Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Interpretive Material to Rule 7150 (Price Improvement Period “PIP”) and Interpretive Material to Rule 7245 (Complex Order Price Improvement Period “COPIP”) To Extend the Pilot Period That Permit the Exchange To Have No Minimum Size Requirement for Orders Entered Into the PIP and COPIP Until July 18, 2015, 75211-75213 [2014-29621]
Download as PDF
Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Notices
customers, as well as retaining existing
customers.
The Exchange has witnessed
competitors creating new products and
innovative pricing in this space over the
course of the past year. NASDAQ
continues to see firms challenge its
pricing on the basis of the Exchange’s
explicit fees being higher than the zeropriced fees from other competitors such
as BATS. In all cases, firms make
decisions on how much and what types
of data to consume on the basis of the
total cost of interacting with NASDAQ
or other exchanges. Of course, the
explicit data fees are but one factor in
a total platform analysis. Some
competitors have lower transactions fees
and higher data fees, and others are vice
versa. For example, NOM offers one
distributor fee which allows firms to
access both the BONO and ITTO data
feeds. The market for this information is
highly competitive and continually
evolves as products develop and
change.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor received.
mstockstill on DSK4VPTVN1PROD with NOTICES
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 Act.6 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, as amended, is consistent with
the Act. Comments may be submitted by
any of the following methods:
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NASDAQ–2014–119 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NASDAQ–2014–119. 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 (https://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
offices 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–
NASDAQ–2014–119, and should be
submitted on or before January 7, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–29499 Filed 12–16–14; 8:45 am]
BILLING CODE 8011–01–P
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–73831; File No. SR–BOX–
2014–27]
Self-Regulatory Organizations; BOX
Options Exchange LLC; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change To Amend
Interpretive Material to Rule 7150
(Price Improvement Period ‘‘PIP’’) and
Interpretive Material to Rule 7245
(Complex Order Price Improvement
Period ‘‘COPIP’’) To Extend the Pilot
Period That Permit the Exchange To
Have No Minimum Size Requirement
for Orders Entered Into the PIP and
COPIP Until July 18, 2015
December 12, 2014.
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
5, 2014, BOX Options Exchange LLC
(‘‘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.
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 7150 (Price
Improvement Period ‘‘PIP’’) and
Interpretive Material to Rule 7245
(Complex Order Price Improvement
Period ‘‘COPIP’’) to extend the pilot
programs that permit the Exchange to
have no minimum size requirement for
orders entered into the PIP (‘‘PIP Pilot
Program’’) and COPIP (‘‘COPIP Pilot
Program’’). 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 https://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
1 15
6 15
U.S.C. 78s(b)(3)(a)[sic](ii).
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Fmt 4703
2 17
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E:\FR\FM\17DEN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
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Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Notices
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
mstockstill on DSK4VPTVN1PROD with NOTICES
1. Purpose
The purpose of the proposed rule
change is to extend the PIP and COPIP
Pilot Programs for an additional seven
months or until the date on which the
pilot programs are approved on a
permanent basis, whichever is earlier.
The PIP and COPIP Pilot Programs
allow the Exchange to have no
minimum size requirement for orders
entered into the PIP 3 and the COPIP.4
The Exchange has committed to provide
3 The PIP Pilot Program is currently set to expire
on December 18, 2014. See Securities Exchange Act
Release Nos. 66871 (April 27, 2012) 77 FR 26323
(May 3, 2012) (File No.10–206, In the Matter of the
Application of BOX Options Exchange LLC for
Registration as a National Securities Exchange
Findings, Opinion, and Order of the Commission),
67255 (June 26, 2012) 77 FR 39315 (July 2, 2013)
(SR–BOX–2012–009) (Notice of Filing and
Immediate Effectiveness of a Proposal To Extend a
Pilot Program That Permits BOX to Have No
Minimum Size Requirement for Orders Entered Into
the Price Improvement Period), 69846 (June 25,
2013) 78 FR 39365 (July 1, 2013) (SR–BOX–2013–
33) (Notice of Filing and Immediate Effectiveness of
a Proposal To Extend a Pilot Program That Permits
BOX to Have No Minimum Size Requirement for
Orders Entered Into the Price Improvement Period),
72545 (July 7, 2014) 79 FR 40182 (July 11, 2014)
(SR–BOX–2014–19) (Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change
to amend Interpretive Material to Rule 7150 (Price
Improvement Period ‘‘PIP’’) and Interpretive
Material to Rule 7245 (Complex Order Price
Improvement Period ‘‘COPIP’’), and 73314 (October
7, 2014) 79 FR 61682 (October 14, 2014) (SR–BOX–
2014–23) (Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change To Extend
the Pilot Programs That Permit the Exchange To
Have No Minimum Size Requirement for Orders
Entered Into the PIP (‘‘PIP Pilot Program’’) and
COPIP (‘‘COPIP Pilot Program’’) Until December 18,
2014).
4 The COPIP Pilot Program is currently set to
expire on December 18, 2014. See Securities
Exchange Act Release Nos. 71148 (December 19,
2013) 78 FR 78437 (December 26, 2013) (Notice of
Filing of Amendment Nos. 1 and 2 and Order
Granting Accelerated Approval of a Proposed Rule
Change, as Modified by Amendment Nos. 1 and 2,
to Permit Complex Orders to Participate in Price
Improvement Periods), 72545 (July 7, 2014) 79 FR
40182 (July 11, 2014) (SR–BOX–2014–19) (Notice of
Filing and Immediate Effectiveness of a Proposed
Rule Change to amend Interpretive Material to Rule
7150 (Price Improvement Period ‘‘PIP’’) and
Interpretive Material to Rule 7245 (Complex Order
Price Improvement Period ‘‘COPIP’’), and 73314
(October 7, 2014) 79 FR 61682 (October 14, 2014)
(SR–BOX–2014–23) (Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change
To Extend the Pilot Programs That Permit the
Exchange To Have No Minimum Size Requirement
for Orders Entered Into the PIP (‘‘PIP Pilot
Program’’) and COPIP (‘‘COPIP Pilot Program’’)
Until December 18, 2014).
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19:49 Dec 16, 2014
Jkt 235001
certain data to the Commission during
the PIP and COPIP Pilot Programs.5 The
proposed rule change retains the text of
IM–7150–1 to Rule 7150 and IM–7245–
1 to Rule 7245; and seeks to extend the
operation of the PIP and COPIP Pilot
Programs until July 18, 2015.
The Exchange notes that the PIP and
COPIP Pilot Programs permit
Participants to trade with their customer
orders that are less than 50 contracts. In
particular, any order entered into the
PIP is guaranteed an execution at the
end of the auction at a price at least
equal to the national best bid or offer.
Any order entered into the COPIP is
guaranteed an execution at the end of
the auction at a price at least equal to
or better than the cNBBO,6 cBBO 7 and
BBO on the Complex Order Book for the
Strategy at the time of commencement.
In further support of this proposed rule
change, the Exchange will submit to the
Commission monthly a PIP Pilot
Program Report and a COPIP Pilot
Program Report, offering detailed data
from, and analysis of, the PIP Pilot
Program and COPIP Pilot Program.
The Exchange believes that, by
extending the expiration of the PIP and
COPIP Pilot Programs, the proposed rule
change will allow for further analysis of
the PIP and COPIP Pilot Programs and
a determination of how the PIP and
COPIP Pilot Programs shall be
structured in the future.
2. Statutory Basis
The Exchange believes that the
proposal is consistent with the
requirements of Section 6(b) of the Act,8
in general, and Section 6(b)(5) of the
Act,9 in particular, in that it is designed
to foster cooperation and coordination
with persons engaged in regulating,
clearing, settling, processing
information with respect to, and
facilitating transactions in securities, to
remove impediments to and perfect the
mechanism for a free and open market
and a national market system and, in
general, to protect investors and the
public interest. The Exchange believes
that the data demonstrates that there is
sufficient investor interest and demand
to extend the PIP and COPIP Pilot
Programs for an additional seven
5 See
supra note 3 at 26334 and note 4 at 78441.
defined in BOX Rule 7240(a)(3), the term
‘‘cNBBO’’ means the best net bid and offer price for
a Complex Order Strategy based on the NBBO for
the individual options components of such
Strategy.
7 As defined in BOX Rule 7240(a)(1), the term
‘‘cBBO’’ means the best net bid and offer price for
a Complex Order Strategy based on the BBO on the
BOX Book for the individual options components
of such Strategy.
8 15 U.S.C. 78f(b).
9 15 U.S.C. 78f(b)(5).
months or until the date on which the
pilot programs are approved on a
permanent basis, whichever is earlier.
The Exchange represents that the PIP
and COPIP Pilot Programs are designed
to create tighter markets and ensure that
each order receives the best possible
price.
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. Specifically,
the Exchange believes that, by extending
the expiration of the PIP and COPIP
Pilot Programs, the proposed rule
change will allow for further analysis of
the PIP and COPIP Pilot Programs and
a determination of how the PIP and
COPIP Pilot Programs shall be
structured in the future. In doing so, the
proposed rule change will also serve to
promote regulatory clarity and
consistency, thereby reducing burdens
on the marketplace and facilitating
investor protection.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has neither solicited
nor received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 10 and Rule 19b–4(f)(6) 11
thereunder because the proposal does
not: (i) Significantly affect the
protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) by its
terms, become operative for 30 days
from the date on which it was filed, or
such shorter time as the Commission
may designate if consistent with the
protection of investors and the public
interest.12
A proposed rule change filed under
Rule 19b–4(f)(6) normally may not
become operative prior to 30 days after
the date of filing. However, Rule 19b–
6 As
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
10 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
12 In addition, Rule 19b–4(f)(6)(iii) requires the
Exchange to give the Commission written notice of
the Exchange’s intent to file the proposed rule
change, along with a brief description and text of
the proposed rule change, at least five business days
prior to the date of filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Exchange has satisfied this
requirement.
11 17
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Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Notices
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 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;
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–
2014–27 and should be submitted on or
before January 7, 2015.
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:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Kevin M. O’Neill,
Deputy Secretary.
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
BOX–2014–27 on the subject line.
mstockstill on DSK4VPTVN1PROD with NOTICES
4(f)(6)(iii) 13 permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. The
Exchange has requested that the
Commission waive the 30-day operative
delay period so the pilot programs can
continue without interruption. The
Commission believes that waiving the
30-day operative delay is consistent
with the protection of investors and the
public interest, as it will allow the pilot
programs to continue uninterrupted,
thereby avoiding any potential investor
confusion that could result from a
temporary interruption in the pilot
programs. For these reasons, the
Commission designates the proposed
rule change to be operative on December
18, 2014.14
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.15
SECURITIES AND EXCHANGE
COMMISSION
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–2014–27. 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 (https://www.sec.gov/
rules/sro.shtml). Copies of the
13 17
CFR 240.19b–4(f)(6)(iii).
purposes only of waiving the operative
delay for this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
15 15 U.S.C. 78s(b)(3)(C).
14 For
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[FR Doc. 2014–29621 Filed 12–16–14; 8:45 am]
75213
change to amend Rule 6.2A to authorize
the Exchange to share any Userdesignated risk settings in Exchange
systems with the Clearing Member 3 that
clears transactions on behalf of the
User.4 The proposed rule change was
published for comment in the Federal
Register on October 7, 2014.5 On
November 19, 2014, the Exchange
submitted Amendment No. 1 to the
proposed rule change.6 On November
21, 2014, pursuant to Section 19(b)(2) of
the Exchange Act,7 the Commission
designated a longer period within which
to approve the proposed rule change,
disapprove the proposed rule change, or
institute proceedings to determine
whether to disapprove the proposed
rule change.8 The Commission received
no comments on the proposal. The
Commission is publishing this notice to
solicit comments from interested
persons on Amendment No. 1 to the
proposed rule change and is approving
the proposed rule change, as modified
by Amendment No. 1 thereto, on an
accelerated basis.
II. Description of the Proposal
The Exchange proposes to amend
Exchange Rule 6.2A (Access to and
Conduct on OX) to state that the
Exchange may share any Userdesignated risk settings in the
BILLING CODE 8011–01–P
[Release No. 34–73818; File No. SR–
NYSEArca–2014–110]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing of
Amendment No. 1 and Order Granting
Accelerated Approval of a Proposed
Rule Change, as Modified by
Amendment No. 1 Thereto, Amending
Rule 6.2A To Authorize the Exchange
to Share Any User-Designated Risk
Settings in Exchange Systems With
the Clearing Member That Clears
Transactions on Behalf of the User
December 11, 2014.
I. Introduction
On September 19, 2014, NYSE Arca,
Inc., (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder,2 a proposed rule
16 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
3 See Exchange Rule 6.1(b)(3) defining ‘‘Clearing
Member’’ as ‘‘an Exchange OTP Firm or OTP Holder
which has been admitted to membership in the
Options Clearing Corporation pursuant to the
provisions of the Rules of the Options Clearing
Corporation.’’
4 See Exchange Rule 6.1A(a)(19) defining ‘‘User’’
as ‘‘any OTP Holder, OTP Firm or Sponsored
Participant that is authorized to obtain access to OX
pursuant to Rule 6.2A.’’
5 See Securities Exchange Act Release No. 73281
(October 1, 2014), 79 FR 60552 (‘‘Notice’’).
6 In Amendment No. 1, the Exchange provided
additional justification for why the Exchange
believes the proposed rule change is consistent with
the Act. In Amendment No. 1, the Exchange states,
among other things, that the Exchange believes that
sharing a User’s risk settings directly with its
Clearing Member could reduce the administrative
burden on Users to provide that information to their
Clearing Members themselves and notes that any
User could become a Clearing Member, which
would allow the User to avoid sharing its risk
settings with any third party. Amendment No. 1 has
been placed in the public comment file for SR–
NYSEArca–2014–110 at https://www.sec.gov/
comments/sr-nysearca-2014-110/nysearca20141101.pdf (See letter to Kevin M. O’Neill, Deputy
Secretary, Commission, from Martha Redding, Chief
Counsel and Assistant Corporate Secretary, New
York Stock Exchange, dated November 20, 2014)
and is also available on the Exchange’s Web site.
7 15 U.S.C. 78s(b)(2).
8 See Securities Exchange Act Release No. 34–
73668, 79 FR 70607 (November 26, 2014). The
Commission designated January 5, 2014 as the date
by which it should approve, disapprove, or institute
proceedings to determine whether to disapprove the
proposed rule change.
E:\FR\FM\17DEN1.SGM
17DEN1
Agencies
[Federal Register Volume 79, Number 242 (Wednesday, December 17, 2014)]
[Notices]
[Pages 75211-75213]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29621]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-73831; File No. SR-BOX-2014-27]
Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Interpretive Material to Rule 7150 (Price Improvement Period
``PIP'') and Interpretive Material to Rule 7245 (Complex Order Price
Improvement Period ``COPIP'') To Extend the Pilot Period That Permit
the Exchange To Have No Minimum Size Requirement for Orders Entered
Into the PIP and COPIP Until July 18, 2015
December 12, 2014.
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 5, 2014, BOX Options Exchange LLC (``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 7150
(Price Improvement Period ``PIP'') and Interpretive Material to Rule
7245 (Complex Order Price Improvement Period ``COPIP'') to extend the
pilot programs that permit the Exchange to have no minimum size
requirement for orders entered into the PIP (``PIP Pilot Program'') and
COPIP (``COPIP Pilot Program''). 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 https://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
[[Page 75212]]
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 purpose of the proposed rule change is to extend the PIP and
COPIP Pilot Programs for an additional seven months or until the date
on which the pilot programs are approved on a permanent basis,
whichever is earlier. The PIP and COPIP Pilot Programs allow the
Exchange to have no minimum size requirement for orders entered into
the PIP \3\ and the COPIP.\4\ The Exchange has committed to provide
certain data to the Commission during the PIP and COPIP Pilot
Programs.\5\ The proposed rule change retains the text of IM-7150-1 to
Rule 7150 and IM-7245-1 to Rule 7245; and seeks to extend the operation
of the PIP and COPIP Pilot Programs until July 18, 2015.
---------------------------------------------------------------------------
\3\ The PIP Pilot Program is currently set to expire on December
18, 2014. See Securities Exchange Act Release Nos. 66871 (April 27,
2012) 77 FR 26323 (May 3, 2012) (File No.10-206, In the Matter of
the Application of BOX Options Exchange LLC for Registration as a
National Securities Exchange Findings, Opinion, and Order of the
Commission), 67255 (June 26, 2012) 77 FR 39315 (July 2, 2013) (SR-
BOX-2012-009) (Notice of Filing and Immediate Effectiveness of a
Proposal To Extend a Pilot Program That Permits BOX to Have No
Minimum Size Requirement for Orders Entered Into the Price
Improvement Period), 69846 (June 25, 2013) 78 FR 39365 (July 1,
2013) (SR-BOX-2013-33) (Notice of Filing and Immediate Effectiveness
of a Proposal To Extend a Pilot Program That Permits BOX to Have No
Minimum Size Requirement for Orders Entered Into the Price
Improvement Period), 72545 (July 7, 2014) 79 FR 40182 (July 11,
2014) (SR-BOX-2014-19) (Notice of Filing and Immediate Effectiveness
of a Proposed Rule Change to amend Interpretive Material to Rule
7150 (Price Improvement Period ``PIP'') and Interpretive Material to
Rule 7245 (Complex Order Price Improvement Period ``COPIP''), and
73314 (October 7, 2014) 79 FR 61682 (October 14, 2014) (SR-BOX-2014-
23) (Notice of Filing and Immediate Effectiveness of a Proposed Rule
Change To Extend the Pilot Programs That Permit the Exchange To Have
No Minimum Size Requirement for Orders Entered Into the PIP (``PIP
Pilot Program'') and COPIP (``COPIP Pilot Program'') Until December
18, 2014).
\4\ The COPIP Pilot Program is currently set to expire on
December 18, 2014. See Securities Exchange Act Release Nos. 71148
(December 19, 2013) 78 FR 78437 (December 26, 2013) (Notice of
Filing of Amendment Nos. 1 and 2 and Order Granting Accelerated
Approval of a Proposed Rule Change, as Modified by Amendment Nos. 1
and 2, to Permit Complex Orders to Participate in Price Improvement
Periods), 72545 (July 7, 2014) 79 FR 40182 (July 11, 2014) (SR-BOX-
2014-19) (Notice of Filing and Immediate Effectiveness of a Proposed
Rule Change to amend Interpretive Material to Rule 7150 (Price
Improvement Period ``PIP'') and Interpretive Material to Rule 7245
(Complex Order Price Improvement Period ``COPIP''), and 73314
(October 7, 2014) 79 FR 61682 (October 14, 2014) (SR-BOX-2014-23)
(Notice of Filing and Immediate Effectiveness of a Proposed Rule
Change To Extend the Pilot Programs That Permit the Exchange To Have
No Minimum Size Requirement for Orders Entered Into the PIP (``PIP
Pilot Program'') and COPIP (``COPIP Pilot Program'') Until December
18, 2014).
\5\ See supra note 3 at 26334 and note 4 at 78441.
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The Exchange notes that the PIP and COPIP Pilot Programs permit
Participants to trade with their customer orders that are less than 50
contracts. In particular, any order entered into the PIP is guaranteed
an execution at the end of the auction at a price at least equal to the
national best bid or offer. Any order entered into the COPIP is
guaranteed an execution at the end of the auction at a price at least
equal to or better than the cNBBO,\6\ cBBO \7\ and BBO on the Complex
Order Book for the Strategy at the time of commencement. In further
support of this proposed rule change, the Exchange will submit to the
Commission monthly a PIP Pilot Program Report and a COPIP Pilot Program
Report, offering detailed data from, and analysis of, the PIP Pilot
Program and COPIP Pilot Program.
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\6\ As defined in BOX Rule 7240(a)(3), the term ``cNBBO'' means
the best net bid and offer price for a Complex Order Strategy based
on the NBBO for the individual options components of such Strategy.
\7\ As defined in BOX Rule 7240(a)(1), the term ``cBBO'' means
the best net bid and offer price for a Complex Order Strategy based
on the BBO on the BOX Book for the individual options components of
such Strategy.
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The Exchange believes that, by extending the expiration of the PIP
and COPIP Pilot Programs, the proposed rule change will allow for
further analysis of the PIP and COPIP Pilot Programs and a
determination of how the PIP and COPIP Pilot Programs shall be
structured in the future.
2. Statutory Basis
The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\8\ in general, and Section
6(b)(5) of the Act,\9\ in particular, in that it is designed to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism for a free and open market and a national market
system and, in general, to protect investors and the public interest.
The Exchange believes that the data demonstrates that there is
sufficient investor interest and demand to extend the PIP and COPIP
Pilot Programs for an additional seven months or until the date on
which the pilot programs are approved on a permanent basis, whichever
is earlier. The Exchange represents that the PIP and COPIP Pilot
Programs are designed to create tighter markets and ensure that each
order receives the best possible price.
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\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(5).
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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. Specifically, the Exchange
believes that, by extending the expiration of the PIP and COPIP Pilot
Programs, the proposed rule change will allow for further analysis of
the PIP and COPIP Pilot Programs and a determination of how the PIP and
COPIP Pilot Programs shall be structured in the future. In doing so,
the proposed rule change will also serve to promote regulatory clarity
and consistency, thereby reducing burdens on the marketplace and
facilitating investor protection.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange has neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) \11\ thereunder
because the proposal does not: (i) Significantly affect the protection
of investors or the public interest; (ii) impose any significant burden
on competition; and (iii) by its terms, become operative for 30 days
from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest.\12\
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\10\ 15 U.S.C. 78s(b)(3)(A).
\11\ 17 CFR 240.19b-4(f)(6).
\12\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to
give the Commission written notice of the Exchange's intent to file
the proposed rule change, along with a brief description and text of
the proposed rule change, at least five business days prior to the
date of filing of the proposed rule change, or such shorter time as
designated by the Commission. The Exchange has satisfied this
requirement.
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A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.
However, Rule 19b-
[[Page 75213]]
4(f)(6)(iii) \13\ permits the Commission to designate a shorter time if
such action is consistent with the protection of investors and the
public interest. The Exchange has requested that the Commission waive
the 30-day operative delay period so the pilot programs can continue
without interruption. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest, as it will allow the pilot programs to continue
uninterrupted, thereby avoiding any potential investor confusion that
could result from a temporary interruption in the pilot programs. For
these reasons, the Commission designates the proposed rule change to be
operative on December 18, 2014.\14\
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\13\ 17 CFR 240.19b-4(f)(6)(iii).
\14\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of 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.\15\
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\15\ 15 U.S.C. 78s(b)(3)(C).
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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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-BOX-2014-27 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-2014-27. 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 (https://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 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; 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-2014-27 and should be
submitted on or before January 7, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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\16\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-29621 Filed 12-16-14; 8:45 am]
BILLING CODE 8011-01-P