Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule To Adopt a Strategy QOO Order Fee Cap, 48302-48304 [2017-22389]
Download as PDF
48302
Federal Register / Vol. 82, No. 199 / Tuesday, October 17, 2017 / Notices
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
sradovich on DSK3GMQ082PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
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 and Rule 19b–
4(f)(6) thereunder.12
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 13 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 14
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 asked
the Commission to waive the 30-day
operative delay so that the Exchange
may immediately extend the ELO
implementation date. The Exchange
stated that it will not be able to
implement ELO by the end of the third
quarter of 2017. According to the
Exchange, it has encountered
unforeseen issues in developing ELO,
and these issues will require additional
thoughtful and methodical development
efforts to ensure that risks are
adequately addressed and the System
will accurately account for the new ELO
priority. The Exchange also stated that
waiving the operative delay will allow
it to implement the proposed
implementation delay and provide
notice to market participants thereof.15
The Commission believes that waiving
the 30-day operative delay is consistent
with the protection of investors and the
public interest. Therefore, the
Commission hereby waives the
12 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.
13 17 CFR 240.19b–4(f)(6).
14 17 CFR 240.19b–4(f)(6)(iii).
15 The Exchange stated that, as it originally
committed to do, it will notify market participants
via an Equity Trader Alert once a specific date for
the initial rollout is determined and will publish
the symbols that are eligible for ELO on its Web
site.
VerDate Sep<11>2014
17:10 Oct 16, 2017
Jkt 244001
operative delay and designates the
proposed rule change operative upon
filing.16
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
change 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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NASDAQ–2017–103 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–2017–103. 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.,
16 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
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–
NASDAQ–2017–103, and should be
submitted on or before November 7,
2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–22392 Filed 10–16–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81852; File No. SR–BOX–
2017–32]
Self-Regulatory Organizations; BOX
Options Exchange LLC; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change To Amend
the Fee Schedule To Adopt a Strategy
QOO Order Fee Cap
October 11, 2017.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on
September 29, 2017, BOX Options
Exchange LLC (the ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the Exchange.
The Exchange filed the proposed rule
change pursuant to Section
19(b)(3)(A)(ii) of the Act,3 and Rule
19b–4(f)(2) thereunder,4 which renders
the proposal effective upon filing with
the Commission. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
17 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b–4(f)(2).
1 15
E:\FR\FM\17OCN1.SGM
17OCN1
Federal Register / Vol. 82, No. 199 / Tuesday, October 17, 2017 / Notices
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange is filing with the
Securities and Exchange Commission
(‘‘Commission’’) a proposed rule change
to amend the Fee Schedule on the BOX
Market LLC (‘‘BOX’’) options facility.
While changes to the fee schedule
pursuant to this proposal will be
effective upon filing, the changes will
become operative on October 2, 2017.
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
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in Sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
sradovich on DSK3GMQ082PROD with NOTICES
1. Purpose
The Exchange proposes to amend the
Fee Schedule for trading on BOX to
establish monthly and daily fee caps for
certain manual transactions fees on the
BOX open-outcry Trading Floor
(‘‘Trading Floor’’). Manual transactions
consist of Qualified Open Outcry
(‘‘QOO’’) Orders.5 A QOO Order must
be entered as a two-sided order, an
initiating side and a contra-side, and the
QOO Order fees, rebates and applicable
fee and rebate caps will apply to both
sides of the order.
Specifically, the Exchange proposes to
add Section II.D ‘‘Strategy QOO Fee
Cap’’ where manual transactions fees
will be capped at $700 for all reversal,
conversion, jelly roll, and box spread
strategies 6 executed on the same trading
5 See
BOX Rule 7600. The QOO Order must be
entered as a two-sided order when it is submitted
to the Exchange for execution through the BOX
Order Gateway (‘‘BOG’’).
6 A ‘‘reversal strategy’’ is established by
combining a short security position with a short put
and a long call position that shares the same strike
and expiration. A ‘‘conversion strategy’’ is
VerDate Sep<11>2014
17:10 Oct 16, 2017
Jkt 244001
day in the same option class. QOO
Order fees in these combined Strategies
will further be capped at $25,000 per
month per Participant. The Exchange
then proposes to specify that executions
subject to the Strategy QOO Order Fee
Cap will not be subject to the Broker
Dealer manual transaction fee cap of
$75,000 per month in Section II.A, and
the QOO Order Rebate outlined in
Section II.C.
2. Statutory Basis
The Exchange believes that the
proposal is consistent with the
requirements of Section 6(b) of the Act,
in general, and Section 6(b)(4) and
6(b)(5) of the Act,7 in particular, in that
it provides for the equitable allocation
of reasonable dues, fees, and other
charges among BOX Participants and
other persons using its facilities and
does not unfairly discriminate between
customers, issuers, brokers or dealers.
The Exchange believes that the
proposed Strategy QOO Order fee cap is
reasonable and appropriate. The
proposed fee cap of $700 per day for
certain strategies executed on the same
trading day in the same option class;
and $25,000 per month per Participant
are the same amount strategy fee caps at
a competing exchanges with an open
outcry trading floor.8 Further, the
Exchange believes that this proposed fee
cap is equitable and not unfairly
discriminatory because it provides
incentives for all Participants to submit
certain strategy orders to the BOX
Trading Floor, which brings increased
liquidity and order flow to the floor for
the benefit of all market participants.
Finally, the Exchange believes it is
reasonable, equitable and not unfairly
discriminatory to exempt all
transactions subject to the Strategy QOO
established by combining a long position in the
underlying security with a long put and a short call
position that shares the same strike and expiration.
A ‘‘jelly roll strategy’’ is created by entering into
two separate positions simultaneously. One
position involves buying a put and selling a call
with the same strike price and expiration. The
second position involves selling a put and buying
a call, with the same strike price, but with a
different expiration from the first position. A ‘‘box
spread strategy’’ is a strategy that synthesizes long
and short stock positions to create a profit.
Specifically, a long call and short put at one strike
is combined with a short call and long put at a
different strike to create synthetic long and
synthetic short stock positions, respectively. These
definitions are identical to the terms defined in the
Chicago Board Options Exchange, Inc. (‘‘CBOE’’)
Fee Schedule; NYSE American Options Fee
Schedule ‘‘(‘‘NYSE’’) and Phlx Pricing Schedule
(‘‘PHLX’’), Strategy Caps on Multiply Listed
Options Fees.
7 15 U.S.C. 78f(b)(4) and (5).
8 See CBOE Fee Schedule Footnote 13; NYSE Fee
Schedule, Limit of Fees on Options Strategy
Executions on page 18; and Phlx Pricing Schedule,
Strategy Caps on Multiply Listed Options Fees.
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
48303
Fee Cap from the Broker Dealer monthly
QOO fee cap and the QOO Order Rebate
as additional incentives for these orders
will no longer be necessary.
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. Further, the
Exchange does not believe that capping
the fees for certain Strategy QOO Orders
will impose an undue burned on intramarket competition because all Floor
Participants are eligible for the fee cap.
Further, the Exchange believes that the
fee cap will promote competition by
allowing the Exchange to remain
competitive with other exchanges with
open outcry trading floors.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Exchange Act 9 and
Rule 19b–4(f)(2) thereunder,10 because
it establishes or changes a due, or fee.
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend the rule change if
it appears to the Commission that the
action is necessary or appropriate in the
public interest, for the protection of
investors, or would otherwise further
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
9 15
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
10 17
E:\FR\FM\17OCN1.SGM
17OCN1
48304
Federal Register / Vol. 82, No. 199 / Tuesday, October 17, 2017 / Notices
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
BOX–2017–32 on the subject line.
SECURITIES AND EXCHANGE
COMMISSION
Paper Comments
[Release No. 34–81850; File No. SR–BOX–
2017–31]
• 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–2017–32. 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–
2017–32, and should be submitted on or
before November 7, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–22389 Filed 10–16–17; 8:45 am]
BILLING CODE 8011–01–P
Self-Regulatory Organizations; BOX
Options Exchange LLC; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change To Amend
the Fee Schedule To Update Certain
Fees Assessed Under Section VI.A
(Connectivity Fees)
October 11, 2017.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on
September 29, 2017, BOX Options
Exchange LLC (the ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the Exchange.
The Exchange filed the proposed rule
change pursuant to Section
19(b)(3)(A)(ii) of the Act,3 and Rule
19b–4(f)(2) thereunder,4 which renders
the proposal effective upon filing with
the Commission. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange is filing with the
Securities and Exchange Commission
(‘‘Commission’’) a proposed rule change
to amend the Fee Schedule [sic] to
amend the Fee Schedule to update
certain fees assessed under Section VI.A
(Connectivity Fees). While changes to
the fee schedule pursuant to this
proposal will be effective upon filing,
the changes will become operative on
October 2, 2017. 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
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in Sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend the
Fee Schedule for trading on BOX to
update the connectivity fees that are
assessed on market participants.
Section VI.A. of the BOX Fee
Schedule ‘‘Connectivity Fees’’, was
created to detail the fees applicable to
market participants who connect to the
BOX market network at Point of
Presence (‘‘PoP’’) sites. These sites are
owned and operated by third-party
external vendors, and the fees listed in
this section are meant to encompass the
fees that could be charged based on each
market participant’s particular
configuration. BOX does not assess
Connectivity Fees; these fees are
assessed by the datacenters and are
billed directly to the market participant.
Connectivity fees can include one-time
set-up fees and monthly fees charged by
the third-party vendor in exchange for
the services provided to the market
participant.
The Exchange proposes to update the
fees applicable for the datacenters
where market participants may connect
to the BOX network: NY4, owned and
operated by Equinix; and 65 Broadway,
owned and operated by 365 Main; and
the connectivity fees applicable,
depending upon connection type.
Market participants are currently
assessed the following fees when
connecting to the BOX network:
sradovich on DSK3GMQ082PROD with NOTICES
NY4
Connection Type
One-time
set-up
POTS ...............................................................................................................
Ethernet ...........................................................................................................
11 17
2 17
1 15
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
3 15
VerDate Sep<11>2014
17:10 Oct 16, 2017
Jkt 244001
PO 00000
CFR 240.19b–4.
U.S.C. 78s(b)(3)(A)(ii).
Frm 00093
Fmt 4703
Sfmt 4703
65 Broadway
Monthly
$100
N/A
One-time
set-up
$25
N/A
4 17
E:\FR\FM\17OCN1.SGM
CFR 240.19b–4(f)(2).
17OCN1
$50
250
Monthly
$25
175
Agencies
[Federal Register Volume 82, Number 199 (Tuesday, October 17, 2017)]
[Notices]
[Pages 48302-48304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22389]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-81852; File No. SR-BOX-2017-32]
Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend the Fee Schedule To Adopt a Strategy QOO Order Fee Cap
October 11, 2017.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 29, 2017, BOX Options Exchange LLC (the ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Exchange filed the
proposed rule change pursuant to Section 19(b)(3)(A)(ii) of the Act,\3\
and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(ii).
\4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
[[Page 48303]]
I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change
The Exchange is filing with the Securities and Exchange Commission
(``Commission'') a proposed rule change to amend the Fee Schedule on
the BOX Market LLC (``BOX'') options facility. While changes to the fee
schedule pursuant to this proposal will be effective upon filing, the
changes will become operative on October 2, 2017. 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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend the Fee Schedule for trading on BOX
to establish monthly and daily fee caps for certain manual transactions
fees on the BOX open-outcry Trading Floor (``Trading Floor''). Manual
transactions consist of Qualified Open Outcry (``QOO'') Orders.\5\ A
QOO Order must be entered as a two-sided order, an initiating side and
a contra-side, and the QOO Order fees, rebates and applicable fee and
rebate caps will apply to both sides of the order.
---------------------------------------------------------------------------
\5\ See BOX Rule 7600. The QOO Order must be entered as a two-
sided order when it is submitted to the Exchange for execution
through the BOX Order Gateway (``BOG'').
---------------------------------------------------------------------------
Specifically, the Exchange proposes to add Section II.D ``Strategy
QOO Fee Cap'' where manual transactions fees will be capped at $700 for
all reversal, conversion, jelly roll, and box spread strategies \6\
executed on the same trading day in the same option class. QOO Order
fees in these combined Strategies will further be capped at $25,000 per
month per Participant. The Exchange then proposes to specify that
executions subject to the Strategy QOO Order Fee Cap will not be
subject to the Broker Dealer manual transaction fee cap of $75,000 per
month in Section II.A, and the QOO Order Rebate outlined in Section
II.C.
---------------------------------------------------------------------------
\6\ A ``reversal strategy'' is established by combining a short
security position with a short put and a long call position that
shares the same strike and expiration. A ``conversion strategy'' is
established by combining a long position in the underlying security
with a long put and a short call position that shares the same
strike and expiration. A ``jelly roll strategy'' is created by
entering into two separate positions simultaneously. One position
involves buying a put and selling a call with the same strike price
and expiration. The second position involves selling a put and
buying a call, with the same strike price, but with a different
expiration from the first position. A ``box spread strategy'' is a
strategy that synthesizes long and short stock positions to create a
profit. Specifically, a long call and short put at one strike is
combined with a short call and long put at a different strike to
create synthetic long and synthetic short stock positions,
respectively. These definitions are identical to the terms defined
in the Chicago Board Options Exchange, Inc. (``CBOE'') Fee Schedule;
NYSE American Options Fee Schedule ``(``NYSE'') and Phlx Pricing
Schedule (``PHLX''), Strategy Caps on Multiply Listed Options Fees.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act, in general, and Section
6(b)(4) and 6(b)(5) of the Act,\7\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees, and other
charges among BOX Participants and other persons using its facilities
and does not unfairly discriminate between customers, issuers, brokers
or dealers.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------
The Exchange believes that the proposed Strategy QOO Order fee cap
is reasonable and appropriate. The proposed fee cap of $700 per day for
certain strategies executed on the same trading day in the same option
class; and $25,000 per month per Participant are the same amount
strategy fee caps at a competing exchanges with an open outcry trading
floor.\8\ Further, the Exchange believes that this proposed fee cap is
equitable and not unfairly discriminatory because it provides
incentives for all Participants to submit certain strategy orders to
the BOX Trading Floor, which brings increased liquidity and order flow
to the floor for the benefit of all market participants. Finally, the
Exchange believes it is reasonable, equitable and not unfairly
discriminatory to exempt all transactions subject to the Strategy QOO
Fee Cap from the Broker Dealer monthly QOO fee cap and the QOO Order
Rebate as additional incentives for these orders will no longer be
necessary.
---------------------------------------------------------------------------
\8\ See CBOE Fee Schedule Footnote 13; NYSE Fee Schedule, Limit
of Fees on Options Strategy Executions on page 18; and Phlx Pricing
Schedule, Strategy Caps on Multiply Listed Options Fees.
---------------------------------------------------------------------------
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. Further, the Exchange does not
believe that capping the fees for certain Strategy QOO Orders will
impose an undue burned on intra-market competition because all Floor
Participants are eligible for the fee cap. Further, the Exchange
believes that the fee cap will promote competition by allowing the
Exchange to remain competitive with other exchanges with open outcry
trading floors.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Exchange Act \9\ and Rule 19b-4(f)(2)
thereunder,\10\ because it establishes or changes a due, or fee.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(3)(A)(ii).
\10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend the rule
change if it appears to the Commission that the action is necessary or
appropriate in the public interest, for the protection of investors, or
would otherwise further the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. 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
[[Page 48304]]
Send an email to rule-comments@sec.gov. Please include
File Number SR-BOX-2017-32 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-2017-32. 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-2017-32, and should be
submitted on or before November 7, 2017.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------
\11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-22389 Filed 10-16-17; 8:45 am]
BILLING CODE 8011-01-P