Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Interpretive Material To Rule 5050 To Eliminate the Cap on the Number of Additional Series That May be Listed Per Expiration Month for Each Quarterly Options Series in Exchange-Traded Fund Options, 75420-75423 [2013-29489]

Download as PDF 75420 Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Notices emcdonald on DSK67QTVN1PROD with NOTICES unfair and discriminatory impacts of the SLD Proposal, in particular with respect to an aspect of the eliminated Regular SLD funding obligation.106 However, no commenters argued that the Final SLD Proposal discriminated among Clearing Members in the use of the clearing agency or imposed an unnecessary or inappropriate burden on competition. Because a Special SLD funding obligation will be imposed only to the extent that an individual Clearing Member’s trading activity over a twoyear historical look-back period on corresponding days surpasses the total liquidity resources available to NSCC, only a small number of Clearing Members likely will incur a Special SLD funding obligation. While the Special SLD funding obligation will very likely only be met by a small number of Clearing Members, NSCC (i) will provide all members with a daily report regarding the liquidity exposure presented by such member, (ii) will provide similar monthly reports specifically to Clearing Members to help Clearing Members determine whether they should make Prefund Deposits or otherwise manage their liquidity exposure,107 and (iii) has created the CALC to ensure that the Special SLD funding obligation will continue to only reasonably and fairly impose a requirement on those Clearing Members that can foresee the liquidity exposure that they may present to NSCC during Special Periods.108 As a result, the Commission believes that the Final SLD Proposal meets the requirements of Sections 17A(b)(3)(F) and (I) of the Exchange Act. To the extent the imposition of the Special SLD funding obligation results in a burden on competition because it levies a funding obligation on some Clearing Members but not others, such burden is necessary or appropriate for NSCC to ensure that it has the liquidity resources required to continue to operate in a safe and sound manner. Furthermore, the Special SLD funding obligation does not amount to unfair discrimination among Clearing Members in the use of the clearing agency because the funding requirement is correlated directly with trading activity that creates the actual liquidity need. 106 See Citadel Letter II, Charles Schwab Letter I, Charles Schwab Letter II, Charles Schwab Letter III, Charles Schwab Letter IV, Charles Schwab Letter V, SIFMA Letter I, SIFMA Letter II, ITG Letter I, ITG Letter II, Knight Capital Letter, ConvergEx Letter I, ConvergEx Letter II. 107 See Notice of Amendment No. 2, 78 FR 42140, Notice of Amendment No. 3, 78 FR 62846, NSCC Letter II. 108 See NSCC Letter I, NSCC Letter II. VerDate Mar<15>2010 17:00 Dec 10, 2013 Jkt 232001 VI. Conclusion On the basis of the foregoing, the Commission finds that the proposal is consistent with the requirements of the Act and in particular with the requirements of Section 17A of the Act and the rules and regulations thereunder. It is therefore ordered, pursuant to Section 19(b)(2) of the Act,109 that the proposed rule change SR–NSCC–2013– 02, as modified by Amendment Nos. 1, 2, and 3, be and hereby is approved, as of the date of this order or the date of the ‘‘Notice of No Objection to Advance Notice Filing, as Modified by Amendment Nos. 1, 2, and 3, to Institute Supplemental Liquidity Deposits to [NSCC’s] Clearing Fund Designed to Increase Liquidity Resources to Meet Its Liquidity Needs,’’ SR–NSCC–2012–802, whichever is later. By the Commission. Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2013–29497 Filed 12–10–13; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–70991; File No. SR–BOX– 2013–57] Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Interpretive Material To Rule 5050 To Eliminate the Cap on the Number of Additional Series That May be Listed Per Expiration Month for Each Quarterly Options Series in ExchangeTraded Fund Options December 5, 2013. 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 December 3, 2013, BOX Options Exchange LLC (the ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule from interested persons. 109 15 U.S.C. 78s(b)(2). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 1 15 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend interpretive material to Rule 5050 (Series of Options Contracts Open for Trading) to eliminate the cap on the number of additional series that may be listed per expiration month for each Quarterly Option Series (‘‘QOS’’) in exchange-traded fund (‘‘ETF’’) options. 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 Web site 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 self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The self-regulatory organization has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange is proposing to amend Interpretive Material (‘‘IM’’) 5050–4 to Rule 5050 (Series of Options Contracts Open for Trading) to eliminate the cap on the number of additional series that may be listed per expiration month for each QOS in ETF options.3 This is a competitive filing that is based on proposals recently submitted by NYSE Arca, Inc. (‘‘NYSE Acra’’) and NYSE MKT LLC (‘‘NYSE MKT’’) that were recently noticed by the Commission.4 As set out in IM–5050–4, the Exchange 3 A Quarterly Option Series is a series of an option class that is approved for listing and trading on the Exchange in which the series is opened for trading on any business day, and that expires at the close of business on the last business day of a calendar quarter. The Exchange lists series that expire at the end of the next consecutive four (4) calendar quarters, as well as the fourth quarter of the next calendar year. See Rule 100(a)(54) and IM– 5050–4(a). 4 See Securities Exchange Act Release Nos. 70855 (November 13, 2013) 78 FR 69493 (November 19, 2013) (Notice of Filing and Immediate Effectiveness of SR–NYSEArca–2013–120) and 070854 (November 13, 2013) 78 FR 69465 (November 19, 2013) (Notice of Filing and Immediate Effectiveness of SR–NYSEMKT–2013–90). E:\FR\FM\11DEN1.SGM 11DEN1 Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Notices emcdonald on DSK67QTVN1PROD with NOTICES may list QOS for up to five currently listed options classes that are either index options or options on ETFs. The Exchange may also list QOS on any option classes that are selected by other securities exchanges that employ a similar program under their respective rules. Currently, for each QOS in ETF options that has been initially listed on the Exchange, the Exchange may list up to 60 additional series per expiration month. The Exchange is proposing to amend IM–5050–4(d) to make the treatment of QOS in ETF options consistent with the treatment of QOS in index options. IM– 6090–1 governs the QOS Program in index options. Index options include options on industry/narrow-based indices and options on market/broadbased indices.5 Options on ETFs are similar to index options because ETFs hold securities based on an index or portfolio of securities.6 The requirements and conditions of the QOS Program in index options, moreover, parallel those of the QOS Program in ETF options. For example, like the QOS Program in ETF options, the QOS Program in index options permits QOS in up to five currently-listed options classes; requires the listing of series that expire at the end of the next (as of the listing date) consecutive four quarters, as well as the fourth quarter of the next calendar year; requires the strike price of each QOS to be fixed at a price per share; and establishes parameters for the number of strike prices above and below the underlying index. The QOS Program in index options, however, does not place a cap on the number of additional series that the Exchange may list per expiration month for each QOS in index options. Elimination of the cap set out in IM–5050–4(d), therefore, would result in similar regulatory treatment of similar options products.7 5 An ‘‘industry index’’ or ‘‘narrow-based index’’ is ‘‘an index designed to be representative of a particular industry or group of related industries.’’ See Rule 6010(i). A ‘‘market index’’ or ‘‘broad-based index’’ is ‘‘an index designed to be representative of a stock market as a whole or of a range of companies in unrelated industries.’’ See Rule 6010(j). 6 See Rule 5020(h). 7 The Exchange notes that Rule IM–6090–1(d), which governs the addition of new series of Quarterly Options Series on index options, states, The Exchange may open additional strike prices of a Quarterly Options Series that are above the value of the underlying index provided that the total number of strike prices above the value of the underlying is no greater than five. The Exchange may open additional strike prices of a Quarterly Options Series that are below the value of the underlying index provided that the total number of strike prices below the value of the underlying index is no greater than five. The opening of any new Quarterly Options Series shall not affect the VerDate Mar<15>2010 17:00 Dec 10, 2013 Jkt 232001 The Exchange believes that the proposed revision to the QOS Program would provide market participants with the ability to better tailor their trading to meet their investment objectives, including hedging securities positions, by permitting the Exchange to list additional QOS in ETF options that meet such objectives. The Exchange has observed that situations arise in which additional strike prices in smaller intervals would be valuable to investors. However, due to the cap on additional QOS series the Exchange cannot always provide these important at-the-money strikes. Elimination of the cap would remedy this issue. Currently, the Exchange lists quarterly expiration options on six ETFs, but the cap restricts the number of strikes on these options, which often results in a lack of strike continuity. For example, the Exchange lists quarterly expiration options on SPDR Gold Trust (‘‘GLD’’). On January 2, 2013, the Exchange initially listed December 31, 2013 quarterly expiration options (‘‘December 2013 Quarterlies’’) on GLD, which closed the previous trading day at $162.02, with initial strikes from $115 to $210, and additional strikes in $1 intervals from $131 to $189. But during 2013, GLD has closed at a range of $115.94 to $163.67 and is currently trading around $125. As a result of the cap, the Exchange cannot offer December 2013 Quarterlies on GLD in $1 intervals within $10 of the closing price of GLD because the number of strikes would exceed the cap of 60 additional strikes. Consequently, the Exchange is not able to list important atthe-money strikes due to the cap on additional strikes. While the Exchange has the ability to delist strikes with no open interest so that it may list strikes that are closer to the money, delisting is not always possible. If all of the existing strikes have open interest, the Exchange cannot delist strikes so that it may list strikes closer to the money. But the Exchange is not subject to a similar cap on the number of additional weekly or monthly expiration options it can list on ETFs.8 So, for example, the series of options of the same class previously opened. In practice, this means that the Exchange may add Quarterly Options Series at strikes above and below the current index value, so long as there are not more than five strikes above, and five strikes below, the current index value after such additions are made. The total number of Quarterly Options Series that can be listed at any one time is, therefore, theoretically unlimited, so long as there are no more than five strikes above (or below) a given index value when new strikes are added. 8 For Short Term Options Series (‘‘weekly options’’), IM–5050–6(b) sets a maximum number of strikes, but the Exchange can exceed this maximum PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 75421 Exchange can list additional weekly expiration options on GLD in $1 and $0.50 intervals within $5 of the closing price of GLD, and additional monthly expiration options in $1 intervals from $85 to $178. Therefore, due to the cap, the Exchange cannot list, and an investor cannot structure, an investment on a quarterly basis with the same granularity that can be achieved on a weekly or monthly basis. Similarly, the Exchange lists quarterly options on SPDR S&P 500 ETF (‘‘SPY’’), which during 2013 closed at a range of $145.55 to $173.05. Again, due to the cap, the Exchange cannot offer quarterly expiration options on SPY in $1 intervals above $170 because the number of additional strikes would exceed the cap of 60. Instead, the Exchange is forced to list quarterly expiration options on SPY at $5 intervals above $170, despite the fact that SPY has recently traded between $165 and $170. As such, if SPY would again increase to $170, then the Exchange would only be able to offer options with a strike price $5 away from the price of the underlying ETF due to the cap on additional strikes. On the other hand, in contrast to the limitations imposed on the Exchange for quarterly expiration options on ETFs, the absence of a similar cap on quarterly expiration options on indexes means that the Exchange can list, and investors can achieve, more granularity in indexbased options. For example, S&P 500 Mini—SPX options (‘‘SPX’’) are options on the S&P 500 index, as opposed to options on SPY, the ETF based on that same S&P 500 index. SPX options are used to hedge SPY positions and are traded at the equivalent of one point and one-half point intervals. The SPX trades at 10 times the value of SPY, so that if SPY trades at $168.70, SPX trades at $1687. Therefore, the strike price for a quarterly expiration option on SPX, that is a hedge for a quarterly expiration option on SPY at $170, would be $1700. The Exchange can offer quarterly expiration options on SPX with strike prices of $1670, $1680, $1690, and $1700 because there is no cap on quarterly expiration index-based options. However, the Exchange cannot similarly offer quarterly expiration options on SPY with similar strike price number of strikes under certain circumstances. Specifically, ‘‘in the event that the underlying security has moved such that there are no series that are at least 10% above or below the current price of the underlying security and all existing series have open interest, BOX may list additional series, in excess of the 30 allowed under IM–5050– 6(b), that are between 10% and 30% above or below the price of the underlying security.’’ E:\FR\FM\11DEN1.SGM 11DEN1 75422 Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Notices emcdonald on DSK67QTVN1PROD with NOTICES continuity because of the cap on quarterly expiration ETF-based options. Elimination of the cap would also help market participants meet their investment objectives by providing expanded opportunities to roll ETF options into later quarters. For example, a market participant that holds one or more contracts in a QOS in an ETF put option that has a strike price of $120 and an expiration date of the last day of the third quarter may wish to roll that position into the fourth quarter. That is, the market participant may wish to close out the contracts set to expire at the end of the third quarter and instead establish a position in the same number of contracts in a QOS in a put option on the same ETF with the same strike price of $120, but with an expiration date of the last day of the fourth quarter. Because of the cap on additional QOS in ETF options, however, the Exchange may not be able to list additional QOS in the ETF. Elimination of the cap, though, would allow the Exchange to meet the investment needs of market participants in such situations. The Exchange has sufficient capacity to handle increased quote and trade reporting traffic that might be expected to result from listing additional QOS in ETF options. The Exchange notes that it has purchased capacity from the Options Price Reporting Authority (‘‘OPRA’’) to handle its options quote and trade reporting traffic.9 The Exchange believes that it has acquired sufficient capacity to handle increased quote and trade reporting traffic that might be expected to result from listing additional QOS in ETF options.10 In the Exchange’s view, it would be inconsistent to prohibit the listing of additional QOS beyond a specified cap when each exchange independently purchases capacity to meet its quote and trade reporting traffic needs. Moreover, the Exchange has in place a quote mitigation plan that helps it maintain sufficient capacity to handle quote traffic. The plan, which has been approved by the Commission, reduces the number of quotations that the 9 See Exchange Act Release No. 48822 (Nov. 21, 2003), 68 FR 66892 (Nov. 28, 2003) (SR–OPRA– 2003–01) (requiring exchanges to acquire options market data transmission capacity independently, rather than jointly). 10 The SEC has relied upon an exchange’s representation that it has sufficient capacity to support new options series in approving a rule amendment permitting the listing of additional option series. See Exchange Act Release No. 57410 (Jan. 17, 2008), 73 FR 12483, 12484 (Mar. 7, 2008) (SR–CBOE–2007–96) (amendments to CBOE Rule 5.5(e)(3)) (‘‘In approving the proposed rule change, the Commission has relied upon the Exchange’s representation that it has the necessary systems capacity to support new options series that will result from this proposal’’). VerDate Mar<15>2010 17:00 Dec 10, 2013 Jkt 232001 Exchange disseminates by limiting disseminated quotes to active options series only.11 To help ensure that only active options series are listed, the Exchange also has in place procedures to delist inactive series. IM–5050–4(f) requires the Exchange to review QOS that are outside of a range of five strikes above and five strikes below the current price of the underlying ETF. Based on that review, the Exchange must delist series with no open interest in both the call and the put series having (i) a strike price higher than the highest price with open interest in the put and/or call series for a given expiration month, and (ii) a strike price lower than the lowest strike price with open interest in the put and/or call series for a given expiration month. The Exchange’s experience with listing additional QOS in ETF options at the end of 2008 also indicates that it has sufficient capacity to handle increased order and quote traffic that might be expected to result from listing additional QOS in ETF options. The Exchange established a temporary rule that permitted the Exchange to list up to 100 additional series per expiration month for each QOS in ETF option in the fourth quarter of 2008, and for the new expiration month being added after the December 2008 QOS expiration.12 The Exchange did not experience capacity constraints during this temporary increase. 2. Statutory Basis The Exchange believes that the proposal is consistent with the requirements of Section 6(b) of the Securities Exchange Act of 1934 (the ‘‘Act’’),13 in general, and Section 6(b)(5) of the Act,14 in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market 11 See Rule 7250 (Quote Mitigation). Exchange Act Release No. 58996 (November 21, 2008), 73 FR 72878 (December 1, 2008) (SR–BSE–2008–55). The Exchange amended the cap on additional series per expiration month for each QOS in ETF options during the financial crisis in 2008. The amendment was in response to requests for lower priced strikes on certain ETFs. Other options exchanges amended their rules quarterly options series rules to permit the listing of additional series in ETF options. See, e.g., Exchange Act Release No. 59012 (November 24, 2008), 73 FR 73371 (December 2, 2008) (amendments to Commentary .08 to NYSE Arca Rule 6.4) 13 15 U.S.C. 78f(b). 14 15 U.S.C. 78f(b)(5). 12 See PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 and a national market system, and, in general to protect investors and the public interest. The Exchange believes that the proposed rule change is designed to remove impediments to and perfect the mechanism of a free and open market because it will expand the investment options available to investors and will allow for more efficient risk management. The Exchange believes that removing the cap on the number of QOS in ETF options permitted to be listed on the Exchange will result in a continuing benefit to investors by giving them more flexibility to closely tailor their investment and hedging decisions to their needs, and therefore, the proposal is designed to protect investors and the public interest. Additionally, by removing the cap, the proposed rule change will make the treatment of QOS in ETF options consistent with the treatment of QOS in index options, thus resulting in similar regulatory treatment for similar options products. While the expansion of the number of QOS in ETF options is expected to generate additional quote traffic, the Exchange believes that this increased traffic will be manageable and will not present capacity problems. As previously stated, the Exchange has in place a quote mitigation plan that helps it maintain sufficient capacity to handle quote traffic. To help ensure that only active options series are listed, Exchange procedures are designed to delist inactive series, ensuring that any additional quote traffic is a result of interest in active series. 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. In this regard and as indicated above, the Exchange notes that the rule change is being proposed as a competitive response to filings submitted by NYSE Arca and NYSE MKT that were recently noticed by the Commission.15 The Exchange believes that investors would benefit from the introduction of additional QOS in ETF options by providing investors with more flexibility to closely tailor their investment and hedging decisions to their needs. Additionally, Exchange procedures for delisting inactive series will ensure that only active series with sufficient investor interest will be made available and maintained on the Exchange. 15 See E:\FR\FM\11DEN1.SGM supra, note 4. 11DEN1 Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Notices 75423 2013–57 and should be submitted on or before January 2, 2014. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has neither solicited nor received comments on the proposed rule change. public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.19 Kevin M. O’Neill, Deputy Secretary. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the proposed rule change does not (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 16 and Rule 19b–4(f)(6) thereunder.17 The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Exchange stated that waiver of this requirement will promote fair competition among the exchanges by allowing the Exchange to treat QOS in ETF options in the same manner as QOS in index options at the same time as NYSE Arca and NYSE MKT. The Exchange also stated that the proposal would allow the Exchange to meet investor demand for an expanded number of QOS in ETF options, allowing investors to meet investment objectives, including hedging securities positions, currently unavailable because of the limited number of QOS in ETF options available. For these reasons, the Commission believes that the proposed rule change presents no novel issues, and waiver will allow the Exchange to remain competitive with other exchanges. Therefore, the Commission designates the proposed rule change to be operative upon filing.18 At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the IV. Solicitation of Comments [FR Doc. 2013–29489 Filed 12–10–13; 8:45 am] 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: BILLING CODE 8011–01–P Electronic Comments Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change To List and Trade Shares of Merk Hard Currency ETF Under NYSE Arca Equities Rule 8.600 16 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). As required under Rule 19b–4(f)(6)(iii), the Exchange provided the Commission with written notice of its intent to file the proposed rule change, along with a brief description and the text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. 18 For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). emcdonald on DSK67QTVN1PROD with NOTICES 17 17 VerDate Mar<15>2010 17:00 Dec 10, 2013 Jkt 232001 • Use the Commission’s Internet comment form (http://www.sec.gov/ rules/sro.shtml); or • Send an email to rule-comments@ sec.gov. Please include File Number SR–BOX–2013–57 on the subject line. Paper Comments • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549–1090. All submissions should refer to File Number SR–BOX–2013–57. 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 Web site (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 Web site 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 the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–BOX– PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 SECURITIES AND EXCHANGE COMMISSION [Release No. 34–70994; File No. SR– NYSEArca–2013–132] December 5, 2013. Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 notice is hereby given that, on November 22, 2013, NYSE Arca, Inc. (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to list and trade the following under NYSE Arca Equities Rule 8.600 (‘‘Managed Fund Shares’’): Merk Hard Currency ETF. The text of the proposed rule change is available on the Exchange’s Web site at www.nyse.com, at the principal office of the Exchange, and at the Commission’s Public Reference Room. II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. 19 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 15 U.S.C. 78a. 3 17 CFR 240.19b–4. 1 15 E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Notices]
[Pages 75420-75423]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29489]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70991; File No. SR-BOX-2013-57]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Amend Interpretive Material To Rule 5050 To Eliminate the Cap on the 
Number of Additional Series That May be Listed Per Expiration Month for 
Each Quarterly Options Series in Exchange-Traded Fund Options

December 5, 2013.
    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 December 3, 2013, BOX Options Exchange LLC (the ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I and II below, which Items 
have been prepared by the self-regulatory organization. The Commission 
is publishing this notice to solicit comments on the proposed rule from 
interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend interpretive material to Rule 5050 
(Series of Options Contracts Open for Trading) to eliminate the cap on 
the number of additional series that may be listed per expiration month 
for each Quarterly Option Series (``QOS'') in exchange-traded fund 
(``ETF'') options. 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 Web site 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 self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of these statements may be examined at 
the places specified in Item IV below. The self-regulatory organization 
has prepared summaries, set forth in Sections A, B, and C below, of the 
most significant aspects of such statements.

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

1. Purpose
    The Exchange is proposing to amend Interpretive Material (``IM'') 
5050-4 to Rule 5050 (Series of Options Contracts Open for Trading) to 
eliminate the cap on the number of additional series that may be listed 
per expiration month for each QOS in ETF options.\3\ This is a 
competitive filing that is based on proposals recently submitted by 
NYSE Arca, Inc. (``NYSE Acra'') and NYSE MKT LLC (``NYSE MKT'') that 
were recently noticed by the Commission.\4\ As set out in IM-5050-4, 
the Exchange

[[Page 75421]]

may list QOS for up to five currently listed options classes that are 
either index options or options on ETFs. The Exchange may also list QOS 
on any option classes that are selected by other securities exchanges 
that employ a similar program under their respective rules. Currently, 
for each QOS in ETF options that has been initially listed on the 
Exchange, the Exchange may list up to 60 additional series per 
expiration month.
---------------------------------------------------------------------------

    \3\ A Quarterly Option Series is a series of an option class 
that is approved for listing and trading on the Exchange in which 
the series is opened for trading on any business day, and that 
expires at the close of business on the last business day of a 
calendar quarter. The Exchange lists series that expire at the end 
of the next consecutive four (4) calendar quarters, as well as the 
fourth quarter of the next calendar year. See Rule 100(a)(54) and 
IM-5050-4(a).
    \4\ See Securities Exchange Act Release Nos. 70855 (November 13, 
2013) 78 FR 69493 (November 19, 2013) (Notice of Filing and 
Immediate Effectiveness of SR-NYSEArca-2013-120) and 070854 
(November 13, 2013) 78 FR 69465 (November 19, 2013) (Notice of 
Filing and Immediate Effectiveness of SR-NYSEMKT-2013-90).
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    The Exchange is proposing to amend IM-5050-4(d) to make the 
treatment of QOS in ETF options consistent with the treatment of QOS in 
index options. IM-6090-1 governs the QOS Program in index options. 
Index options include options on industry/narrow-based indices and 
options on market/broad-based indices.\5\ Options on ETFs are similar 
to index options because ETFs hold securities based on an index or 
portfolio of securities.\6\ The requirements and conditions of the QOS 
Program in index options, moreover, parallel those of the QOS Program 
in ETF options. For example, like the QOS Program in ETF options, the 
QOS Program in index options permits QOS in up to five currently-listed 
options classes; requires the listing of series that expire at the end 
of the next (as of the listing date) consecutive four quarters, as well 
as the fourth quarter of the next calendar year; requires the strike 
price of each QOS to be fixed at a price per share; and establishes 
parameters for the number of strike prices above and below the 
underlying index. The QOS Program in index options, however, does not 
place a cap on the number of additional series that the Exchange may 
list per expiration month for each QOS in index options. Elimination of 
the cap set out in IM-5050-4(d), therefore, would result in similar 
regulatory treatment of similar options products.\7\
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    \5\ An ``industry index'' or ``narrow-based index'' is ``an 
index designed to be representative of a particular industry or 
group of related industries.'' See Rule 6010(i). A ``market index'' 
or ``broad-based index'' is ``an index designed to be representative 
of a stock market as a whole or of a range of companies in unrelated 
industries.'' See Rule 6010(j).
    \6\ See Rule 5020(h).
    \7\ The Exchange notes that Rule IM-6090-1(d), which governs the 
addition of new series of Quarterly Options Series on index options, 
states,
    The Exchange may open additional strike prices of a Quarterly 
Options Series that are above the value of the underlying index 
provided that the total number of strike prices above the value of 
the underlying is no greater than five. The Exchange may open 
additional strike prices of a Quarterly Options Series that are 
below the value of the underlying index provided that the total 
number of strike prices below the value of the underlying index is 
no greater than five. The opening of any new Quarterly Options 
Series shall not affect the series of options of the same class 
previously opened.
    In practice, this means that the Exchange may add Quarterly 
Options Series at strikes above and below the current index value, 
so long as there are not more than five strikes above, and five 
strikes below, the current index value after such additions are 
made. The total number of Quarterly Options Series that can be 
listed at any one time is, therefore, theoretically unlimited, so 
long as there are no more than five strikes above (or below) a given 
index value when new strikes are added.
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    The Exchange believes that the proposed revision to the QOS Program 
would provide market participants with the ability to better tailor 
their trading to meet their investment objectives, including hedging 
securities positions, by permitting the Exchange to list additional QOS 
in ETF options that meet such objectives. The Exchange has observed 
that situations arise in which additional strike prices in smaller 
intervals would be valuable to investors. However, due to the cap on 
additional QOS series the Exchange cannot always provide these 
important at-the-money strikes. Elimination of the cap would remedy 
this issue.
    Currently, the Exchange lists quarterly expiration options on six 
ETFs, but the cap restricts the number of strikes on these options, 
which often results in a lack of strike continuity. For example, the 
Exchange lists quarterly expiration options on SPDR Gold Trust 
(``GLD''). On January 2, 2013, the Exchange initially listed December 
31, 2013 quarterly expiration options (``December 2013 Quarterlies'') 
on GLD, which closed the previous trading day at $162.02, with initial 
strikes from $115 to $210, and additional strikes in $1 intervals from 
$131 to $189. But during 2013, GLD has closed at a range of $115.94 to 
$163.67 and is currently trading around $125. As a result of the cap, 
the Exchange cannot offer December 2013 Quarterlies on GLD in $1 
intervals within $10 of the closing price of GLD because the number of 
strikes would exceed the cap of 60 additional strikes. Consequently, 
the Exchange is not able to list important at-the-money strikes due to 
the cap on additional strikes. While the Exchange has the ability to 
delist strikes with no open interest so that it may list strikes that 
are closer to the money, delisting is not always possible. If all of 
the existing strikes have open interest, the Exchange cannot delist 
strikes so that it may list strikes closer to the money.
    But the Exchange is not subject to a similar cap on the number of 
additional weekly or monthly expiration options it can list on ETFs.\8\ 
So, for example, the Exchange can list additional weekly expiration 
options on GLD in $1 and $0.50 intervals within $5 of the closing price 
of GLD, and additional monthly expiration options in $1 intervals from 
$85 to $178. Therefore, due to the cap, the Exchange cannot list, and 
an investor cannot structure, an investment on a quarterly basis with 
the same granularity that can be achieved on a weekly or monthly basis.
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    \8\ For Short Term Options Series (``weekly options''), IM-5050-
6(b) sets a maximum number of strikes, but the Exchange can exceed 
this maximum number of strikes under certain circumstances. 
Specifically, ``in the event that the underlying security has moved 
such that there are no series that are at least 10% above or below 
the current price of the underlying security and all existing series 
have open interest, BOX may list additional series, in excess of the 
30 allowed under IM-5050-6(b), that are between 10% and 30% above or 
below the price of the underlying security.''
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    Similarly, the Exchange lists quarterly options on SPDR S&P 500 ETF 
(``SPY''), which during 2013 closed at a range of $145.55 to $173.05. 
Again, due to the cap, the Exchange cannot offer quarterly expiration 
options on SPY in $1 intervals above $170 because the number of 
additional strikes would exceed the cap of 60. Instead, the Exchange is 
forced to list quarterly expiration options on SPY at $5 intervals 
above $170, despite the fact that SPY has recently traded between $165 
and $170. As such, if SPY would again increase to $170, then the 
Exchange would only be able to offer options with a strike price $5 
away from the price of the underlying ETF due to the cap on additional 
strikes.
    On the other hand, in contrast to the limitations imposed on the 
Exchange for quarterly expiration options on ETFs, the absence of a 
similar cap on quarterly expiration options on indexes means that the 
Exchange can list, and investors can achieve, more granularity in 
index-based options. For example, S&P 500 Mini--SPX options (``SPX'') 
are options on the S&P 500 index, as opposed to options on SPY, the ETF 
based on that same S&P 500 index. SPX options are used to hedge SPY 
positions and are traded at the equivalent of one point and one-half 
point intervals. The SPX trades at 10 times the value of SPY, so that 
if SPY trades at $168.70, SPX trades at $1687. Therefore, the strike 
price for a quarterly expiration option on SPX, that is a hedge for a 
quarterly expiration option on SPY at $170, would be $1700. The 
Exchange can offer quarterly expiration options on SPX with strike 
prices of $1670, $1680, $1690, and $1700 because there is no cap on 
quarterly expiration index-based options. However, the Exchange cannot 
similarly offer quarterly expiration options on SPY with similar strike 
price

[[Page 75422]]

continuity because of the cap on quarterly expiration ETF-based 
options.
    Elimination of the cap would also help market participants meet 
their investment objectives by providing expanded opportunities to roll 
ETF options into later quarters. For example, a market participant that 
holds one or more contracts in a QOS in an ETF put option that has a 
strike price of $120 and an expiration date of the last day of the 
third quarter may wish to roll that position into the fourth quarter. 
That is, the market participant may wish to close out the contracts set 
to expire at the end of the third quarter and instead establish a 
position in the same number of contracts in a QOS in a put option on 
the same ETF with the same strike price of $120, but with an expiration 
date of the last day of the fourth quarter. Because of the cap on 
additional QOS in ETF options, however, the Exchange may not be able to 
list additional QOS in the ETF. Elimination of the cap, though, would 
allow the Exchange to meet the investment needs of market participants 
in such situations.
    The Exchange has sufficient capacity to handle increased quote and 
trade reporting traffic that might be expected to result from listing 
additional QOS in ETF options. The Exchange notes that it has purchased 
capacity from the Options Price Reporting Authority (``OPRA'') to 
handle its options quote and trade reporting traffic.\9\ The Exchange 
believes that it has acquired sufficient capacity to handle increased 
quote and trade reporting traffic that might be expected to result from 
listing additional QOS in ETF options.\10\ In the Exchange's view, it 
would be inconsistent to prohibit the listing of additional QOS beyond 
a specified cap when each exchange independently purchases capacity to 
meet its quote and trade reporting traffic needs.
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    \9\ See Exchange Act Release No. 48822 (Nov. 21, 2003), 68 FR 
66892 (Nov. 28, 2003) (SR-OPRA-2003-01) (requiring exchanges to 
acquire options market data transmission capacity independently, 
rather than jointly).
    \10\ The SEC has relied upon an exchange's representation that 
it has sufficient capacity to support new options series in 
approving a rule amendment permitting the listing of additional 
option series. See Exchange Act Release No. 57410 (Jan. 17, 2008), 
73 FR 12483, 12484 (Mar. 7, 2008) (SR-CBOE-2007-96) (amendments to 
CBOE Rule 5.5(e)(3)) (``In approving the proposed rule change, the 
Commission has relied upon the Exchange's representation that it has 
the necessary systems capacity to support new options series that 
will result from this proposal'').
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    Moreover, the Exchange has in place a quote mitigation plan that 
helps it maintain sufficient capacity to handle quote traffic. The 
plan, which has been approved by the Commission, reduces the number of 
quotations that the Exchange disseminates by limiting disseminated 
quotes to active options series only.\11\
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    \11\ See Rule 7250 (Quote Mitigation).
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    To help ensure that only active options series are listed, the 
Exchange also has in place procedures to delist inactive series. IM-
5050-4(f) requires the Exchange to review QOS that are outside of a 
range of five strikes above and five strikes below the current price of 
the underlying ETF. Based on that review, the Exchange must delist 
series with no open interest in both the call and the put series having 
(i) a strike price higher than the highest price with open interest in 
the put and/or call series for a given expiration month, and (ii) a 
strike price lower than the lowest strike price with open interest in 
the put and/or call series for a given expiration month.
    The Exchange's experience with listing additional QOS in ETF 
options at the end of 2008 also indicates that it has sufficient 
capacity to handle increased order and quote traffic that might be 
expected to result from listing additional QOS in ETF options. The 
Exchange established a temporary rule that permitted the Exchange to 
list up to 100 additional series per expiration month for each QOS in 
ETF option in the fourth quarter of 2008, and for the new expiration 
month being added after the December 2008 QOS expiration.\12\ The 
Exchange did not experience capacity constraints during this temporary 
increase.
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    \12\ See Exchange Act Release No. 58996 (November 21, 2008), 73 
FR 72878 (December 1, 2008) (SR-BSE-2008-55). The Exchange amended 
the cap on additional series per expiration month for each QOS in 
ETF options during the financial crisis in 2008. The amendment was 
in response to requests for lower priced strikes on certain ETFs. 
Other options exchanges amended their rules quarterly options series 
rules to permit the listing of additional series in ETF options. 
See, e.g., Exchange Act Release No. 59012 (November 24, 2008), 73 FR 
73371 (December 2, 2008) (amendments to Commentary .08 to NYSE Arca 
Rule 6.4)
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 2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of Section 6(b) of the Securities Exchange Act of 1934 
(the ``Act''),\13\ in general, and Section 6(b)(5) of the Act,\14\ in 
particular, in that it is designed to prevent fraudulent and 
manipulative acts and practices, to promote just and equitable 
principles of trade, to foster cooperation and coordination with 
persons engaged in facilitating transactions in securities, to remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system, and, in general to protect investors and the 
public interest.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change is designed to 
remove impediments to and perfect the mechanism of a free and open 
market because it will expand the investment options available to 
investors and will allow for more efficient risk management. The 
Exchange believes that removing the cap on the number of QOS in ETF 
options permitted to be listed on the Exchange will result in a 
continuing benefit to investors by giving them more flexibility to 
closely tailor their investment and hedging decisions to their needs, 
and therefore, the proposal is designed to protect investors and the 
public interest. Additionally, by removing the cap, the proposed rule 
change will make the treatment of QOS in ETF options consistent with 
the treatment of QOS in index options, thus resulting in similar 
regulatory treatment for similar options products.
    While the expansion of the number of QOS in ETF options is expected 
to generate additional quote traffic, the Exchange believes that this 
increased traffic will be manageable and will not present capacity 
problems. As previously stated, the Exchange has in place a quote 
mitigation plan that helps it maintain sufficient capacity to handle 
quote traffic. To help ensure that only active options series are 
listed, Exchange procedures are designed to delist inactive series, 
ensuring that any additional quote traffic is a result of interest in 
active series.

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. In this regard and as indicated 
above, the Exchange notes that the rule change is being proposed as a 
competitive response to filings submitted by NYSE Arca and NYSE MKT 
that were recently noticed by the Commission.\15\
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    \15\ See supra, note 4.
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    The Exchange believes that investors would benefit from the 
introduction of additional QOS in ETF options by providing investors 
with more flexibility to closely tailor their investment and hedging 
decisions to their needs. Additionally, Exchange procedures for 
delisting inactive series will ensure that only active series with 
sufficient investor interest will be made available and maintained on 
the Exchange.

[[Page 75423]]

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

    The Exchange has neither solicited nor received comments on the 
proposed rule change.

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

    Because the proposed rule change does not (i) significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate, the proposed rule change has become effective 
pursuant to Section 19(b)(3)(A) of the Act \16\ and Rule 19b-4(f)(6) 
thereunder.\17\
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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
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    The Exchange has asked the Commission to waive the 30-day operative 
delay so that the proposal may become operative immediately upon 
filing. The Exchange stated that waiver of this requirement will 
promote fair competition among the exchanges by allowing the Exchange 
to treat QOS in ETF options in the same manner as QOS in index options 
at the same time as NYSE Arca and NYSE MKT. The Exchange also stated 
that the proposal would allow the Exchange to meet investor demand for 
an expanded number of QOS in ETF options, allowing investors to meet 
investment objectives, including hedging securities positions, 
currently unavailable because of the limited number of QOS in ETF 
options available. For these reasons, the Commission believes that the 
proposed rule change presents no novel issues, and waiver will allow 
the Exchange to remain competitive with other exchanges. Therefore, the 
Commission designates the proposed rule change to be operative upon 
filing.\18\
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    \18\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings 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 rule-comments@sec.gov. Please include 
File Number SR-BOX-2013-57 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-BOX-2013-57. 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 Web site (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 Web site 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 the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BOX-2013-57 and should be 
submitted on or before January 2, 2014.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-29489 Filed 12-10-13; 8:45 am]
BILLING CODE 8011-01-P