Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Reduce the Order Handling Period for Directed Orders From Three Seconds to One Second, 9063-9065 [2016-03662]
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Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
of the purposes of the Act, as
amended.19 In terms of inter-market
competition, the Exchange notes that it
operates in a highly competitive market
in which market participants can
readily favor competing venues if they
deem fee levels at a particular venue to
be excessive, or credit opportunities
available at other venues to be more
favorable. In such an environment, the
Exchange must continually adjust its
fees and credits to remain competitive
with other exchanges and with
alternative trading systems that have
been exempted from compliance with
the statutory standards applicable to
exchanges. Because competitors are free
to modify their own fees and credits in
response, and because market
participants may readily adjust their
order routing practices, the Exchange
believes that the degree to which fee
changes in this market may impose any
burden on competition is extremely
limited.
In this instance, the proposed
additional $0.0001 per share executed
credit for displayed quotes/orders that
provide liquidity priced at $1 or more
in connection with the NBBO Program
under Nasdaq Rule 7014(g), as well as
the easing of the criteria under Nasdaq
Rule 7018(a) to receive a $0.0030
executed rebate for displayed quotes/
orders (other than Supplemental Orders
or Designated Retail Orders) that
provide liquidity, do not impose a
burden on competition because the
Exchange’s execution services are
voluntary and subject to extensive
competition both from other exchanges
and from off-exchange venues. The
Exchange believes that the competition
among exchanges and other venues will
help to drive price improvement and
overall execution quality higher for
investors.
In sum, if the rule change proposed
herein is unattractive to market
participants, it is likely that the
Exchange will lose market share as a
result. Accordingly, the Exchange does
not believe that the proposed change
will impair the ability of members or
competing order execution venues to
maintain their competitive standing in
the financial markets.
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.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act.20 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.
IV. Solicitation of Comments
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–2016–020, and should be
submitted on or before March 15, 2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.21
Robert W. Errett,
Deputy Secretary.
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:
[FR Doc. 2016–03660 Filed 2–22–16; 8:45 am]
Electronic Comments
[Release No. 34–77154 ; File No. SR–BOX–
2016–08]
• 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–
NASDAQ–2016–020 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–NASDAQ–2016–020. 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
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Self-Regulatory Organizations; BOX
Options Exchange LLC; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change To Reduce
the Order Handling Period for Directed
Orders From Three Seconds to One
Second
February 17, 2016.
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 February
5, 2016, 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to reduce the
order handling period for Directed
Orders from three seconds to one
second. 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.
21 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
19 15
U.S.C. 78f(b)(8).
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U.S.C. 78s(b)(3)(A)(ii).
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Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices
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.
mstockstill on DSK4VPTVN1PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend
Rule 8040(d)(4) (Obligations of Market
Makers) of the BOX Trading Rules, and
the corresponding IM–8040–1 to reduce
the order handling period for Directed
Orders from three seconds to one
second.3 Based on trading and order
management systems technology today,
a three second period for a Market
Maker to determine how to proceed
with a Directed Order on BOX is simply
unnecessary and BOX believes one
second to act upon a Directed Order is
more appropriate.
Currently, upon receipt of a Directed
Order, an Executing Participant (‘‘EP’’)
has three seconds to either submit the
Directed Order to the Price
Improvement Period (‘‘PIP’’) 4 or send
the Directed Order to the BOX Book. If,
three seconds after receipt of a Directed
Order, an EP has not taken any action
on the Directed Order, then BOX
automatically releases the Directed
Order to the BOX Book. The Exchange
proposes to reduce the amount of time
that an EP has to act on a Directed Order
to one second.
IM–8040–1 currently provides that
Market Makers are expected to act upon
Directed Orders as immediately as
practicable, which must not exceed
three seconds. The Exchange proposes
that this be reduced to one second.
When approving previous reductions
in order handling and exposure periods
on BOX, the Commission concluded
that, in the electronic environment of
BOX, ‘‘reducing each of these exposure
periods from three seconds to one
second could facilitate the prompt
3 A Directed Order is any Customer Order to buy
or sell which has been directed to a particular
Market Maker by an Order Flow Provider (‘‘OFP’’).
See BOX Rule 100(a)(19).
4 See BOX Rule 7150.
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Jkt 238001
execution of orders, while continuing to
provide market participants with an
opportunity to compete for exposed bids
and offers.’’ 5 While BOX recognizes that
exposure and handling periods are
different, BOX believes that reducing
the handling period from three seconds
to one second falls under the same
rationale that the Commission approved
for the reduction of the exposure
period.6 Specifically, both situations
involve decision making by a
Participant’s systems, whether it be to
respond to the exposed order or how to
handle a Directed Order. Therefore, the
Exchange believes that the same rational
[sic] should be used in determining the
validity of the proposed change.
Additionally, like the reduction of the
exposure period, the reduction of the
handling period from three seconds to
one second could result in more timely
executions of orders on BOX due to the
shorter decision making time for the
EPs. BOX also recognizes that one
second is not long enough to allow
human interaction when an EP receives
a Directed Order. However, all EPs on
BOX operate sufficiently automated
electronic systems so that they can react
and respond to receipt of a Directed
Order in a meaningful way within
fractions of a second and no longer need
the three second period.7
BOX believes that further reducing its
Directed Order handling period from
three seconds to one second will benefit
customer orders submitted by OFPs.
BOX believes it is in all participants’
best interests to minimize the time of
any order processing period. Further,
BOX believes that reducing the Directed
Order handling period to one second
will continue to provide EPs sufficient
time to appropriately respond to receipt
of Directed Orders. As discussed above,
reducing the handling period from three
seconds to one second will result in a
shorter decision making time for the
EPs, which in turn could cause the
Directed Orders to be handled more
quickly. Thus, reducing the handling
period from three seconds to one second
could provide investors and other
market participants with more timely
5 See Securities Exchange Act Release Nos. 59638
(March 27, 2009), 74 FR 15020 (April 2, 2009) (SR–
BX–2009–015) (Order Granting Approval of
Reduction of Certain Order Handling and Exposure
Periods on BOX From Three Seconds to One
Second). See also 68965 (February 21, 2013), 78 FR
13387 (February 27, 2013) (SR–BOX–2013–08)
(Notice of Filing of Proposed Rule Change to
Reduce the Directed Order Exposure Period on BOX
From Three Seconds to One Second).
6 Id.
7 The Exchange spoke with BOX Participants who
unanimously confirmed that their respective
systems can react and respond to receipt of a
Directed Order within fractions of a second.
PO 00000
Frm 00170
Fmt 4703
Sfmt 4703
executions of their orders on BOX. EPs
on BOX are able to respond to orders in
fractions of a second and BOX believes
it is appropriate and beneficial for EPs
to act upon receipt of Directed Orders
within one second rather than three
seconds.
Within 90 days of the proposed rule
change being operative, and at least one
week prior to implementation, BOX will
issue a regulatory circular to inform
BOX Participants of the implementation
date for the reduction of the Directed
Order handling period from three
seconds to one second. BOX has
discussed the implementation of the
change with the relevant Participants
and believes this will give EPs adequate
time to make any necessary system
modifications to coincide with the
implementation date.
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 promote just and equitable principles
of trade, 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. In particular, reducing
the handling period from three seconds
to one second will result in a shorter
decision making time for the EPs, which
in turn could cause the Directed Orders
to be handled more quickly.
Accordingly, the proposed rule change
may provide investors with more
prompt and timely execution of
Directed Orders on BOX. Therefore, the
proposed rule change is consistent with
the requirements above.
The Exchange believes the proposed
rule change is not unfairly
discriminatory because the time period
for acting upon Directed Orders would
be the same for all EPs. As such, the
Exchange believes that a reduction in
the Directed Order handling time on
BOX would not be unfairly
discriminatory and would benefit
investors.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange believes the proposed
change is not unfairly discriminatory
because the handling time for Directed
8 15
9 15
E:\FR\FM\23FEN1.SGM
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
23FEN1
Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices
Orders would be the same for all
Participants. All Participants on BOX
have today, and will continue to have,
an equal opportunity to respond to
Directed Orders exposed on BOX. As
such, the Exchange believes that a
reduction in the Directed Order
handling period on BOX would not be
unfairly discriminatory and would
benefit investors. For these reasons, 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.
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 Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A) of the Act 10 and Rule 19b–
4(f)(6) thereunder.11 Because the
foregoing 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, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 12 and Rule 19b–
4(f)(6) thereunder.13
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.14 If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
change should be approved or
disapproved.15
10 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). 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.
12 15 U.S.C. 78s(b)(3)(A).
13 17 CFR 240.19b–4(f)(6).
14 15 U.S.C. 78s(b)(3)(A).
15 Id.
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11 17
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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–2016–08 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–2016–08. 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–
2016–08 and should be submitted on or
before March 15, 2016.
PO 00000
For the Commission, by the Division
of Trading and Markets, pursuant to
delegated authority.16
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–03662 Filed 2–22–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–77158; File No. SR–FINRA–
2016–008]
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Delay the
Implementation Date of FINRA Rule
2242 (Debt Research Analysts and
Debt Research Reports)
February 17, 2016.
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 February
16, 2016, Financial Industry Regulatory
Authority, Inc. (‘‘FINRA’’) filed with the
Securities and Exchange Commission
(the ‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
substantially prepared by FINRA.
FINRA has designated the proposed rule
change as constituting a ‘‘noncontroversial’’ rule change under
paragraph (f)(6) of Rule 19b–4 under the
Act,3 which renders the proposal
effective upon receipt of this filing by
the Commission. 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
FINRA is proposing to delay
implementation of FINRA Rule 2242
(Debt Research Analysts and Debt
Research Reports) until April 22, 2016.
The proposed rule change would not
make any other changes to FINRA rules.
The text of the proposed rule change
is available on FINRA’s Web site at
https://www.finra.org, at the principal
office of FINRA and at the
Commission’s Public Reference Room.
16 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 17 CFR 240.19b–4(f)(6).
1 15
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Agencies
[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Pages 9063-9065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03662]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-77154 ; File No. SR-BOX-2016-08]
Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Reduce the Order Handling Period for Directed Orders From Three Seconds
to One Second
February 17, 2016.
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 February 5, 2016, 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 reduce the order handling period for
Directed Orders from three seconds to one second. 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.
[[Page 9064]]
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 proposes to amend Rule 8040(d)(4) (Obligations of
Market Makers) of the BOX Trading Rules, and the corresponding IM-8040-
1 to reduce the order handling period for Directed Orders from three
seconds to one second.\3\ Based on trading and order management systems
technology today, a three second period for a Market Maker to determine
how to proceed with a Directed Order on BOX is simply unnecessary and
BOX believes one second to act upon a Directed Order is more
appropriate.
---------------------------------------------------------------------------
\3\ A Directed Order is any Customer Order to buy or sell which
has been directed to a particular Market Maker by an Order Flow
Provider (``OFP''). See BOX Rule 100(a)(19).
---------------------------------------------------------------------------
Currently, upon receipt of a Directed Order, an Executing
Participant (``EP'') has three seconds to either submit the Directed
Order to the Price Improvement Period (``PIP'') \4\ or send the
Directed Order to the BOX Book. If, three seconds after receipt of a
Directed Order, an EP has not taken any action on the Directed Order,
then BOX automatically releases the Directed Order to the BOX Book. The
Exchange proposes to reduce the amount of time that an EP has to act on
a Directed Order to one second.
---------------------------------------------------------------------------
\4\ See BOX Rule 7150.
---------------------------------------------------------------------------
IM-8040-1 currently provides that Market Makers are expected to act
upon Directed Orders as immediately as practicable, which must not
exceed three seconds. The Exchange proposes that this be reduced to one
second.
When approving previous reductions in order handling and exposure
periods on BOX, the Commission concluded that, in the electronic
environment of BOX, ``reducing each of these exposure periods from
three seconds to one second could facilitate the prompt execution of
orders, while continuing to provide market participants with an
opportunity to compete for exposed bids and offers.'' \5\ While BOX
recognizes that exposure and handling periods are different, BOX
believes that reducing the handling period from three seconds to one
second falls under the same rationale that the Commission approved for
the reduction of the exposure period.\6\ Specifically, both situations
involve decision making by a Participant's systems, whether it be to
respond to the exposed order or how to handle a Directed Order.
Therefore, the Exchange believes that the same rational [sic] should be
used in determining the validity of the proposed change. Additionally,
like the reduction of the exposure period, the reduction of the
handling period from three seconds to one second could result in more
timely executions of orders on BOX due to the shorter decision making
time for the EPs. BOX also recognizes that one second is not long
enough to allow human interaction when an EP receives a Directed Order.
However, all EPs on BOX operate sufficiently automated electronic
systems so that they can react and respond to receipt of a Directed
Order in a meaningful way within fractions of a second and no longer
need the three second period.\7\
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release Nos. 59638 (March 27,
2009), 74 FR 15020 (April 2, 2009) (SR-BX-2009-015) (Order Granting
Approval of Reduction of Certain Order Handling and Exposure Periods
on BOX From Three Seconds to One Second). See also 68965 (February
21, 2013), 78 FR 13387 (February 27, 2013) (SR-BOX-2013-08) (Notice
of Filing of Proposed Rule Change to Reduce the Directed Order
Exposure Period on BOX From Three Seconds to One Second).
\6\ Id.
\7\ The Exchange spoke with BOX Participants who unanimously
confirmed that their respective systems can react and respond to
receipt of a Directed Order within fractions of a second.
---------------------------------------------------------------------------
BOX believes that further reducing its Directed Order handling
period from three seconds to one second will benefit customer orders
submitted by OFPs. BOX believes it is in all participants' best
interests to minimize the time of any order processing period. Further,
BOX believes that reducing the Directed Order handling period to one
second will continue to provide EPs sufficient time to appropriately
respond to receipt of Directed Orders. As discussed above, reducing the
handling period from three seconds to one second will result in a
shorter decision making time for the EPs, which in turn could cause the
Directed Orders to be handled more quickly. Thus, reducing the handling
period from three seconds to one second could provide investors and
other market participants with more timely executions of their orders
on BOX. EPs on BOX are able to respond to orders in fractions of a
second and BOX believes it is appropriate and beneficial for EPs to act
upon receipt of Directed Orders within one second rather than three
seconds.
Within 90 days of the proposed rule change being operative, and at
least one week prior to implementation, BOX will issue a regulatory
circular to inform BOX Participants of the implementation date for the
reduction of the Directed Order handling period from three seconds to
one second. BOX has discussed the implementation of the change with the
relevant Participants and believes this will give EPs adequate time to
make any necessary system modifications to coincide with the
implementation date.
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 promote
just and equitable principles of trade, 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. In particular, reducing the
handling period from three seconds to one second will result in a
shorter decision making time for the EPs, which in turn could cause the
Directed Orders to be handled more quickly. Accordingly, the proposed
rule change may provide investors with more prompt and timely execution
of Directed Orders on BOX. Therefore, the proposed rule change is
consistent with the requirements above.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(5).
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The Exchange believes the proposed rule change is not unfairly
discriminatory because the time period for acting upon Directed Orders
would be the same for all EPs. As such, the Exchange believes that a
reduction in the Directed Order handling time on BOX would not be
unfairly discriminatory and would benefit investors.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange believes the proposed change is not unfairly
discriminatory because the handling time for Directed
[[Page 9065]]
Orders would be the same for all Participants. All Participants on BOX
have today, and will continue to have, an equal opportunity to respond
to Directed Orders exposed on BOX. As such, the Exchange believes that
a reduction in the Directed Order handling period on BOX would not be
unfairly discriminatory and would benefit investors. For these reasons,
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.
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 Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
Because the foregoing 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, it has become effective pursuant to
Section 19(b)(3)(A) of the Act \12\ and Rule 19b-4(f)(6)
thereunder.\13\
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\10\ 15 U.S.C. 78s(b)(3)(A).
\11\ 17 CFR 240.19b-4(f)(6). 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.
\12\ 15 U.S.C. 78s(b)(3)(A).
\13\ 17 CFR 240.19b-4(f)(6).
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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.\14\ If the
Commission takes such action, the Commission shall institute
proceedings to determine whether the proposed rule change should be
approved or disapproved.\15\
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\14\ 15 U.S.C. 78s(b)(3)(A).
\15\ Id.
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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-2016-08 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-2016-08. 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-2016-08 and should be
submitted on or before March 15, 2016.
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).
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-03662 Filed 2-22-16; 8:45 am]
BILLING CODE 8011-01-P