83_FR_52483 83 FR 52283 - 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 (“BOX”) Facility To Adopt a New Rebate for Certain Manual Transactions Initiated From the Trading Floor

83 FR 52283 - 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 (“BOX”) Facility To Adopt a New Rebate for Certain Manual Transactions Initiated From the Trading Floor

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 200 (October 16, 2018)

Page Range52283-52285
FR Document2018-22424

Federal Register, Volume 83 Issue 200 (Tuesday, October 16, 2018)
[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Notices]
[Pages 52283-52285]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22424]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84391; File No. SR-BOX-2018-34]


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 (``BOX'') Facility To Adopt a 
New Rebate for Certain Manual Transactions Initiated From the Trading 
Floor

October 10, 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 September 27, 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

[[Page 52284]]

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 to 
amend the Fee Schedule on the BOX Options Market LLC (``BOX'') 
facility. While changes to the fee schedule pursuant to this proposal 
will be effective upon filing, the changes will become operative on 
October 1, 2018. The text of the proposed rule change is available from 
the principal office of the Exchange, at the Commission's Public 
Reference Room and also on the Exchange's internet website at http://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 the Fee Schedule for trading on BOX 
to adopt a new rebate for manual transactions initiated from the 
Trading Floor. Specifically, the Exchange proposes that on each trading 
day, Floor Brokers will be eligible to receive a $500 rebate for 
presenting certain Strategy QOO Orders on the Trading Floor.\5\ The 
rebate will be applied once the current $1,000 Fee Cap for all 
reversal, conversion, jelly roll, and box spread strategies \6\ is 
met.\7\
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    \5\ Eligibility to receive the $500 rebate relies on the Floor 
Broker's customer reaching the $1,000 Strategy Order Fee Cap each 
trading day.
    \6\ A ``reversal strategy'' is established by combining a short 
security position with a short put and a long call position that 
shares the same strike and expiration. A ``conversion strategy'' is 
established by combining a long position in the underlying security 
with a long put and a short call position that shares the same 
strike and expiration. A ``jelly roll strategy'' is created by 
entering into two separate positions simultaneously. One position 
involves buying a put and selling a call with the same strike price 
and expiration. The second position involves selling a put and 
buying a call, with the same strike price, but with a different 
expiration from the first position. A ``box spread strategy'' is a 
strategy that synthesizes long and short stock positions to create a 
profit. Specifically, a long call and short put at one strike is 
combined with a short call and long put at a different strike to 
create synthetic long and synthetic short stock positions, 
respectively.
    \7\ The $1,000 Fee Cap is applied to customer orders sent to a 
Floor Broker on the BOX Trading Floor. For example, when Customer A 
sends certain Strategy QOO Orders to Floor Broker 1 on the Trading 
Floor, Customer A's fees for these orders will be capped at $1,000 
per day. If Customer A reaches the $1,000 Fee Cap, Floor Broker 1, 
who entered these orders on behalf of Customer A into the BOX 
system, will receive the $500 rebate. Customer B may also send 
certain Strategy QOO Orders to Floor Broker 1 for execution on the 
BOX Trading Floor. Customer B's fees for these orders will also be 
capped at $1,000 per day and Floor Broker 1, who entered these 
orders, will receive the $500 rebate if Customer B reaches the 
$1,000 daily Fee Cap.
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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 Strategy QOO Order Rebate 
is reasonable, equitable and not unfairly discriminatory. The Exchange 
believes the proposed rebate is reasonable when compared to rebates 
assessed at another options exchange.\9\ Further, the Exchange believes 
that offering the proposed rebate will allow Floor Brokers to price 
their services at a level that would enable them to attract this 
Strategy QOO order flow to the BOX Trading Floor. As such, the Exchange 
believes that the proposed rebate is reasonable.
---------------------------------------------------------------------------

    \9\ See Cboe Exchange Inc. (``Cboe'') Fee Schedule Footnote 25. 
At Cboe, Floor Brokers that execute an average of 15,000 customer 
and/or professional customer and voluntary professional open-outcry 
contracts per day over the course of a calendar month in certain 
underlying symbols will receive a rebate of $9,000 on the Floor 
Broker's Trading Permit Fees. The Exchange believes that the 
proposed rebate is similar as Floor Brokers on the BOX Trading Floor 
may only receive the proposed $500 rebate once its customer sends 
enough Strategy QOO volume to reach the $1,000 Fee Cap. For example, 
if Floor Broker 1 executes 4,000 Strategy QOO Order contracts per 
day for Customer A discussed above, Customer A will meet the $1,000 
Fee Cap and Floor Broker 1 will receive the $500 rebate. If instead, 
Floor Broker 1 only executes 2,000 Strategy QOO Order contracts on 
behalf of Customer A, Customer A will not reach the $1,000 Fee Cap 
and Floor Broker 1 will not receive the $500 rebate. In other words, 
the rebate ultimately relies on Strategy QOO order volume submitted 
by Floor Brokers on the Trading Floor much like the rebate at Cboe 
discussed above. The Exchange notes that the proposed rebate will go 
directly to the Floor Broker and not offset their Floor Broker fees 
like the rebate at Cboe. The Exchange believes that this difference 
is minor, as the Floor Broker is receiving a rebate based on 
customer volume in both circumstances.
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    The Exchange believes that the proposed rebate is equitable and not 
unfairly discriminatory as the rebate is available to all Floor 
Brokers. Further, the Exchange believes that applying the proposed 
rebate to Floor Brokers and not to Floor Market Makers is equitable and 
not unfairly discriminatory as Floor Market Makers only represent their 
own interest on the Trading Floor and therefore do not need a similar 
incentive. The Exchange believes that applying the rebate to Floor 
Brokers and not to the Floor Broker's customers is equitable and not 
unfairly discriminatory.\10\ As discussed herein, Floor Brokers serve 
an important function in facilitating the execution of orders via open 
outcry for customers who do not have their own technology, systems and 
personnel to participate on the BOX Trading Floor. As such, the 
Exchange believes that offering the proposed rebate will allow Floor 
Brokers to price their services at a level that would enable them to 
attract Strategy QOO order flow from participants who would otherwise 
utilize other front-end order entry mechanisms offered by the 
Exchange's competitors instead of incurring the cost in time and 
resources to install and develop their own internal systems to deliver 
Strategy QOO orders directly to the Exchange's system.
---------------------------------------------------------------------------

    \10\ The Exchange notes that it currently offers a rebate to 
Floor Brokers who present QOO Orders on the BOX Trading Floor on 
behalf of their customers. The Exchange believes that like the QOO 
Order Rebate, the proposed rebate is appropriate as the Floor Broker 
is offering a service to its customers in facilitating the execution 
of orders via open outcry. The Exchange notes that executions 
subject to the Strategy QOO Order Fee Cap, and therefore the 
proposed Strategy QOO Order Floor Broker rebate, are not eligible 
for the QOO Order Rebate.
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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. The

[[Page 52285]]

Exchange notes that it operates in a highly competitive market in which 
market participants can readily favor competing venues if they deem 
rebate opportunities available at other venues to be more favorable. In 
such an environment, the Exchange must continually adjust its rebates 
to remain competitive with other exchanges. Because competitors are 
free to modify their own rebates in response, the Exchange believes 
that the degree to which rebate changes in this market may impose any 
burden on competition is limited. For the reasons discussed above, the 
Exchange believes that the proposed changes do not impose an undue 
burden on competition.
    Further, the Exchange does not believe that offering a rebate to 
Floor Brokers will impose an undue burden on intra-market competition 
because all Floor Brokers are eligible to transact Strategy QOO Orders 
and receive a rebate. Further, as discussed above, the Exchange 
believes that applying the proposed rebate to Floor Brokers and not to 
Floor Market Makers is appropriate as Floor Market Makers only 
represent their own interest on the Trading Floor and therefore do not 
need a similar incentive. Lastly, the Exchange believes that the rebate 
will promote competition by allowing Floor Brokers to competitively 
price their services and for the Exchange to remain competitive with 
other exchanges with trading floors.

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.
---------------------------------------------------------------------------

    \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-2018-34 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-2018-34. 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-2018-34, and should be submitted on 
or before November 6, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-22424 Filed 10-15-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                           Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices                                               52283

                                              necessary or appropriate in furtherance                 qualification requirements consistent                 printing in the Commission’s Public
                                              of the purposes of the Act. The                         with those of FINRA, as of October 1,                 Reference Room, 100 F Street NE,
                                              proposed amendments are intended to                     2018. Therefore, the Commission                       Washington, DC 20549 on official
                                              promote transparency in the Exchange’s                  believes that the waiver of the 30-day                business days between the hours of
                                              rules, and consistency with the rules of                operative delay is consistent with the                10:00 a.m. and 3:00 p.m. Copies of the
                                              other SROs with respect to the                          protection of investors and the public                filing also will be available for
                                              examination, qualification, and                         interest and hereby waives the 30-day                 inspection and copying at the principal
                                              continuing education requirements                       operative delay and designates the                    office of the Exchange. All comments
                                              applicable to ETP Holders, OTP Holders                  proposal operative on October 1, 2018.61              received will be posted without change.
                                              or OTP Firms and their registered                          At any time within 60 days of the                  Persons submitting comments are
                                              personnel. The Exchange believes that                   filing of the proposed rule change, the               cautioned that we do not redact or edit
                                              in that regard that any burden on                       Commission summarily may                              personal identifying information from
                                              competition would be clearly                            temporarily suspend such rule change if               comment submissions. You should
                                              outweighed by the important regulatory                  it appears to the Commission that such                submit only information that you wish
                                              goal of ensuring clear and consistent                   action is necessary or appropriate in the             to make available publicly. All
                                              requirements applicable across SROs,                    public interest, for the protection of                submissions should refer to File
                                              avoiding duplication, and mitigating                    investors, or otherwise in furtherance of             Number SR–NYSEARCA–2018–71 and
                                              any risk of SROs implementing different                 the purposes of the Act.                              should be submitted on or before
                                              standards in these important areas.                     IV. Solicitation of Comments                          November 6,2018.
                                                Further, the Exchange does not                                                                                For the Commission, by the Division of
                                              believe that the proposed amendments                      Interested persons are invited to
                                                                                                      submit written data, views, and                       Trading and Markets, pursuant to delegated
                                              will affect competition among securities                                                                      authority.62
                                              markets since all SROs are expected to                  arguments concerning the foregoing,
                                                                                                      including whether the proposed rule                   Eduardo A. Aleman,
                                              adopt similar rules with uniform
                                                                                                      change is consistent with the Act.                    Assistant Secretary.
                                              standards for qualification, registration
                                              and continuing education requirements.                  Comments may be submitted by any of                   [FR Doc. 2018–22430 Filed 10–15–18; 8:45 am]
                                                                                                      the following methods:                                BILLING CODE 8011–01–P
                                              C. Self-Regulatory Organization’s
                                              Statement on Comments on the                            Electronic Comments
                                              Proposed Rule Change Received From                         • Use the Commission’s internet                    SECURITIES AND EXCHANGE
                                              Members, Participants, or Others                        comment form (http://www.sec.gov/                     COMMISSION
                                                No written comments were solicited                    rules/sro.shtml); or
                                                                                                         • Send an email to rule-comments@
                                              or received with respect to the proposed                                                                      [Release No. 34–84391; File No. SR–BOX–
                                                                                                      sec.gov. Please include File Number SR–
                                              rule change.                                                                                                  2018–34]
                                                                                                      NYSEARCA–2018–71 on the subject
                                              III. Date of Effectiveness of the                       line.                                                 Self-Regulatory Organizations; BOX
                                              Proposed Rule Change and Timing for                     Paper Comments                                        Exchange LLC; Notice of Filing and
                                              Commission Action                                                                                             Immediate Effectiveness of a Proposed
                                                                                                         • Send paper comments in triplicate
                                                 Because the foregoing proposed rule                                                                        Rule Change To Amend the Fee
                                                                                                      to Secretary, Securities and Exchange
                                              change does not: (i) Significantly affect                                                                     Schedule on the BOX Options Market
                                                                                                      Commission, 100 F Street NE,
                                              the protection of investors or the public                                                                     LLC (‘‘BOX’’) Facility To Adopt a New
                                                                                                      Washington, DC 20549–1090.
                                              interest; (ii) impose any significant                                                                         Rebate for Certain Manual
                                                                                                      All submissions should refer to File                  Transactions Initiated From the
                                              burden on competition; and (iii) become
                                                                                                      Number SR–NYSEARCA–2018–71. This                      Trading Floor
                                              operative for 30 days from the date on
                                                                                                      file number should be included on the
                                              which it was filed, or such shorter time
                                                                                                      subject line if email is used. To help the            October 10, 2018.
                                              as the Commission may designate, it has
                                                                                                      Commission process and review your
                                              become effective pursuant to Section                                                                             Pursuant to Section 19(b)(1) of the
                                                                                                      comments more efficiently, please use
                                              19(b)(3)(A) of the Act 58 and Rule 19b–                                                                       Securities Exchange Act of 1934 (the
                                                                                                      only one method. The Commission will
                                              4(f)(6) thereunder.                                                                                           ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                 A proposed rule change filed under                   post all comments on the Commission’s
                                                                                                                                                            notice is hereby given that on
                                              Rule 19b–4(f)(6) normally does not                      internet website (http://www.sec.gov/
                                                                                                                                                            September 27, 2018, BOX Exchange LLC
                                              become operative for 30 days from the                   rules/sro.shtml). Copies of the
                                                                                                                                                            (the ‘‘Exchange’’) filed with the
                                              date of filing. However, Rule 19b–                      submission, all subsequent
                                                                                                                                                            Securities and Exchange Commission
                                              4(f)(6)(iii) 59 permits the Commission to               amendments, all written statements
                                                                                                                                                            (‘‘Commission’’) the proposed rule
                                              designate a shorter time if such action                 with respect to the proposed rule
                                                                                                                                                            change as described in Items I, II, and
                                              is consistent with the protection of                    change that are filed with the
                                                                                                                                                            III below, which Items have been
                                              investors and the public interest. The                  Commission, and all written
                                                                                                                                                            prepared by the Exchange. The
                                              Exchange has asked the Commission to                    communications relating to the
                                                                                                                                                            Exchange filed the proposed rule change
                                              waive the 30-day operative delay so that                proposed rule change between the
                                                                                                                                                            pursuant to Section 19(b)(3)(A)(ii) of the
                                              the proposal may become operative on                    Commission and any person, other than
                                                                                                                                                            Act,3 and Rule 19b–4(f)(2) thereunder,4
                                              October 1, 2018 to coincide with the                    those that may be withheld from the
                                                                                                                                                            which renders the proposal effective
                                              effective date of FINRA’s proposed rule                 public in accordance with the
                                                                                                                                                            upon filing with the Commission. The
amozie on DSK3GDR082PROD with NOTICES1




                                              change on which the proposal is                         provisions of 5 U.S.C. 552, will be
                                                                                                                                                            Commission is publishing this notice to
                                              based.60 The waiver of the operative                    available for website viewing and
                                              delay would make the Exchange’s                            61 For purposes only of waiving the 30-day
                                                                                                                                                              62 17 CFR 200.30–3(a)(12).
                                                                                                                                                              1 15 U.S.C. 78s(b)(1).
                                                                                                      operative delay, the Commission has also
                                                58 15 U.S.C. 78s(b)(3)(A).                                                                                    2 17 CFR 240.19b–4.
                                                                                                      considered the proposed rule’s impact on
                                                59 17 CFR 240.19b–4(f)(6)(iii).                                                                               3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                      efficiency, competition, and capital formation. See
                                                60 See supra note 5.                                  15 U.S.C. 78c(f).                                       4 17 CFR 240.19b–4(f)(2).




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                                              52284                         Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices

                                              solicit comments on the proposed rule                    conversion, jelly roll, and box spread                  Exchange believes that offering the
                                              change from interested persons.                          strategies 6 is met.7                                   proposed rebate will allow Floor
                                                                                                                                                               Brokers to price their services at a level
                                              I. Self-Regulatory Organization’s                        2. Statutory Basis
                                                                                                                                                               that would enable them to attract this
                                              Statement of the Terms of the Substance                     The Exchange believes that the                       Strategy QOO order flow to the BOX
                                              of the Proposed Rule Change                              proposal is consistent with the                         Trading Floor. As such, the Exchange
                                                                                                       requirements of Section 6(b) of the Act,                believes that the proposed rebate is
                                                 The Exchange is filing with the                       in general, and Section 6(b)(4) and                     reasonable.
                                              Securities and Exchange Commission                       6(b)(5)of the Act,8 in particular, in that                The Exchange believes that the
                                              (‘‘Commission’’) a proposed rule change                  it provides for the equitable allocation                proposed rebate is equitable and not
                                              to amend the Fee Schedule to amend                       of reasonable dues, fees, and other                     unfairly discriminatory as the rebate is
                                              the Fee Schedule on the BOX Options                      charges among BOX Participants and                      available to all Floor Brokers. Further,
                                              Market LLC (‘‘BOX’’) facility. While                     other persons using its facilities and                  the Exchange believes that applying the
                                              changes to the fee schedule pursuant to                  does not unfairly discriminate between                  proposed rebate to Floor Brokers and
                                              this proposal will be effective upon                     customers, issuers, brokers or dealers.                 not to Floor Market Makers is equitable
                                              filing, the changes will become                             The Exchange believes that the                       and not unfairly discriminatory as Floor
                                              operative on October 1, 2018. The text                   proposed Strategy QOO Order Rebate is                   Market Makers only represent their own
                                              of the proposed rule change is available                 reasonable, equitable and not unfairly                  interest on the Trading Floor and
                                              from the principal office of the                         discriminatory. The Exchange believes                   therefore do not need a similar
                                              Exchange, at the Commission’s Public                     the proposed rebate is reasonable when                  incentive. The Exchange believes that
                                              Reference Room and also on the                           compared to rebates assessed at another                 applying the rebate to Floor Brokers and
                                              Exchange’s internet website at http://                   options exchange.9 Further, the                         not to the Floor Broker’s customers is
                                              boxexchange.com.                                                                                                 equitable and not unfairly
                                                                                                          6 A ‘‘reversal strategy’’ is established by
                                                                                                                                                               discriminatory.10 As discussed herein,
                                              II. Self-Regulatory Organization’s                       combining a short security position with a short put
                                                                                                       and a long call position that shares the same strike
                                                                                                                                                               Floor Brokers serve an important
                                              Statement of the Purpose of, and                         and expiration. A ‘‘conversion strategy’’ is            function in facilitating the execution of
                                              Statutory Basis for, the Proposed Rule                   established by combining a long position in the         orders via open outcry for customers
                                              Change                                                   underlying security with a long put and a short call    who do not have their own technology,
                                                                                                       position that shares the same strike and expiration.
                                                                                                       A ‘‘jelly roll strategy’’ is created by entering into
                                                                                                                                                               systems and personnel to participate on
                                                In its filing with the Commission, the                 two separate positions simultaneously. One              the BOX Trading Floor. As such, the
                                              Exchange included statements                             position involves buying a put and selling a call       Exchange believes that offering the
                                              concerning the purpose of and basis for                  with the same strike price and expiration. The          proposed rebate will allow Floor
                                                                                                       second position involves selling a put and buying
                                              the proposed rule change and discussed                   a call, with the same strike price, but with a
                                                                                                                                                               Brokers to price their services at a level
                                              any comments it received on the                          different expiration from the first position. A ‘‘box   that would enable them to attract
                                              proposed rule change. The text of these                  spread strategy’’ is a strategy that synthesizes long   Strategy QOO order flow from
                                              statements may be examined at the                        and short stock positions to create a profit.           participants who would otherwise
                                                                                                       Specifically, a long call and short put at one strike
                                              places specified in Item IV below. The                   is combined with a short call and long put at a
                                                                                                                                                               utilize other front-end order entry
                                              Exchange has prepared summaries, set                     different strike to create synthetic long and           mechanisms offered by the Exchange’s
                                              forth in Sections A, B, and C below, of                  synthetic short stock positions, respectively.          competitors instead of incurring the cost
                                                                                                          7 The $1,000 Fee Cap is applied to customer
                                              the most significant aspects of such                                                                             in time and resources to install and
                                                                                                       orders sent to a Floor Broker on the BOX Trading        develop their own internal systems to
                                              statements.                                              Floor. For example, when Customer A sends certain
                                                                                                       Strategy QOO Orders to Floor Broker 1 on the            deliver Strategy QOO orders directly to
                                              A. Self-Regulatory Organization’s                        Trading Floor, Customer A’s fees for these orders       the Exchange’s system.
                                              Statement of the Purpose of, and                         will be capped at $1,000 per day. If Customer A
                                                                                                       reaches the $1,000 Fee Cap, Floor Broker 1, who         B. Self-Regulatory Organization’s
                                              Statutory Basis for, the Proposed Rule                   entered these orders on behalf of Customer A into       Statement on Burden on Competition
                                              Change                                                   the BOX system, will receive the $500 rebate.
                                                                                                       Customer B may also send certain Strategy QOO             The Exchange does not believe that
                                              1. Purpose                                               Orders to Floor Broker 1 for execution on the BOX       the proposed rule change will impose
                                                                                                       Trading Floor. Customer B’s fees for these orders       any burden on competition not
                                                 The Exchange proposes to amend the                    will also be capped at $1,000 per day and Floor
                                                                                                                                                               necessary or appropriate in furtherance
                                              Fee Schedule for trading on BOX to                       Broker 1, who entered these orders, will receive the
                                                                                                       $500 rebate if Customer B reaches the $1,000 daily      of the purposes of the Act. The
                                              adopt a new rebate for manual                            Fee Cap.
                                              transactions initiated from the Trading                     8 15 U.S.C. 78f(b)(4) and (5).
                                                                                                                                                               $500 rebate. In other words, the rebate ultimately
                                              Floor. Specifically, the Exchange                           9 See Cboe Exchange Inc. (‘‘Cboe’’) Fee Schedule     relies on Strategy QOO order volume submitted by
                                              proposes that on each trading day, Floor                 Footnote 25. At Cboe, Floor Brokers that execute an     Floor Brokers on the Trading Floor much like the
                                                                                                       average of 15,000 customer and/or professional          rebate at Cboe discussed above. The Exchange notes
                                              Brokers will be eligible to receive a $500               customer and voluntary professional open-outcry         that the proposed rebate will go directly to the Floor
                                              rebate for presenting certain Strategy                   contracts per day over the course of a calendar         Broker and not offset their Floor Broker fees like the
                                              QOO Orders on the Trading Floor.5 The                    month in certain underlying symbols will receive        rebate at Cboe. The Exchange believes that this
                                                                                                       a rebate of $9,000 on the Floor Broker’s Trading        difference is minor, as the Floor Broker is receiving
                                              rebate will be applied once the current                  Permit Fees. The Exchange believes that the             a rebate based on customer volume in both
                                              $1,000 Fee Cap for all reversal,                         proposed rebate is similar as Floor Brokers on the      circumstances.
                                                                                                       BOX Trading Floor may only receive the proposed            10 The Exchange notes that it currently offers a

                                                                                                       $500 rebate once its customer sends enough              rebate to Floor Brokers who present QOO Orders on
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                                                                                                       Strategy QOO volume to reach the $1,000 Fee Cap.        the BOX Trading Floor on behalf of their customers.
                                                                                                       For example, if Floor Broker 1 executes 4,000           The Exchange believes that like the QOO Order
                                                                                                       Strategy QOO Order contracts per day for Customer       Rebate, the proposed rebate is appropriate as the
                                                                                                       A discussed above, Customer A will meet the             Floor Broker is offering a service to its customers
                                                                                                       $1,000 Fee Cap and Floor Broker 1 will receive the      in facilitating the execution of orders via open
                                                                                                       $500 rebate. If instead, Floor Broker 1 only executes   outcry. The Exchange notes that executions subject
                                                5 Eligibility to receive the $500 rebate relies on
                                                                                                       2,000 Strategy QOO Order contracts on behalf of         to the Strategy QOO Order Fee Cap, and therefore
                                              the Floor Broker’s customer reaching the $1,000          Customer A, Customer A will not reach the $1,000        the proposed Strategy QOO Order Floor Broker
                                              Strategy Order Fee Cap each trading day.                 Fee Cap and Floor Broker 1 will not receive the         rebate, are not eligible for the QOO Order Rebate.



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                                                                              Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices                                               52285

                                              Exchange notes that it operates in a                       to determine whether the proposed rule                  For the Commission, by the Division of
                                              highly competitive market in which                         should be approved or disapproved.                    Trading and Markets, pursuant to delegated
                                              market participants can readily favor                                                                            authority.13
                                                                                                         IV. Solicitation of Comments                          Eduardo A. Aleman,
                                              competing venues if they deem rebate
                                              opportunities available at other venues                      Interested persons are invited to                   Assistant Secretary.
                                              to be more favorable. In such an                           submit written data, views, and                       [FR Doc. 2018–22424 Filed 10–15–18; 8:45 am]
                                              environment, the Exchange must                             arguments concerning the foregoing,                   BILLING CODE 8011–01–P
                                              continually adjust its rebates to remain                   including whether the proposed rule
                                              competitive with other exchanges.                          change is consistent with the Act.
                                              Because competitors are free to modify                     Comments may be submitted by any of                   SECURITIES AND EXCHANGE
                                              their own rebates in response, the                         the following methods:                                COMMISSION
                                              Exchange believes that the degree to
                                                                                                         Electronic Comments
                                              which rebate changes in this market                                                                              [Release No. 34–84395; File No. SR–CBOE–
                                              may impose any burden on competition                         • Use the Commission’s internet                     2018–065]
                                              is limited. For the reasons discussed                      comment form (http://www.sec.gov/
                                              above, the Exchange believes that the                      rules/sro.shtml); or                                  Self-Regulatory Organizations; Cboe
                                              proposed changes do not impose an                            • Send an email to rule-comments@                   Exchange, Inc.; Notice of Filing and
                                              undue burden on competition.                               sec.gov. Please include File Number SR–               Immediate Effectiveness of a Proposed
                                                 Further, the Exchange does not                          BOX–2018–34 on the subject line.                      Rule Change To Amend Its Fees
                                              believe that offering a rebate to Floor                                                                          Schedule
                                              Brokers will impose an undue burden                        Paper Comments
                                                                                                                                                               October 10, 2018.
                                              on intra-market competition because all                       • Send paper comments in triplicate
                                              Floor Brokers are eligible to transact                                                                              Pursuant to Section 19(b)(1) of the
                                                                                                         to Secretary, Securities and Exchange
                                              Strategy QOO Orders and receive a                                                                                Securities Exchange Act of 1934 (the
                                                                                                         Commission, 100 F Street NE,
                                              rebate. Further, as discussed above, the                                                                         ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                         Washington, DC 20549–1090.
                                              Exchange believes that applying the                                                                              notice is hereby given that on
                                                                                                         All submissions should refer to File                  September 28, 2018, Cboe Exchange,
                                              proposed rebate to Floor Brokers and                       Number SR–BOX–2018–34. This file
                                              not to Floor Market Makers is                                                                                    Inc. (the ‘‘Exchange’’ or ‘‘Cboe
                                                                                                         number should be included on the                      Options’’) filed with the Securities and
                                              appropriate as Floor Market Makers                         subject line if email is used. To help the
                                              only represent their own interest on the                                                                         Exchange Commission (the
                                                                                                         Commission process and review your                    ‘‘Commission’’) the proposed rule
                                              Trading Floor and therefore do not need                    comments more efficiently, please use
                                              a similar incentive. Lastly, the Exchange                                                                        change as described in Items I, II, and
                                                                                                         only one method. The Commission will                  III below, which Items have been
                                              believes that the rebate will promote                      post all comments on the Commission’s
                                              competition by allowing Floor Brokers                                                                            prepared by the Exchange. The
                                                                                                         internet website (http://www.sec.gov/                 Commission is publishing this notice to
                                              to competitively price their services and                  rules/sro.shtml). Copies of the
                                              for the Exchange to remain competitive                                                                           solicit comments on the proposed rule
                                                                                                         submission, all subsequent                            change from interested persons.
                                              with other exchanges with trading                          amendments, all written statements
                                              floors.                                                    with respect to the proposed rule                     I. Self-Regulatory Organization’s
                                              C. Self-Regulatory Organization’s                          change that are filed with the                        Statement of the Terms of Substance of
                                              Statement on Comments on the                               Commission, and all written                           the Proposed Rule Change
                                              Proposed Rule Change Received From                         communications relating to the                           Cboe Exchange, Inc. (the ‘‘Exchange’’
                                              Members, Participants, or Others                           proposed rule change between the                      or ‘‘Cboe Options’’) proposes to amend
                                                                                                         Commission and any person, other than                 its fees schedule. The text of the
                                                No written comments were either
                                                                                                         those that may be withheld from the                   proposed rule change is also available
                                              solicited or received.
                                                                                                         public in accordance with the                         on the Exchange’s website (http://
                                              III. Date of Effectiveness of the                          provisions of 5 U.S.C. 552, will be                   www.cboe.com/AboutCBOE/CBOELegal
                                              Proposed Rule Change and Timing for                        available for website viewing and                     RegulatoryHome.aspx), at the
                                              Commission Action                                          printing in the Commission’s Public                   Exchange’s Office of the Secretary, and
                                                 The foregoing rule change has become                    Reference Room, 100 F Street NE,                      at the Commission’s Public Reference
                                              effective pursuant to Section                              Washington, DC 20549 on official                      Room.
                                              19(b)(3)(A)(ii) of the Exchange Act 11                     business days between the hours of
                                                                                                         10:00 a.m. and 3:00 p.m. Copies of such               II. Self-Regulatory Organization’s
                                              and Rule 19b–4(f)(2) thereunder,12                                                                               Statement of the Purpose of, and
                                              because it establishes or changes a due,                   filing also will be available for
                                                                                                         inspection and copying at the principal               Statutory Basis for, the Proposed Rule
                                              or fee.                                                                                                          Change
                                                 At any time within 60 days of the                       office of the Exchange. All comments
                                              filing of the proposed rule change, the                    received will be posted without change.                 In its filing with the Commission, the
                                              Commission summarily may                                   Persons submitting comments are                       Exchange included statements
                                              temporarily suspend the rule change if                     cautioned that we do not redact or edit               concerning the purpose of and basis for
                                              it appears to the Commission that the                      personal identifying information from                 the proposed rule change and discussed
                                              action is necessary or appropriate in the                  comment submissions. You should                       any comments it received on the
                                              public interest, for the protection of                     submit only information that you wish                 proposed rule change. The text of these
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                                              investors, or would otherwise further                      to make available publicly. All                       statements may be examined at the
                                              the purposes of the Act. If the                            submissions should refer to File                      places specified in Item IV below. The
                                              Commission takes such action, the                          Number SR–BOX–2018–34, and should                     Exchange has prepared summaries, set
                                              Commission shall institute proceedings                     be submitted on or before November 6,                 forth in sections A, B, and C below, of
                                                                                                         2018.
                                                11 15   U.S.C. 78s(b)(3)(A)(ii).                                                                                 1 15   U.S.C. 78s(b)(1).
                                                12 17   CFR 240.19b–4(f)(2).                               13 17   CFR 200.30–3(a)(12).                          2 17   CFR 240.19b–4.



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Document Created: 2018-10-15 23:42:16
Document Modified: 2018-10-15 23:42:16
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 52283 

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