83_FR_50616 83 FR 50422 - Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule on the BOX Options Market LLC Facility To Revise Certain Qualification Thresholds and Fees in Sections I.B.1, Primary Improvement Order, and I.B.2, BOX Volume Rebate

83 FR 50422 - Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule on the BOX Options Market LLC Facility To Revise Certain Qualification Thresholds and Fees in Sections I.B.1, Primary Improvement Order, and I.B.2, BOX Volume Rebate

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 194 (October 5, 2018)

Page Range50422-50425
FR Document2018-21683

Federal Register, Volume 83 Issue 194 (Friday, October 5, 2018)
[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Notices]
[Pages 50422-50425]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21683]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84323; File No. SR-BOX-2018-33]


Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing 
and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee 
Schedule on the BOX Options Market LLC Facility To Revise Certain 
Qualification Thresholds and Fees in Sections I.B.1, Primary 
Improvement Order, and I.B.2, BOX Volume Rebate

October 1, 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 September 20, 2018, BOX 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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. Changes to the fee 
schedule pursuant to this proposal will be effective upon filing. 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

[[Page 50423]]

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 the Fee Schedule on BOX. 
Specifically, the Exchange proposes to revise certain qualification 
thresholds and fees in Sections I.B.1 of the BOX Fee Schedule, Primary 
Improvement Order and I.B.2 of the BOX Fee Schedule, the BOX Volume 
Rebate (``BVR'').
Primary Improvement Order
    Under the tiered fee schedule for Primary Improvement Orders, the 
Exchange assesses a per contract execution fee to all Primary 
Improvement Order executions where the corresponding PIP or COPIP Order 
is from the account of a Public Customer. Percentage thresholds are 
calculated on a monthly basis by totaling the Initiating Participant's 
Primary Improvement Order volume submitted to BOX, relative to the 
total national Customer volume in multiply-listed options classes. The 
current tiered fee schedule for Primary Improvement Orders is as 
follows:

------------------------------------------------------------------------
                                  Percentage thresholds
                                   of national customer    Per contract
              Tier                 volume in multiply-       fee  (all
                                  listed options classes      account
                                        (monthly)             types)
------------------------------------------------------------------------
1..............................  0.000%-0.079%..........           $0.25
2..............................  0.080%-0.159%..........            0.20
3..............................  0.160%-0.499%..........            0.12
4..............................  0.500% and Above.......            0.02
------------------------------------------------------------------------

    The Exchange proposes to adjust the percentage thresholds in Tiers 
1 through 4. Additionally, the Exchange proposes to decrease the fees 
associated with Tiers 2 and 3 from $0.20 to $0.12 and $0.12 to $0.07, 
respectively. The new tiered fee schedule for Primary Improvement 
Orders will be as follows:

------------------------------------------------------------------------
                                  Percentage thresholds
                                   of national customer    Per contract
              Tier                 volume in multiply-       fee  (all
                                  listed options classes      account
                                        (monthly)             types)
------------------------------------------------------------------------
1..............................  0.000%-0.049%..........           $0.25
2..............................  0.050%-0.129%..........            0.12
3..............................  0.130%-0.449%..........            0.07
4..............................  0.450% and Above.......            0.02
------------------------------------------------------------------------

BVR
    Next, the Exchange proposes to adjust certain percentage thresholds 
and fees within the BVR. Under the BVR, the Exchange offers a tiered 
per contract rebate for all Public Customer PIP Orders and COPIP Orders 
of 250 and under contracts that do not trade solely with their contra 
order. Percentage thresholds are calculated on a monthly basis by 
totaling the Participant's PIP and COPIP volume submitted to BOX, 
relative to the total national Customer volume in multiply-listed 
options classes. The current fee schedule for all Public Customer PIP 
and COPIP Order of 250 and under contracts that do not trade solely 
with their contra order is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                     Per contract rebate  (all
                                              Percentage thresholds of national           account  types)
                    Tier                      customer volume in multiply-listed -------------------------------
                                                  options classes  (monthly)            PIP            COPIP
----------------------------------------------------------------------------------------------------------------
1..........................................  0.000% to 0.159%...................         ($0.00)         ($0.00)
2..........................................  0.160% to 0.339%...................          (0.02)          (0.02)
3..........................................  0.340% to 0.499%...................          (0.04)          (0.04)
4..........................................  0.500% and Above...................          (0.11)          (0.08)
----------------------------------------------------------------------------------------------------------------

    The Exchange proposes to adjust the percentage thresholds in Tiers 
1 through 4. Additionally, the Exchange proposes to increase the per 
contract rebates in Tier 2, Tier 3 and Tier 4. Specifically, the 
Exchange proposes to increase the per contract rebate for Tier 2 to 
$0.05 from $0.02 for PIP and COPIP Orders. Further, the Exchange 
proposes to increase the rebates in Tier 3 to $0.08 from $0.04 for PIP 
and COPIP Orders. Lastly, the Exchange is proposing to increase the per 
contract rebate for COPIP Orders in Tier 4 to $0.11 from $0.08. The new 
fee schedule for all Public Customer PIP and COPIP Orders of 250 and 
under contracts that do not trade solely with their contra order will 
be as follows:

[[Page 50424]]



----------------------------------------------------------------------------------------------------------------
                                                                                     Per contract rebate  (all
                                              Percentage thresholds of national           account  types)
                    Tier                      customer volume in multiply-listed -------------------------------
                                                  options classes  (monthly)            PIP            COPIP
----------------------------------------------------------------------------------------------------------------
1..........................................  0.000% to 0.049%...................         ($0.00)         ($0.00)
2..........................................  0.050% to 0.299%...................          (0.05)          (0.05)
3..........................................  0.300% to 0.449%...................          (0.08)          (0.08)
4..........................................  0.450% and Above...................          (0.11)          (0.11)
----------------------------------------------------------------------------------------------------------------

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,\5\ 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.
---------------------------------------------------------------------------

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

    BOX believes it is reasonable, equitable and not unfairly 
discriminatory to adjust the volume based thresholds and fees within 
the BOX Fee Schedule. The volume thresholds with their tiered fees and 
rebates are meant to incentivize Participants to direct order flow to 
the Exchange to obtain the benefit of the lower fee or higher rebate, 
which in turn benefits all market participants by increasing liquidity 
on the Exchange.
    The Exchange believes the proposed amendments to the Primary 
Improvement Order volume based thresholds are reasonable, equitable and 
not unfairly discriminatory. The proposed changes to the thresholds in 
Tiers 1 through 4 are equitable and not unfairly discriminatory as they 
are available to all BOX Participants that initiate Auction 
Transactions on the behalf of Public Customers, and Participants may 
choose whether or not to take advantage of the percentage thresholds 
and their applicable discounted fees. Further, the Exchange believes 
that the proposed changes to the thresholds in Tiers 1 through 4 are 
reasonable and competitive as they are intended to allow more 
Participants to qualify for the higher tiers, which the Exchange 
believes will incentivize Participants to direct order flow to the 
Exchange, in turn benefiting all market participants on the Exchange. 
The Exchange believes that the proposed amendments to the fees 
associated with Tiers 2 and 3 \6\ are reasonable and appropriate, as 
this Tiered Fee Schedule is in place to provide incentives to BOX 
Participants to submit their Public Customer Orders into the PIP for 
potential price improvement. These reduced fees combined with the lower 
threshold levels are meant to incentivize more Participants to submit 
Price Improvement Orders to the Exchange, which the Exchange believes 
will further incentivize Participants to direct order flow to the 
Exchange, in turn benefiting all market participants on the Exchange. 
The Exchange believes that the proposed thresholds and fees remain 
competitive when compared to the auction transaction fees on other 
exchanges.\7\
---------------------------------------------------------------------------

    \6\ The Exchange notes that the fees in Tiers 1 and 4 are not 
being changed.
    \7\ Comparative fees at other exchanges range from $0.02 to 
$0.20. See Section IV of the Phlx Pricing Schedule entitled ``PIXL 
Pricing''; Nasdaq ISE LLC (``ISE'') Schedule of Fees, Section I. 
Regular Order Fees and Rebates ``Select Symbols.''
---------------------------------------------------------------------------

    The Exchange also believes the proposed amendments to the BVR in 
Section I.B.2 of the BOX Fee Schedule are reasonable, equitable and not 
unfairly discriminatory. The BVR was adopted to attract Public Customer 
order flow to the Exchange by offering these Participants incentives to 
submit their Public Customer PIP and COPIP Orders to the Exchange and 
the Exchange believes it is appropriate to now amend the BVR. The 
Exchange believes it is equitable and not unfairly discriminatory to 
amend the BVR, as all Participants have the ability to qualify for a 
rebate, and rebates are provided equally to qualifying Participants. 
Other exchanges employ similar incentive programs; \8\ and the Exchange 
believes that the proposed changes to the volume thresholds and fees 
are reasonable and competitive when compared to incentive structures at 
other exchanges. Finally, the Exchange believes it is reasonable and 
appropriate to continue to provide incentives for Public Customers, 
which will result in greater liquidity and ultimately benefit all 
Participants trading on the Exchange.
---------------------------------------------------------------------------

    \8\ See Section B of the Nasdaq Phlx LLC Pricing Schedule 
entitled ``Customer Rebate Program'' and Cboe Exchange Inc. 
(``Cboe'') Volume Incentive Program (VIP).
---------------------------------------------------------------------------

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. The Exchange is simply 
proposing to amend certain percentage thresholds and fees for Auction 
Transaction fees and rebates in the BOX Fee Schedule. The Exchange 
believes that the volume based rebates and fees increase intermarket 
and intramarket competition by incenting Participants to direct their 
order flow to the exchange, which benefits all participants by 
providing more trading opportunities and improves competition on the 
Exchange.

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 \9\ and Rule 19b-4(f)(2) 
thereunder,\10\ because it establishes or changes a due, or fee.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 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.

[[Page 50425]]

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-2018-33 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-2018-33. 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-2018-33, and should be submitted on 
or before October 26, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-21683 Filed 10-4-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               50422                           Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices

                                                  A proposed rule change filed                          Paper Comments                                        SECURITIES AND EXCHANGE
                                               pursuant to Rule 19b–4(f)(6) under the                                                                         COMMISSION
                                               Act 59 normally does not become                            • Send paper comments in triplicate
                                                                                                        to Secretary, Securities and Exchange                 [Release No. 34–84323; File No. SR–BOX–
                                               operative for 30 days after the date of its                                                                    2018–33]
                                               filing. However, Rule 19b–4(f)(6)(iii) 60                Commission, 100 F Street NE,
                                               permits the Commission to designate a                    Washington, DC 20549–1090.                            Self-Regulatory Organizations; BOX
                                               shorter time if such action is consistent                All submissions should refer to File                  Exchange LLC; Notice of Filing and
                                               with the protection of investors and the                 Number SR–CboeEDGX–2018–041. This                     Immediate Effectiveness of a Proposed
                                               public interest. The Exchange has                        file number should be included on the                 Rule Change To Amend the Fee
                                               requested that the Commission waive                                                                            Schedule on the BOX Options Market
                                                                                                        subject line if email is used. To help the
                                               the 30-day operative delay so that the                                                                         LLC Facility To Revise Certain
                                                                                                        Commission process and review your
                                               proposed rule change may become                                                                                Qualification Thresholds and Fees in
                                               operative upon filing, noting that use of                comments more efficiently, please use
                                                                                                        only one method. The Commission will                  Sections I.B.1, Primary Improvement
                                               MDOs on the Exchange is optional,                                                                              Order, and I.B.2, BOX Volume Rebate
                                               similar functionality is already offered                 post all comments on the Commission’s
                                               by other market centers, and operative                   internet website (http://www.sec.gov/                 October 1, 2018.
                                               delay waiver would allow the Exchange                    rules/sro.shtml). Copies of the                          Pursuant to Section 19(b)(1) of the
                                               to make the proposed functionality                       submission, all subsequent                            Securities Exchange Act of 1934
                                               available to Exchange Users more                         amendments, all written statements                    (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               promptly. The Commission believes that                   with respect to the proposed rule                     notice is hereby given that on
                                               waiver of the 30-day operative delay is                  change that are filed with the                        September 20, 2018, BOX Exchange LLC
                                               consistent with the protection of                        Commission, and all written                           (the ‘‘Exchange’’) filed with the
                                               investors and the public interest.                       communications relating to the                        Securities and Exchange Commission
                                               Accordingly, the Commission hereby                       proposed rule change between the                      (‘‘Commission’’) the proposed rule
                                               waives the operative delay and                           Commission and any person, other than                 change as described in Items I, II, and
                                               designates the proposed rule change                      those that may be withheld from the                   III below, which Items have been
                                               operative upon filing.61                                 public in accordance with the                         prepared by the Exchange. The
                                                  At any time within 60 days of the                     provisions of 5 U.S.C. 552, will be                   Exchange filed the proposed rule change
                                               filing of the proposed rule change, the                  available for website viewing and                     pursuant to Section 19(b)(3)(A)(ii) of the
                                               Commission summarily may                                 printing in the Commission’s Public                   Act,3 and Rule 19b–4(f)(2) thereunder,4
                                               temporarily suspend such rule change if                  Reference Room, 100 F Street NE,                      which renders the proposal effective
                                               it appears to the Commission that such                                                                         upon filing with the Commission. The
                                                                                                        Washington, DC 20549 on official
                                               action is necessary or appropriate in the                                                                      Commission is publishing this notice to
                                                                                                        business days between the hours of
                                               public interest, for the protection of                                                                         solicit comments on the proposed rule
                                                                                                        10:00 a.m. and 3:00 p.m. Copies of the
                                               investors, or otherwise in furtherance of                                                                      change from interested persons.
                                                                                                        filing also will be available for
                                               the purposes of the Act. If the                                                                                I. Self-Regulatory Organization’s
                                                                                                        inspection and copying at the principal
                                               Commission takes such action, the                                                                              Statement of the Terms of the Substance
                                                                                                        office of the Exchange. All comments
                                               Commission shall institute proceedings                                                                         of the Proposed Rule Change
                                               to determine whether the proposed rule                   received will be posted without change.
                                               change should be approved or                             Persons submitting comments are                          The Exchange is filing with the
                                               disapproved.                                             cautioned that we do not redact or edit               Securities and Exchange Commission
                                                                                                        personal identifying information from                 (‘‘Commission’’) a proposed rule change
                                               IV. Solicitation of Comments                             comment submissions. You should                       to amend the Fee Schedule on the BOX
                                                 Interested persons are invited to                      submit only information that you wish                 Market LLC (‘‘BOX’’) options facility.
                                               submit written data, views, and                          to make available publicly. All                       Changes to the fee schedule pursuant to
                                               arguments concerning the foregoing,                      submissions should refer to File                      this proposal will be effective upon
                                               including whether the proposed rule                      Number SR–CboeEDGX–2018–041, and                      filing. The text of the proposed rule
                                               change is consistent with the Act.                       should be submitted on or before                      change is available from the principal
                                               Comments may be submitted by any of                      October 26, 2018.                                     office of the Exchange, at the
                                               the following methods:                                                                                         Commission’s Public Reference Room
                                                                                                          For the Commission, by the Division of              and also on the Exchange’s internet
                                               Electronic Comments                                      Trading and Markets, pursuant to delegated            website at http://boxexchange.com.
                                                                                                        authority.62
                                                  • Use the Commission’s internet                                                                             II. Self-Regulatory Organization’s
                                               comment form (http://www.sec.gov/                        Eduardo A. Aleman,
                                                                                                                                                              Statement of the Purpose of, and
                                               rules/sro.shtml); or                                     Assistant Secretary.
                                                                                                                                                              Statutory Basis for, the Proposed Rule
                                                  • Send an email to rule-comments@                     [FR Doc. 2018–21680 Filed 10–4–18; 8:45 am]
                                                                                                                                                              Change
                                               sec.gov. Please include File Number SR–                  BILLING CODE 8011–01–P
                                               CboeEDGX–2018–041 on the subject                                                                                  In its filing with the Commission, the
                                               line.                                                                                                          Exchange included statements
                                                                                                                                                              concerning the purpose of and basis for
                                               change, at least five business days prior to the date                                                          the proposed rule change and discussed
                                               of filing of the proposed rule change, or such                                                                 any comments it received on the
daltland on DSKBBV9HB2PROD with NOTICES




                                               shorter time as designated by the Commission.                                                                  proposed rule change. The text of these
                                                  59 17 CFR 240.19b–4(f)(6).
                                                  60 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                              statements may be examined at the
                                                  61 For purposes only of waiving the 30-day
                                                                                                                                                                1 15 U.S.C. 78s(b)(1).
                                               operative delay, the Commission also has
                                                                                                                                                                2 17 CFR 240.19b–4.
                                               considered the proposed rule’s impact on
                                                                                                                                                                3 15 U.S.C. 78s(b)(3)(A)(ii).
                                               efficiency, competition, and capital formation. See
                                               15 U.S.C. 78c(f).                                          62 17   CFR 200.30–3(a)(12).                          4 17 CFR 240.19b–4(f)(2).




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                                                                                             Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices                                                                                    50423

                                               places specified in Item IV below. The                                        Exchange proposes to revise certain                                       the corresponding PIP or COPIP Order
                                               Exchange has prepared summaries, set                                          qualification thresholds and fees in                                      is from the account of a Public
                                               forth in Sections A, B, and C below, of                                       Sections I.B.1 of the BOX Fee Schedule,                                   Customer. Percentage thresholds are
                                               the most significant aspects of such                                          Primary Improvement Order and I.B.2 of                                    calculated on a monthly basis by
                                               statements.                                                                   the BOX Fee Schedule, the BOX Volume                                      totaling the Initiating Participant’s
                                               A. Self-Regulatory Organization’s                                             Rebate (‘‘BVR’’).                                                         Primary Improvement Order volume
                                               Statement of the Purpose of, and                                              Primary Improvement Order                                                 submitted to BOX, relative to the total
                                               Statutory Basis for, the Proposed Rule                                                                                                                  national Customer volume in multiply-
                                               Change                                                                          Under the tiered fee schedule for                                       listed options classes. The current tiered
                                                                                                                             Primary Improvement Orders, the                                           fee schedule for Primary Improvement
                                               1. Purpose                                                                    Exchange assesses a per contract                                          Orders is as follows:
                                                  The Exchange proposes to amend the                                         execution fee to all Primary
                                               Fee Schedule on BOX. Specifically, the                                        Improvement Order executions where

                                                                                                                                                                                                                                                    Per contract
                                                                                                        Percentage thresholds of national customer volume in multiply-listed options classes                                                              fee
                                                                Tier                                                                         (monthly)                                                                                              (all account
                                                                                                                                                                                                                                                        types)

                                               1   .....................................     0.000%–0.079% ......................................................................................................................................          $0.25
                                               2   .....................................     0.080%–0.159% ......................................................................................................................................           0.20
                                               3   .....................................     0.160%–0.499% ......................................................................................................................................           0.12
                                               4   .....................................     0.500% and Above ..................................................................................................................................            0.02



                                                  The Exchange proposes to adjust the                                        to decrease the fees associated with                                      tiered fee schedule for Primary
                                               percentage thresholds in Tiers 1 through                                      Tiers 2 and 3 from $0.20 to $0.12 and                                     Improvement Orders will be as follows:
                                               4. Additionally, the Exchange proposes                                        $0.12 to $0.07, respectively. The new

                                                                                                                                                                                                                                                    Per contract
                                                                                                        Percentage thresholds of national customer volume in multiply-listed options classes                                                              fee
                                                                Tier                                                                         (monthly)                                                                                              (all account
                                                                                                                                                                                                                                                        types)

                                               1   .....................................     0.000%–0.049% ......................................................................................................................................          $0.25
                                               2   .....................................     0.050%–0.129% ......................................................................................................................................           0.12
                                               3   .....................................     0.130%–0.449% ......................................................................................................................................           0.07
                                               4   .....................................     0.450% and Above ..................................................................................................................................            0.02



                                               BVR                                                                           Orders and COPIP Orders of 250 and                                        volume in multiply-listed options
                                                                                                                             under contracts that do not trade solely                                  classes. The current fee schedule for all
                                                 Next, the Exchange proposes to adjust                                       with their contra order. Percentage                                       Public Customer PIP and COPIP Order
                                               certain percentage thresholds and fees                                        thresholds are calculated on a monthly                                    of 250 and under contracts that do not
                                               within the BVR. Under the BVR, the                                            basis by totaling the Participant’s PIP                                   trade solely with their contra order is as
                                               Exchange offers a tiered per contract                                         and COPIP volume submitted to BOX,                                        follows:
                                               rebate for all Public Customer PIP                                            relative to the total national Customer

                                                                                                                                                                                                                                   Per contract rebate
                                                                                                                                                                                                                                      (all account
                                                                                           Percentage thresholds of national customer volume in multiply-listed options classes
                                                              Tier                                                                                                                                                                        types)
                                                                                                                                (monthly)
                                                                                                                                                                                                                                   PIP                COPIP

                                               1   ................................   0.000%        to 0.159% ............................................................................................................            ($0.00)             ($0.00)
                                               2   ................................   0.160%        to 0.339% ............................................................................................................             (0.02)              (0.02)
                                               3   ................................   0.340%        to 0.499% ............................................................................................................             (0.04)              (0.04)
                                               4   ................................   0.500%        and Above ...........................................................................................................              (0.11)              (0.08)



                                                  The Exchange proposes to adjust the                                        from $0.02 for PIP and COPIP Orders.                                      $0.08. The new fee schedule for all
                                               percentage thresholds in Tiers 1 through                                      Further, the Exchange proposes to                                         Public Customer PIP and COPIP Orders
                                               4. Additionally, the Exchange proposes                                        increase the rebates in Tier 3 to $0.08                                   of 250 and under contracts that do not
                                               to increase the per contract rebates in                                       from $0.04 for PIP and COPIP Orders.                                      trade solely with their contra order will
daltland on DSKBBV9HB2PROD with NOTICES




                                               Tier 2, Tier 3 and Tier 4. Specifically,                                      Lastly, the Exchange is proposing to                                      be as follows:
                                               the Exchange proposes to increase the                                         increase the per contract rebate for
                                               per contract rebate for Tier 2 to $0.05                                       COPIP Orders in Tier 4 to $0.11 from




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                                               50424                                    Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices

                                                                                                                                                                                                                             Per contract rebate
                                                                                                                                                                                                                                (all account
                                                                                      Percentage thresholds of national customer volume in multiply-listed options classes
                                                              Tier                                                                                                                                                                  types)
                                                                                                                           (monthly)
                                                                                                                                                                                                                             PIP            COPIP

                                               1   ................................   0.000%   to 0.049% ............................................................................................................           ($0.00)            ($0.00)
                                               2   ................................   0.050%   to 0.299% ............................................................................................................            (0.05)             (0.05)
                                               3   ................................   0.300%   to 0.449% ............................................................................................................            (0.08)             (0.08)
                                               4   ................................   0.450%   and Above ...........................................................................................................             (0.11)             (0.11)



                                               2. Statutory Basis                                                       Participants to submit their Public                                       B. Self-Regulatory Organization’s
                                                  The Exchange believes that the                                        Customer Orders into the PIP for                                          Statement on Burden on Competition
                                               proposal is consistent with the                                          potential price improvement. These                                          The Exchange does not believe that
                                               requirements of Section 6(b) of the Act,                                 reduced fees combined with the lower                                      the proposed rule change will impose
                                               in general, and Section 6(b)(4) and                                      threshold levels are meant to incentivize                                 any burden on competition not
                                               6(b)(5) of the Act,5 in particular, in that                              more Participants to submit Price                                         necessary or appropriate in furtherance
                                               it provides for the equitable allocation                                 Improvement Orders to the Exchange,                                       of the purposes of the Act. The
                                               of reasonable dues, fees, and other                                      which the Exchange believes will                                          Exchange is simply proposing to amend
                                               charges among BOX Participants and                                       further incentivize Participants to direct                                certain percentage thresholds and fees
                                               other persons using its facilities and                                   order flow to the Exchange, in turn                                       for Auction Transaction fees and rebates
                                               does not unfairly discriminate between                                   benefiting all market participants on the                                 in the BOX Fee Schedule. The Exchange
                                               customers, issuers, brokers or dealers.                                  Exchange. The Exchange believes that                                      believes that the volume based rebates
                                                  BOX believes it is reasonable,                                        the proposed thresholds and fees remain                                   and fees increase intermarket and
                                               equitable and not unfairly                                               competitive when compared to the                                          intramarket competition by incenting
                                               discriminatory to adjust the volume                                      auction transaction fees on other                                         Participants to direct their order flow to
                                               based thresholds and fees within the                                     exchanges.7                                                               the exchange, which benefits all
                                               BOX Fee Schedule. The volume                                                                                                                       participants by providing more trading
                                                                                                                           The Exchange also believes the                                         opportunities and improves competition
                                               thresholds with their tiered fees and
                                               rebates are meant to incentivize                                         proposed amendments to the BVR in                                         on the Exchange.
                                               Participants to direct order flow to the                                 Section I.B.2 of the BOX Fee Schedule
                                                                                                                        are reasonable, equitable and not                                         C. Self-Regulatory Organization’s
                                               Exchange to obtain the benefit of the                                                                                                              Statement on Comments on the
                                               lower fee or higher rebate, which in turn                                unfairly discriminatory. The BVR was
                                                                                                                                                                                                  Proposed Rule Change Received From
                                               benefits all market participants by                                      adopted to attract Public Customer order
                                                                                                                                                                                                  Members, Participants, or Others
                                               increasing liquidity on the Exchange.                                    flow to the Exchange by offering these
                                                                                                                        Participants incentives to submit their                                     No written comments were either
                                                  The Exchange believes the proposed
                                                                                                                        Public Customer PIP and COPIP Orders                                      solicited or received.
                                               amendments to the Primary
                                               Improvement Order volume based                                           to the Exchange and the Exchange                                          III. Date of Effectiveness of the
                                               thresholds are reasonable, equitable and                                 believes it is appropriate to now amend                                   Proposed Rule Change and Timing for
                                               not unfairly discriminatory. The                                         the BVR. The Exchange believes it is                                      Commission Action
                                               proposed changes to the thresholds in                                    equitable and not unfairly                                                   The foregoing rule change has become
                                               Tiers 1 through 4 are equitable and not                                  discriminatory to amend the BVR, as all                                   effective pursuant to Section
                                               unfairly discriminatory as they are                                      Participants have the ability to qualify                                  19(b)(3)(A)(ii) of the Exchange Act 9 and
                                               available to all BOX Participants that                                   for a rebate, and rebates are provided                                    Rule 19b–4(f)(2) thereunder,10 because
                                               initiate Auction Transactions on the                                     equally to qualifying Participants. Other                                 it establishes or changes a due, or fee.
                                               behalf of Public Customers, and                                          exchanges employ similar incentive                                           At any time within 60 days of the
                                               Participants may choose whether or not                                   programs; 8 and the Exchange believes                                     filing of the proposed rule change, the
                                               to take advantage of the percentage                                      that the proposed changes to the volume                                   Commission summarily may
                                               thresholds and their applicable                                          thresholds and fees are reasonable and                                    temporarily suspend the rule change if
                                               discounted fees. Further, the Exchange                                   competitive when compared to                                              it appears to the Commission that the
                                               believes that the proposed changes to                                    incentive structures at other exchanges.                                  action is necessary or appropriate in the
                                               the thresholds in Tiers 1 through 4 are                                  Finally, the Exchange believes it is                                      public interest, for the protection of
                                               reasonable and competitive as they are                                                                                                             investors, or would otherwise further
                                                                                                                        reasonable and appropriate to continue
                                               intended to allow more Participants to                                                                                                             the purposes of the Act. If the
                                                                                                                        to provide incentives for Public
                                               qualify for the higher tiers, which the                                                                                                            Commission takes such action, the
                                               Exchange believes will incentivize                                       Customers, which will result in greater
                                                                                                                                                                                                  Commission shall institute proceedings
                                               Participants to direct order flow to the                                 liquidity and ultimately benefit all
                                                                                                                                                                                                  to determine whether the proposed rule
                                               Exchange, in turn benefiting all market                                  Participants trading on the Exchange.                                     should be approved or disapproved.
                                               participants on the Exchange. The
                                                                                                                                                                                                  IV. Solicitation of Comments
                                               Exchange believes that the proposed                                         7 Comparative  fees at other exchanges range from                        Interested persons are invited to
                                               amendments to the fees associated with
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                                                                                                                        $0.02 to $0.20. See Section IV of the Phlx Pricing
                                               Tiers 2 and 3 6 are reasonable and                                                                                                                 submit written data, views, and
                                                                                                                        Schedule entitled ‘‘PIXL Pricing’’; Nasdaq ISE LLC
                                               appropriate, as this Tiered Fee Schedule                                 (‘‘ISE’’) Schedule of Fees, Section I. Regular Order                      arguments concerning the foregoing,
                                               is in place to provide incentives to BOX                                 Fees and Rebates ‘‘Select Symbols.’’                                      including whether the proposed rule
                                                                                                                           8 See Section B of the Nasdaq Phlx LLC Pricing                         change is consistent with the Act.
                                                   15 U.S.C. 78f(b)(4) and (5).
                                                   5                                                                    Schedule entitled ‘‘Customer Rebate Program’’ and
                                                   6 The                                                                Cboe Exchange Inc. (‘‘Cboe’’) Volume Incentive                               9 15   U.S.C. 78s(b)(3)(A)(ii).
                                                       Exchange notes that the fees in Tiers 1 and
                                               4 are not being changed.                                                 Program (VIP).                                                               10 17   CFR 240.19b–4(f)(2).



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                                                                                Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices                                                    50425

                                               Comments may be submitted by any of                       SECURITIES AND EXCHANGE                                A. Self-Regulatory Organization’s
                                               the following methods:                                    COMMISSION                                             Statement of the Purpose of, and
                                                                                                                                                                Statutory Basis for, the Proposed Rule
                                               Electronic Comments                                                                                              Change
                                                                                                         [Release No. 34–84328; File No. SR–
                                                 • Use the Commission’s internet                         NASDAQ–2018–077]                                       1. Purpose
                                               comment form (http://www.sec.gov/
                                                                                                                                                                   The Exchange is proposing to specify
                                               rules/sro.shtml); or                                      Self-Regulatory Organizations; The
                                                                                                                                                                that an Order 3 with a Minimum
                                                 • Send an email to rule-comments@                       Nasdaq Stock Market LLC; Notice of
                                                                                                                                                                Quantity Order Attribute 4 is ineligible
                                               sec.gov. Please include File Number SR–                   Filing and Immediate Effectiveness of                  to participate in the Nasdaq Opening,5
                                               BOX–2018–33 on the subject line.                          Proposed Rule Change to the Minimum                    Halt 6 or Closing 7 Crosses (collectively,
                                                                                                         Quantity Order Attribute                               the ‘‘Nasdaq Crosses’’) and is not
                                               Paper Comments
                                                                                                         October 1, 2018.                                       included in the calculation of the Cross
                                                 • Send paper comments in triplicate                                                                            price. Minimum Quantity is an Order
                                               to Secretary, Securities and Exchange                        Pursuant to Section 19(b)(1) of the                 Attribute that allows a Participant to
                                               Commission, 100 F Street NE,                              Securities Exchange Act of 1934                        provide that an Order will not execute
                                               Washington, DC 20549–1090.                                (‘‘Act’’),1 and Rule 19b–4 thereunder,2                unless a specified minimum quantity of
                                                                                                         notice is hereby given that on                         shares can be obtained. In 2011, the
                                               All submissions should refer to File                      September 19, 2018, The Nasdaq Stock                   Exchange amended its rules concerning
                                               Number SR–BOX–2018–33. This file                          Market LLC (‘‘Nasdaq’’ or ‘‘Exchange’’)                the Minimum Quantity Order Attribute
                                               number should be included on the                          filed with the Securities and Exchange                 to remove a restriction from the rule,
                                               subject line if email is used. To help the                Commission (‘‘Commission’’) the                        which only allowed Orders with a
                                               Commission process and review your                                                                               Minimum Quantity Order Attribute to
                                                                                                         proposed rule change as described in
                                               comments more efficiently, please use                                                                            immediately execute.8 Thus, the
                                                                                                         Items I and II below, which Items have
                                               only one method. The Commission will                                                                             proposed change allowed an Order with
                                                                                                         been prepared by the Exchange. The
                                               post all comments on the Commission’s                                                                            a Minimum Quantity Order Attribute to
                                               internet website (http://www.sec.gov/                     Commission is publishing this notice to
                                                                                                         solicit comments on the proposed rule                  post to the Nasdaq Book 9 if it is not able
                                               rules/sro.shtml). Copies of the                                                                                  to execute immediately and, once
                                               submission, all subsequent                                change from interested persons.
                                                                                                                                                                posted to the Nasdaq Book, the Order
                                               amendments, all written statements                        I. Self-Regulatory Organization’s                      would execute if an incoming Order that
                                               with respect to the proposed rule                         Statement of the Terms of Substance of                 is marketable against it would satisfy its
                                               change that are filed with the                            the Proposed Rule Change                               minimum quantity requirement.10 In
                                               Commission, and all written                                                                                      proposing the new Order Attribute, the
                                               communications relating to the                               The Exchange proposes to specify that               Exchange did not address participation
                                               proposed rule change between the                          an Order with a Minimum Quantity                       of the Order Attribute in the Nasdaq
                                               Commission and any person, other than                     Order Attribute is ineligible to                       Crosses; however, it never intended for
                                               those that may be withheld from the                       participate in the Nasdaq Opening, Halt                Orders with a Minimum Quantity Order
                                               public in accordance with the                             or Closing Crosses and is not included                 Attribute to participate in any of the
                                               provisions of 5 U.S.C. 552, will be                       in the calculation of the Cross price.                 Nasdaq Crosses. The Minimum Quantity
                                               available for website viewing and                                                                                Order Attribute allows market
                                               printing in the Commission’s Public                          The text of the proposed rule change
                                                                                                         is available on the Exchange’s website at              participants avoid transacting with
                                               Reference Room, 100 F Street NE,                                                                                 smaller Orders that they believe
                                               Washington, DC 20549 on official                          http://nasdaq.cchwallstreet.com, at the
                                               business days between the hours of                        principal office of the Exchange, and at                  3 The term ‘‘Order’’ means an instruction to trade

                                               10:00 a.m. and 3:00 p.m. Copies of such                   the Commission’s Public Reference                      a specified number of shares in a specified System
                                               filing also will be available for                         Room.                                                  Security submitted to the Nasdaq Market Center by
                                                                                                                                                                a Participant. An ‘‘Order Type’’ is a standardized
                                               inspection and copying at the principal                   II. Self-Regulatory Organization’s                     set of instructions associated with an Order that
                                               office of the Exchange. All comments                      Statement of the Purpose of, and                       define how it will behave with respect to pricing,
                                               received will be posted without change.                   Statutory Basis for, the Proposed Rule
                                                                                                                                                                execution, and/or posting to the Nasdaq Book when
                                               Persons submitting comments are                                                                                  submitted to Nasdaq. An ‘‘Order Attribute’’ is a
                                                                                                         Change                                                 further set of variable instructions that may be
                                               cautioned that we do not redact or edit                                                                          associated with an Order to further define how it
                                               personal identifying information from                       In its filing with the Commission, the               will behave with respect to pricing, execution, and/
                                               comment submissions. You should                           Exchange included statements                           or posting to the Nasdaq Book when submitted to
                                               submit only information that you wish                                                                            Nasdaq. The available Order Types and Order
                                                                                                         concerning the purpose of and basis for                Attributes, and the Order Attributes that may be
                                               to make available publicly. All                           the proposed rule change and discussed                 associated with particular Order Types, are
                                               submissions should refer to File                          any comments it received on the                        described in Rules 4702 and 4703. One or more
                                               Number SR–BOX–2018–33, and should                         proposed rule change. The text of these
                                                                                                                                                                Order Attributes may be assigned to a single Order;
                                               be submitted on or before October 26,                                                                            provided, however, that if the use of multiple Order
                                                                                                         statements may be examined at the                      Attributes would provide contradictory instructions
                                               2018.
                                                                                                         places specified in Item IV below. The                 to an Order, the System will reject the Order or
                                                 For the Commission, by the Division of                                                                         remove non-conforming Order Attributes. See Rule
                                                                                                         Exchange has prepared summaries, set                   4701(e).
                                               Trading and Markets, pursuant to delegated                forth in sections A, B, and C below, of                   4 Id.
                                               authority.11
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                                                                                                         the most significant aspects of such                      5 See Rule 4752.
                                               Eduardo A. Aleman,                                        statements.                                               6 See Rule 4753.

                                               Assistant Secretary.                                                                                                7 See Rule 4754.
                                                                                                                                                                   8 See Securities Exchange Act Release No. 65536
                                               [FR Doc. 2018–21683 Filed 10–4–18; 8:45 am]
                                                                                                                                                                (October 12, 2011), 76 FR 64411 (October 18, 2011)
                                               BILLING CODE 8011–01–P                                                                                           (SR–NASDAQ–2011–140).
                                                                                                           1 15   U.S.C. 78s(b)(1).                                9 See Rule 4701(a)(1).
                                                 11 17   CFR 200.30–3(a)(12).                              2 17   CFR 240.19b–4.                                   10 See note 8, supra.




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Document Created: 2018-10-05 01:53:19
Document Modified: 2018-10-05 01:53:19
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 50422 

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