83_FR_38002 83 FR 37853 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule on the BOX Market LLC (“BOX”) Options Facility To Establish BOX Connectivity Fees for Participants and Non-Participants Who Connect to the BOX Network

83 FR 37853 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule on the BOX Market LLC (“BOX”) Options Facility To Establish BOX Connectivity Fees for Participants and Non-Participants Who Connect to the BOX Network

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 149 (August 2, 2018)

Page Range37853-37854
FR Document2018-16531

Federal Register, Volume 83 Issue 149 (Thursday, August 2, 2018)
[Federal Register Volume 83, Number 149 (Thursday, August 2, 2018)]
[Notices]
[Pages 37853-37854]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16531]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83728; File No. SR-BOX-2018-24]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Amend the Fee Schedule on the BOX Market LLC (``BOX'') Options Facility 
To Establish BOX Connectivity Fees for Participants and Non-
Participants Who Connect to the BOX Network

July 27, 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 July 19, 2018, BOX Options Exchange LLC (the ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I, II, and III below, which 
Items have been prepared by the Exchange. The Exchange filed the 
proposed rule change pursuant to Section 19(b)(3)(A)(ii) of the Act,\3\ 
and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal 
effective upon filing with the Commission. The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange is filing with the Securities and Exchange Commission 
(``Commission'') a proposed rule change to amend the Fee Schedule on 
the BOX Market LLC (``BOX'') options facility. 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://boxexchange.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 Exchange 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 Exchange 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 Section VI. (Technology Fees) of the 
BOX Fee Schedule to establish BOX Connectivity Fees for Participants 
and non-Participants who connect to the BOX network. Connectivity fees 
will be based upon the amount of bandwidth that will be used by the 
Participant or non-Participant. Further, BOX Participants or non-
Participants connected as of the last trading day of each calendar 
month will be charged the applicable Connectivity Fee for that month. 
The Connectivity Fees will be as follows:

------------------------------------------------------------------------
              Connection type                       Monthly fees
------------------------------------------------------------------------
Non-10 Gb Connection......................  $1,000 per connection.
10 Gb Connection..........................  5,000 per connection.
------------------------------------------------------------------------

    The Exchange also proposes to amend certain language and numbering 
in Section VI.A to reflect the changes discussed above. Specifically, 
BOX proposes to add the title ``Third Party Connectivity Fees'' under 
Section VI.A. Further, the Exchange proposes to add Section VI.A.2 
which details the proposed BOX Connectivity Fees discussed above.
    Participants and non-Participants with ten (10) Gigabit Connections 
will be charged a monthly fee of $5,000 per connection. Participants 
and non-Participants with non-10 Gigabits Connections will be charged a 
monthly fee of $1,000 per connection. The Exchange notes that another 
exchange in the industry has similar connectivity fees.\5\ The Exchange 
also notes that certain fees will continue to be assessed by the 
datacenters and will be billed directly to the market participant.
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    \5\ See Miami International Securities Exchange LLC (``MIAX'') 
Fee Schedule. MIAX charges its Members and non-Members a monthly fee 
of $1,100 for each 1 Gigabit connection and $5,500 for each 10 
Gigabit connection to MIAX's Primary/Secondary Facility. The 
Exchange notes a minor difference between MIAX's connectivity fees 
and BOX's proposal. MIAX prorates their connectivity fees when a 
Member makes a change to their connectivity (by adding or deleting 
connections). BOX notes that, like the Exchange's Port Fees and HSVF 
Fees, Participants or non-Participants connected as of the last 
trading day of each calendar month will be charged the applicable 
Connectivity Fee for that month.
---------------------------------------------------------------------------

    Next, the Exchange is amending Section VI.C. High Speed Vendor Feed 
(``HSVF'') of the Fee Schedule. Specifically, BOX is proposing to 
delete Section VI.C. and reclassify the HSVF Connection as a Port Fee. 
The Exchange believes this reclassification is more accurate, as HSVF 
subscription is not dependent on a physical connection to the Exchange. 
Instead, subscribers must be credentialed by BOX to receive the HSVF. 
The HSVF Fee will remain unchanged, BOX will assess a HSVF Port Fee of 
$1,500 per month \6\ for each month a Participant or non-Participant is 
credentialed to use the HSVF Port. The Exchange notes that another

[[Page 37854]]

exchange in the industry charges similar fees.\7\
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    \6\ The Exchange notes that with the proposed change discussed 
herein, Participants and non-Participants credentialed to use the 
HSVF Port who also have physical connections to the BOX system will 
be charged for both the HSVF monthly fee and the applicable amount 
for their physical connections to BOX. For example, if non-
Participant X is credentialed to use the HSVF Port and has three (3) 
physical non-10Gb connections to BOX, non-Participant X will be 
charged $1,500 for the monthly HSVF Port Fee and $3,000 for the 
three non-10Gb physical connections to BOX.
    \7\ See Cboe Data Services, LLC. (``Cboe CDS'') Fee Schedule. 
Cboe CDS charges its Customers that receive data through a direct 
connection to CDS or through a connection to CDS provided by an 
extranet provider $500 per port per month. Cboe CDS's port fee 
applies to receipt of any Cboe Options data feed but is only 
assessed once per data port. In addition to the data port fee, Cboe 
Exchange Inc. (``Cboe'') charges connectivity fees based on the 
bandwidth used to connect to the Exchange to receive such data. See 
Cboe Fee Schedule.
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2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of Section 6(b) of the Act, in general, and Section 
6(b)(4) and 6(b)(5)of the Act,\8\ in particular, in that it provides 
for the equitable allocation of reasonable dues, fees, and other 
charges among BOX Participants and other persons using its facilities 
and does not unfairly discriminate between customers, issuers, brokers 
or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed Connectivity Fees in 
general constitute an equitable allocation of fees, and are not 
unfairly discriminatory, because they allow the Exchange to recover 
costs associated with offering access through the network connections. 
The proposed Connectivity Fees are also expected to offset the costs 
BOX incurs in maintaining, and implementing ongoing improvements to the 
trading systems, including connectivity costs, costs incurred on 
software and hardware enhancements and resources dedicated to software 
development, quality assurance, and technology support. The Exchange 
believes that its proposed fees are reasonable in that they are 
competitive with those charged by another exchange. Further, the 
Exchange believes that the proposed Connectivity Fees are not unfairly 
discriminatory as they are assessed to all market participants who wish 
to connect to the BOX network.
    The Exchange believes that the proposed HSVF Port Fee is reasonable 
as it is similar to fees assessed at another exchange in the 
industry.\9\ Further, the Exchange believes that charging Participants 
and non-Participants for both the HSVF monthly fee and applicable 
physical connection fees as outlined in the example above is reasonable 
as it is in line with another exchange in the industry.\10\ Further, 
the Exchange believes that the proposed change is equitable and not 
unfairly discriminatory because it allows the Exchange to recoup 
ongoing expenditures made by the Exchange in order to offer such 
services to Participants and non-Participants.
---------------------------------------------------------------------------

    \9\ See supra note 7.
    \10\ Id.
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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. Unilateral action by BOX in 
establishing fees for services provided to its Participants and others 
using its facilities will not have an impact on competition. As a small 
Exchange in the already highly competitive environment for options 
trading, BOX does not have the market power necessary to set prices for 
services that are unreasonable or unfairly discriminatory in violation 
of the Exchange Act. BOX's proposed fees, as described herein, are 
comparable to and generally lower than fees charged by other options 
exchanges for the same or similar services. Lastly, the Exchange 
believes the proposed change will not impose a burden on intramarket 
competition as the proposed fees are applicable to all Participants and 
others using its facilities that connect to BOX.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Exchange Act \11\ and Rule 19b-4(f)(2) 
thereunder,\12\ because it establishes or changes a due, or fee.
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    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \12\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend the rule 
change if it appears to the Commission that the action is necessary or 
appropriate in the public interest, for the protection of investors, or 
would otherwise further the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BOX-2018-24 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-2018-24. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549 on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of 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-2018-24, and should be submitted on 
or before August 23, 2018.
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    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2018-16531 Filed 8-1-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 83, No. 149 / Thursday, August 2, 2018 / Notices                                                     37853

                                               amendments, all written statements                      prepared by the Exchange. The                               Connection type               Monthly fees
                                               with respect to the proposed rule                       Exchange filed the proposed rule change
                                               change that are filed with the                          pursuant to Section 19(b)(3)(A)(ii) of the               Non-10 Gb Connec-          $1,000 per connec-
                                               Commission, and all written                             Act,3 and Rule 19b–4(f)(2) thereunder,4                    tion.                      tion.
                                               communications relating to the                                                                                   10 Gb Connection .....     5,000 per connection.
                                                                                                       which renders the proposal effective
                                               proposed rule change between the                        upon filing with the Commission. The
                                               Commission and any person, other than                                                                               The Exchange also proposes to amend
                                                                                                       Commission is publishing this notice to                  certain language and numbering in
                                               those that may be withheld from the                     solicit comments on the proposed rule
                                               public in accordance with the                                                                                    Section VI.A to reflect the changes
                                                                                                       change from interested persons.                          discussed above. Specifically, BOX
                                               provisions of 5 U.S.C. 552, will be
                                               available for website viewing and                       I. Self-Regulatory Organization’s                        proposes to add the title ‘‘Third Party
                                               printing in the Commission’s Public                     Statement of the Terms of the Substance                  Connectivity Fees’’ under Section VI.A.
                                               Reference Room, 100 F Street NE,                                                                                 Further, the Exchange proposes to add
                                                                                                       of the Proposed Rule Change
                                               Washington, DC 20549, on official                                                                                Section VI.A.2 which details the
                                               business days between the hours of                         The Exchange is filing with the                       proposed BOX Connectivity Fees
                                               10:00 a.m. and 3:00 p.m. Copies of the                  Securities and Exchange Commission                       discussed above.
                                                                                                       (‘‘Commission’’) a proposed rule change                     Participants and non-Participants
                                               filing also will be available for
                                               inspection and copying at the principal                 to amend the Fee Schedule on the BOX                     with ten (10) Gigabit Connections will
                                               office of the Exchange. All comments                                                                             be charged a monthly fee of $5,000 per
                                                                                                       Market LLC (‘‘BOX’’) options facility.
                                               received will be posted without change.                                                                          connection. Participants and non-
                                                                                                       The text of the proposed rule change is
                                               Persons submitting comments are                                                                                  Participants with non-10 Gigabits
                                                                                                       available from the principal office of the               Connections will be charged a monthly
                                               cautioned that we do not redact or edit                 Exchange, at the Commission’s Public
                                               personal identifying information from                                                                            fee of $1,000 per connection. The
                                                                                                       Reference Room and also on the                           Exchange notes that another exchange
                                               comment submissions. You should                         Exchange’s internet website at http://
                                               submit only information that you wish                                                                            in the industry has similar connectivity
                                                                                                       boxexchange.com.                                         fees.5 The Exchange also notes that
                                               to make available publicly. All
                                               submissions should refer to File                        II. Self-Regulatory Organization’s                       certain fees will continue to be assessed
                                               Number SR–MIAX–2018–16 and should                       Statement of the Purpose of, and                         by the datacenters and will be billed
                                               be submitted on or before August 23,                    Statutory Basis for, the Proposed Rule                   directly to the market participant.
                                               2018.                                                                                                               Next, the Exchange is amending
                                                                                                       Change
                                                                                                                                                                Section VI.C. High Speed Vendor Feed
                                                 For the Commission, by the Division of                                                                         (‘‘HSVF’’) of the Fee Schedule.
                                               Trading and Markets, pursuant to delegated                In its filing with the Commission, the
                                               authority.37                                            Exchange included statements                             Specifically, BOX is proposing to delete
                                                                                                       concerning the purpose of and basis for                  Section VI.C. and reclassify the HSVF
                                               Robert W. Errett,
                                                                                                       the proposed rule change and discussed                   Connection as a Port Fee. The Exchange
                                               Deputy Secretary.                                                                                                believes this reclassification is more
                                               [FR Doc. 2018–16528 Filed 8–1–18; 8:45 am]
                                                                                                       any comments it received on the
                                                                                                       proposed rule change. The text of these                  accurate, as HSVF subscription is not
                                               BILLING CODE 8011–01–P
                                                                                                       statements may be examined at the                        dependent on a physical connection to
                                                                                                       places specified in Item IV below. The                   the Exchange. Instead, subscribers must
                                                                                                       Exchange has prepared summaries, set                     be credentialed by BOX to receive the
                                               SECURITIES AND EXCHANGE                                                                                          HSVF. The HSVF Fee will remain
                                               COMMISSION                                              forth in Sections A, B, and C below, of
                                                                                                                                                                unchanged, BOX will assess a HSVF
                                                                                                       the most significant aspects of such
                                               [Release No. 34–83728; File No. SR–BOX–                                                                          Port Fee of $1,500 per month 6 for each
                                               2018–24]                                                statements.
                                                                                                                                                                month a Participant or non-Participant
                                                                                                       A. Self-Regulatory Organization’s                        is credentialed to use the HSVF Port.
                                               Self-Regulatory Organizations; BOX                      Statement of the Purpose of, and                         The Exchange notes that another
                                               Options Exchange LLC; Notice of
                                                                                                       Statutory Basis for, the Proposed Rule
                                               Filing and Immediate Effectiveness of                                                                              5 See Miami International Securities Exchange
                                                                                                       Change
                                               a Proposed Rule Change To Amend                                                                                  LLC (‘‘MIAX’’) Fee Schedule. MIAX charges its
                                               the Fee Schedule on the BOX Market                      1. Purpose                                               Members and non-Members a monthly fee of $1,100
                                               LLC (‘‘BOX’’) Options Facility To                                                                                for each 1 Gigabit connection and $5,500 for each
                                                                                                         The Exchange proposes to amend                         10 Gigabit connection to MIAX’s Primary/
                                               Establish BOX Connectivity Fees for                                                                              Secondary Facility. The Exchange notes a minor
                                               Participants and Non-Participants Who                   Section VI. (Technology Fees) of the                     difference between MIAX’s connectivity fees and
                                               Connect to the BOX Network                              BOX Fee Schedule to establish BOX                        BOX’s proposal. MIAX prorates their connectivity
                                                                                                       Connectivity Fees for Participants and                   fees when a Member makes a change to their
                                               July 27, 2018.                                                                                                   connectivity (by adding or deleting connections).
                                                                                                       non-Participants who connect to the                      BOX notes that, like the Exchange’s Port Fees and
                                                  Pursuant to Section 19(b)(1) of the                  BOX network. Connectivity fees will be                   HSVF Fees, Participants or non-Participants
                                               Securities Exchange Act of 1934 (the
                                                                                                       based upon the amount of bandwidth                       connected as of the last trading day of each calendar
                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                           month will be charged the applicable Connectivity
                                                                                                       that will be used by the Participant or
                                               notice is hereby given that on July 19,                                                                          Fee for that month.
                                                                                                       non-Participant. Further, BOX
                                               2018, BOX Options Exchange LLC (the                                                                                6 The Exchange notes that with the proposed

                                               ‘‘Exchange’’) filed with the Securities                 Participants or non-Participants                         change discussed herein, Participants and non-
                                               and Exchange Commission                                 connected as of the last trading day of                  Participants credentialed to use the HSVF Port who
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       each calendar month will be charged the                  also have physical connections to the BOX system
                                               (‘‘Commission’’) the proposed rule                                                                               will be charged for both the HSVF monthly fee and
                                               change as described in Items I, II, and                 applicable Connectivity Fee for that                     the applicable amount for their physical
                                               III below, which Items have been                        month. The Connectivity Fees will be as                  connections to BOX. For example, if non-
                                                                                                       follows:                                                 Participant X is credentialed to use the HSVF Port
                                                                                                                                                                and has three (3) physical non-10Gb connections to
                                                 37 17 CFR 200.30–3(a)(12).                                                                                     BOX, non-Participant X will be charged $1,500 for
                                                 1 15 U.S.C. 78s(b)(1).                                  3 15   U.S.C. 78s(b)(3)(A)(ii).                        the monthly HSVF Port Fee and $3,000 for the three
                                                 2 17 CFR 240.19b–4.                                     4 17   CFR 240.19b–4(f)(2).                            non-10Gb physical connections to BOX.



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                                               37854                         Federal Register / Vol. 83, No. 149 / Thursday, August 2, 2018 / Notices

                                               exchange in the industry charges similar                 expenditures made by the Exchange in                  including whether the proposed rule
                                               fees.7                                                   order to offer such services to                       change is consistent with the Act.
                                                                                                        Participants and non-Participants.                    Comments may be submitted by any of
                                               2. Statutory Basis
                                                                                                                                                              the following methods:
                                                  The Exchange believes that the                        B. Self-Regulatory Organization’s
                                               proposal is consistent with the                          Statement on Burden on Competition                    Electronic Comments
                                               requirements of Section 6(b) of the Act,                    The Exchange does not believe that                   • Use the Commission’s internet
                                               in general, and Section 6(b)(4) and                      the proposed rule change will impose                  comment form (http://www.sec.gov/
                                               6(b)(5)of the Act,8 in particular, in that               any burden on competition not                         rules/sro.shtml); or
                                               it provides for the equitable allocation                 necessary or appropriate in furtherance                 • Send an email to rule-comments@
                                               of reasonable dues, fees, and other                      of the purposes of the Act. Unilateral                sec.gov. Please include File Number SR–
                                               charges among BOX Participants and                       action by BOX in establishing fees for                BOX–2018–24 on the subject line.
                                               other persons using its facilities and                   services provided to its Participants and
                                               does not unfairly discriminate between                                                                         Paper Comments
                                                                                                        others using its facilities will not have
                                               customers, issuers, brokers or dealers.                  an impact on competition. As a small                     • Send paper comments in triplicate
                                                  The Exchange believes that the                        Exchange in the already highly                        to Secretary, Securities and Exchange
                                               proposed Connectivity Fees in general                    competitive environment for options                   Commission, 100 F Street NE,
                                               constitute an equitable allocation of                    trading, BOX does not have the market                 Washington, DC 20549–1090.
                                               fees, and are not unfairly                               power necessary to set prices for                     All submissions should refer to File
                                               discriminatory, because they allow the                   services that are unreasonable or                     Number SR–BOX–2018–24. This file
                                               Exchange to recover costs associated                     unfairly discriminatory in violation of               number should be included on the
                                               with offering access through the                         the Exchange Act. BOX’s proposed fees,                subject line if email is used. To help the
                                               network connections. The proposed                        as described herein, are comparable to                Commission process and review your
                                               Connectivity Fees are also expected to                   and generally lower than fees charged                 comments more efficiently, please use
                                               offset the costs BOX incurs in                           by other options exchanges for the same               only one method. The Commission will
                                               maintaining, and implementing ongoing                    or similar services. Lastly, the Exchange             post all comments on the Commission’s
                                               improvements to the trading systems,                     believes the proposed change will not                 internet website (http://www.sec.gov/
                                               including connectivity costs, costs                      impose a burden on intramarket                        rules/sro.shtml). Copies of the
                                               incurred on software and hardware                        competition as the proposed fees are                  submission, all subsequent
                                               enhancements and resources dedicated                     applicable to all Participants and others             amendments, all written statements
                                               to software development, quality                         using its facilities that connect to BOX.             with respect to the proposed rule
                                               assurance, and technology support. The                                                                         change that are filed with the
                                               Exchange believes that its proposed fees                 C. Self-Regulatory Organization’s                     Commission, and all written
                                               are reasonable in that they are                          Statement on Comments on the                          communications relating to the
                                               competitive with those charged by                        Proposed Rule Change Received From                    proposed rule change between the
                                               another exchange. Further, the                           Members, Participants, or Others                      Commission and any person, other than
                                               Exchange believes that the proposed                        No written comments were either                     those that may be withheld from the
                                               Connectivity Fees are not unfairly                       solicited or received.                                public in accordance with the
                                               discriminatory as they are assessed to                                                                         provisions of 5 U.S.C. 552, will be
                                               all market participants who wish to                      III. Date of Effectiveness of the
                                                                                                                                                              available for website viewing and
                                               connect to the BOX network.                              Proposed Rule Change and Timing for
                                                                                                                                                              printing in the Commission’s Public
                                                  The Exchange believes that the                        Commission Action
                                                                                                                                                              Reference Room, 100 F Street NE,
                                               proposed HSVF Port Fee is reasonable                        The foregoing rule change has become               Washington, DC 20549 on official
                                               as it is similar to fees assessed at                     effective pursuant to Section                         business days between the hours of
                                               another exchange in the industry.9                       19(b)(3)(A)(ii) of the Exchange Act 11                10:00 a.m. and 3:00 p.m. Copies of such
                                               Further, the Exchange believes that                      and Rule 19b–4(f)(2) thereunder,12                    filing also will be available for
                                               charging Participants and non-                           because it establishes or changes a due,              inspection and copying at the principal
                                               Participants for both the HSVF monthly                   or fee.                                               office of the Exchange. All comments
                                               fee and applicable physical connection                      At any time within 60 days of the                  received will be posted without change.
                                               fees as outlined in the example above is                 filing of the proposed rule change, the               Persons submitting comments are
                                               reasonable as it is in line with another                 Commission summarily may                              cautioned that we do not redact or edit
                                               exchange in the industry.10 Further, the                 temporarily suspend the rule change if                personal identifying information from
                                               Exchange believes that the proposed                      it appears to the Commission that the                 comment submissions. You should
                                               change is equitable and not unfairly                     action is necessary or appropriate in the             submit only information that you wish
                                               discriminatory because it allows the                     public interest, for the protection of                to make available publicly. All
                                               Exchange to recoup ongoing                               investors, or would otherwise further                 submissions should refer to File
                                                                                                        the purposes of the Act. If the                       Number SR–BOX–2018–24, and should
                                                 7 See Cboe Data Services, LLC. (‘‘Cboe CDS’’) Fee      Commission takes such action, the                     be submitted on or before August 23,
                                               Schedule. Cboe CDS charges its Customers that            Commission shall institute proceedings
                                               receive data through a direct connection to CDS or                                                             2018.
                                               through a connection to CDS provided by an
                                                                                                        to determine whether the proposed rule
                                                                                                                                                                For the Commission, by the Division of
                                               extranet provider $500 per port per month. Cboe          should be approved or disapproved.
                                                                                                                                                              Trading and Markets, pursuant to delegated
                                               CDS’s port fee applies to receipt of any Cboe
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                        IV. Solicitation of Comments                          authority.13
                                               Options data feed but is only assessed once per data
                                               port. In addition to the data port fee, Cboe Exchange      Interested persons are invited to                   Robert W. Errett,
                                               Inc. (‘‘Cboe’’) charges connectivity fees based on the                                                         Deputy Secretary.
                                               bandwidth used to connect to the Exchange to             submit written data, views, and
                                               receive such data. See Cboe Fee Schedule.                arguments concerning the foregoing,                   [FR Doc. 2018–16531 Filed 8–1–18; 8:45 am]
                                                 8 15 U.S.C. 78f(b)(4) and (5).                                                                               BILLING CODE 8011–01–P
                                                 9 See supra note 7.                                     11 15 U.S.C. 78s(b)(3)(A)(ii).
                                                 10 Id.                                                  12 17 CFR 240.19b–4(f)(2).                             13 17   CFR 200.30–3(a)(12).



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Document Created: 2018-08-02 01:28:43
Document Modified: 2018-08-02 01:28:43
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 37853 

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