or such          considered the proposed rule’s impact on
                                                                                                         shorter time as designated by the Commission. The       efficiency, competition, and capital formation. See
                                                4 15   U.S.C. 78f(b).                                    Exchange has satisfied this pre-filing requirement.     15 U.S.C. 78c(f).
                                                5 15   U.S.C. 78f(b)(5).                                   10 17 CFR 240.19b–4(f)(6)(iii).                          13 15 U.S.C. 78s(b)(2)(B).




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                                                                             Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Notices                                                    30473

                                              number should be included on the                        with the Securities and Exchange                          listing market, the last consolidated last-
                                              subject line if email is used. To help the              Commission (‘‘Commission’’) the                           sale price for such security.
                                              Commission process and review your                      proposed rule change as described in                         The Exchange proposes to amend
                                              comments more efficiently, please use                   Items I and II below, which Items have                    Rule 7.35E(d)(4) to provide that the
                                              only one method. The Commission will                    been prepared by the self-regulatory                      Exchange would disseminate an Official
                                              post all comments on the Commission’s                   organization. The Commission is                           Closing Price for Auction-Eligible
                                              internet website (http://www.sec.gov/                   publishing this notice to solicit                         Securities only. An Auction-Eligible
                                              rules/sro.shtml). Copies of the                         comments on the proposed rule change                      Security is defined as all ‘‘securities for
                                              submission, all subsequent                              from interested persons.                                  which the Exchange is the primary
                                              amendments, all written statements                                                                                listing market and UTP Securities
                                                                                                      I. Self-Regulatory Organization’s
                                              with respect to the proposed rule                                                                                 designated by the Exchange.’’ 6 As a
                                                                                                      Statement of the Terms of Substance of
                                              change that are filed with the                                                                                    result, the Exchange would report an
                                                                                                      the Proposed Rule Change
                                              Commission, and all written                                                                                       Official Closing Price for only those
                                              communications relating to the                             The Exchange proposes to amend                         securities for which the Exchange
                                              proposed rule change between the                        Rule 7.35E (Auctions) to revise the                       calculates an Official Closing Price
                                              Commission and any person, other than                   securities for which it will report an                    pursuant to Rule 1.1E(gg). The Exchange
                                              those that may be withheld from the                     Official Closing Price. The proposed                      believes that, by ceasing reporting an
                                              public in accordance with the                           rule change is available on the                           Official Closing Price in securities that
                                              provisions of 5 U.S.C. 552, will be                     Exchange’s website at www.nyse.com, at                    are not auction-eligible on the
                                              available for website viewing and                       the principal office of the Exchange, and                 Exchange, it would reduce the
                                              printing in the Commission’s Public                     at the Commission’s Public Reference                      likelihood of disparate or duplicative
                                              Reference Room, on official business                    Room.                                                     prices being disseminated and
                                              days between the hours of 10:00 a.m.                    II. Self-Regulatory Organization’s                        identified as a UTP Security’s formal
                                              and 3:00 p.m., located at 100 F Street                  Statement of the Purpose of, and                          closing price.
                                              NE, Washington, DC 20549. Copies of                     Statutory Basis for, the Proposed Rule
                                              such filing also will be available for                                                                            2. Statutory Basis
                                                                                                      Change
                                              inspection and copying at the principal                                                                             The Exchange believes that the
                                              office of the Exchange. All comments                       In its filing with the Commission, the                 proposal is consistent with Section 6(b)
                                              received will be posted without change.                 self-regulatory organization included                     of the Act,7 in general, and furthers the
                                              Persons submitting comments are                         statements concerning the purpose of,                     objectives of Sections 6(b)(5) of the Act,8
                                              cautioned that we do not redact or edit                 and basis for, the proposed rule change                   in particular, because it is designed to
                                              personal identifying information from                   and discussed any comments it received                    prevent fraudulent and manipulative
                                              comment submissions. You should                         on the proposed rule change. The text                     acts and practices, to promote just and
                                              submit only information that you wish                   of those statements may be examined at                    equitable principles of trade, to foster
                                              to make available publicly. All                         the places specified in Item IV below.                    cooperation and coordination with
                                              submissions should refer to File                        The Exchange has prepared summaries,                      persons engaged in regulating, clearing,
                                              Number SR–BOX–2018–23 and should                        set forth in sections A, B, and C below,                  settling, processing information with
                                              be submitted on or before July 19, 2018.                of the most significant parts of such                     respect to, and facilitating transactions
                                                                                                      statements.                                               in securities, to remove impediments to,
                                                For the Commission, by the Division of
                                              Trading and Markets, pursuant to delegated              A. Self-Regulatory Organization’s                         and perfect the mechanisms of, a free
                                              authority.14                                            Statement of the Purpose of, and the                      and open market and a national market
                                              Eduardo A. Aleman,                                      Statutory Basis for, the Proposed Rule                    system and, in general, to protect
                                              Assistant Secretary.                                    Change                                                    investors and the public interest and
                                              [FR Doc. 2018–13887 Filed 6–27–18; 8:45 am]                                                                       because it is not designed to permit
                                                                                                      1. Purpose
                                              BILLING CODE 8011–01–P                                                                                            unfair discrimination between
                                                                                                         The Exchange proposes to amend                         customers, issuers, brokers, or dealers.
                                                                                                      Exchange Rule 7.35E (Auctions) to                           The Exchange believes that the
                                              SECURITIES AND EXCHANGE                                 revise the securities for which it will                   proposed rule change would remove
                                              COMMISSION                                              report an Official Closing Price.4 Rule                   impediments to, and perfect the
                                                                                                      7.35E(d)(4) currently states that the                     mechanisms of, a free and open market
                                              [Release No. 34–83498; File No. SR–
                                              NYSEAMER–2018–30]
                                                                                                      Exchange reports an Official Closing                      and a national market system and, in
                                                                                                      Price for all securities that trade on the                general, protect investors and the public
                                              Self-Regulatory Organizations; NYSE                     Exchange. This includes not only                          interest because the Exchange would
                                              American LLC; Notice of Filing and                      securities for which the Exchange is the                  cease disseminating a closing price for
                                              Immediate Effectiveness of Proposed                     primary listing market, but also all UTP                  UTP Securities and only disseminate an
                                              Rule Change To Amend Rule 7.35E                         Securities that are traded on the                         Official Closing Price for Auction-
                                                                                                      Exchange.5 Because the Exchange does                      Eligible Securities. The Exchange
                                              June 22, 2018.                                          not calculate an Official Closing Price                   believes that this proposed rule change
                                                 Pursuant to Section 19(b)(1) 1 of the                for UTP Securities when the Exchange                      would reduce the likelihood of
                                              Securities Exchange Act of 1934 (the                    reports an Official Closing Price for such                disparate or duplicative prices being
                                              ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  securities, the Exchange uses either the                  disseminated and identified as a UTP
                                              notice is hereby given that on June 18,
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                      closing price calculated by the primary                   Security’s formal closing price.
                                              2018, NYSE American LLC (the                            listing market or, if no closing price has                Therefore, the proposed rule change
                                              ‘‘Exchange’’ or ‘‘NYSE American’’) filed                been disseminated by the primary
                                                                                                                                                                  6 See Exchange Rule 7.35E(a)(1). To date, the
                                                14 17 CFR 200.30–3(a)(12).                              4 The   term ‘‘Official Closing Price’’ is defined in   Exchange has not designated any UTP Securities as
                                                1 15 U.S.C.78s(b)(1).                                                                                           an Auction-Eligible Security.
                                                                                                      Exchange Rule 1.1E(gg)(1).
                                                2 15 U.S.C. 78a.                                        5 The term ‘‘UTP Securities’’ is defined in Rule          7 15 U.S.C. 78f(b).
                                                3 17 CFR 240.19b–4.                                   1.1E(ii).                                                   8 15 U.S.C. 78f(b)(5).




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Document Created: 2018-11-06 09:55:42
Document Modified: 2018-11-06 09:55:42
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 30471 

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