Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend BOX Rule 7600(a)(4) (Qualified Open Outcry Orders-Floor Crossing), 50718-50720 [2018-21783]
Download as PDF
50718
Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices
amozie on DSK3GDR082PROD with NOTICES1
19(b)(3)(A)(ii) of the Act.17 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: (i)
Necessary or appropriate in the public
interest; (ii) for the protection of
investors; or (iii) 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.
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–ISE–
2018–81 and should be submitted on or
before October 30, 2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
Eduardo A. Aleman,
Assistant Secretary.
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:
[FR Doc. 2018–21786 Filed 10–5–18; 8:45 am]
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–
ISE–2018–81 on the subject line.
Self-Regulatory Organizations; BOX
Exchange LLC; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Amend BOX Rule
7600(a)(4) (Qualified Open Outcry
Orders—Floor Crossing)
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–ISE–2018–81. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (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 the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
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
September 20, 2018, BOX 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
change from interested persons.
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–84340; File No. SR–BOX–
2018–30]
October 2, 2018.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes to amend
BOX Rule 7600(a)(4) (Qualified Open
Outcry Orders—Floor Crossing). The
text of the proposed rule change is
available from the principal office of the
Exchange, at the Commission’s Public
Reference Room and also on the
Exchange’s internet website at https://
boxoptions.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
18 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
17 15
U.S.C. 78s(b)(3)(A)(ii).
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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 7600(a)(4) to provide the ability for
the Exchange to determine the
applicable number of legs for a Complex
Qualified Open Outcry Orders
(‘‘Complex QOO Order’’).3 Currently,
Complex QOO Orders are limited to a
maximum of four (4) legs on the BOX
Trading Floor. The Exchange proposes
to have the applicable number of legs
now be determined by the Exchange.4
The Exchange notes that only orders
that meet the definition of a Complex
Order 5 are allowed to trade on the BOX
Trading Floor.6 Any orders that are
entered into the system as a Complex
Order on the BOX Trading Floor that do
not meet the definition of a Complex
Order will be rejected.
The Exchange will inform
Participants in advance of any change to
the number of legs via Informational
Circular. The Exchange notes that
another exchange in the industry has
similar rules in place which provide
flexibility in determining the maximum
number of legs for complex orders at
their respective exchange.7
3 A QOO Order is a two-sided order that is used
by Floor Brokers to execute transactions from the
Trading Floor. See Rule 7600.
4 The Exchange notes that the number of legs
determined by the Exchange will apply to all
classes. The Exchange also notes that the proposal
discussed herein is not making any changes to the
priority rules for Complex Orders.
5 The term ‘‘Complex Order’’ means any order
involving the simultaneous purchase and/or sale of
two or more different options series in the same
underlying security, for the same account, in a ratio
that is equal to or greater than one-to-three (.333)
and less than or equal to three-to-one (3.00) and for
the purpose of executing a particular investment
strategy. See BOX Rule 7240(a)(7).
6 On the Trading Floor, a Floor Broker or such
Floor Broker’s employee shall, contemporaneously
upon receipt of an order, and prior to
announcement of such an order in the trading
crowd, record all options orders represented by
such Floor Broker onto the Floor Broker’s order
entry mechanism. See Rule 7580(e)(1).
7 See Cboe Exchange Inc. (‘‘Cboe’’) Rule 6.53.02.
Cboe’s rule states that ‘‘[c]omplex orders of twelve
(12) or less must be entered on a single order ticket
at time of systemization. If permitted by the
Exchange (which the Exchange will announce by
E:\FR\FM\09OCN1.SGM
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Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices
The Exchange also proposes to correct
the location of a misplaced comma in
Rule 7600(a)(4). Rule 7600(a)(4), as
amended, will make clear that the cross
reference to Rule 7240(a)(5) applies to
Complex QOO Orders and not multi-leg
orders. The Exchange believes that this
correction will add clarity with regard
to Complex QOO Orders traded on the
BOX Trading Floor.
2. Statutory Basis
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The Exchange believes that the
proposal is consistent with the
requirements of Section 6(b) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),8 in general, and Section 6(b)(5)
of the Act,9 in particular, in that it is
designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
facilitating transactions in securities, to
remove impediments to and perfect the
mechanism of a free and open market
and a national market system, and, in
general to protect investors and the
public interest.
In particular, the Exchange believes
the proposed rule change, which
provides the Exchange with greater
flexibility in determining the maximum
number of legs for Complex QOO
Orders, will benefit Floor Brokers and
their customers by providing the
potential for increased opportunities for
executions on the BOX Trading Floor.
Further, the Exchange believes that the
proposed change will provide the
potential for greater liquidity which
should, in turn, benefit and protect
investors and the public interest
through the potential for greater volume
of orders and executions on the BOX
Trading Floor. As discussed above, the
Exchange notes that another exchange
has a similar rule which allows for the
maximum number of legs for complex
Regulatory Circular), complex orders of more than
twelve (12) legs may be split across multiple order
tickets . . .’’ BOX believes that this is similar to the
proposal discussed herein. BOX’s reading of Cboe’s
rule suggests that Cboe may determine the
applicable number of legs for complex orders on
their respective trading floor. As such, the Exchange
believes that the proposed change is similar to the
Cboe rule cited above. BOX does note, however,
that [sic] is not proposing a twelve leg maximum
but rather that the Exchange be responsible for
determining the applicable number of legs for
Complex Orders on the BOX Trading Floor. Further,
the Exchange will communicate to Participants in
advance of any change to the applicable number of
legs via Informational Circular. See also EDGX
Exchange, Inc (‘‘EDGX’’) Rule 21.20(a)(5). The
Exchange notes that EDGX is an electronic
exchange and as such, its rules apply to electronic
trading only.
8 15 U.S.C. 78f(b).
9 15 U.S.C. 78f(b)(5).
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19:13 Oct 05, 2018
Jkt 247001
orders to be determined by the
exchange.10
Lastly, the Exchange believes that the
proposed change to correct the
inadvertent error in Rule 7600(a)(4) is
reasonable as it will provide clarity with
respect to QOO Orders on the Exchange.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act. In this regard
and as indicated above, the Exchange
notes that the proposed rule change is
similar to the rules of another
exchange.11 The Exchange does not
believe the proposal will impose any
burden on intermarket competition, as
the proposed rule will allow BOX to
compete with other options exchanges
in the industry. The Exchange notes that
it operates in a highly competitive
market in which market participants can
readily direct order flow to competing
venues who offer similar functionality.
Lastly, the Exchange believes that the
proposed change will not impose a
burden on intramarket competition as
the proposal will apply to all
Participants that wish to submit
Complex Orders on the BOX Trading
Floor.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has neither solicited
nor received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the proposed rule change
does not (i) significantly affect the
protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 12 and Rule 19b–
4(f)(6) thereunder.13
10 See
supra, note 7.
11 Id.
12 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). As required under Rule
19b–4(f)(6)(iii), the Exchange provided the
Commission with written notice of its intent to file
the proposed rule change, along with a brief
description and the text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission.
13 17
PO 00000
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Fmt 4703
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50719
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
BOX–2018–30 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–BOX–2018–30. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (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
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
E:\FR\FM\09OCN1.SGM
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50720
Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–BOX–2018–30, and should
be submitted on or before October 30,
2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–21783 Filed 10–5–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Securities Exchange Act of 1934; Release
No. 34–84337/October 2, 2018]
In the Matter of Chicago Stock
Exchange, Inc., 440 South LaSalle
Street, Suite 800, Chicago, IL 60605;
File No. SR–CHX–2017–04; Order
Setting Aside the Order by Delegated
Authority Approving SR–CHX–2017–04
On February 10, 2017, the Chicago
Stock Exchange, Inc. (‘‘Exchange’’ or
‘‘CHX’’) filed with the Securities and
Exchange Commission (‘‘Commission’’),
pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Exchange Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to
adopt the CHX Liquidity Enhancing
Access Delay on a pilot basis. The
proposed rule change was published for
comment in the Federal Register on
February 21, 2017.3 On April 3, 2017,
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 the
proposed rule change should be
disapproved.4 On May 22, 2017, the
Commission instituted proceedings
under Section 19(b)(2)(B) of the
Exchange Act 5 to determine whether to
approve or disapprove the proposed
rule change.6 On August 17, 2017,
pursuant to Section 19(b)(2) of the
Exchange Act,7 the Commission
designated a longer period for
Commission action on proceedings to
14 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 80041
(February 14, 2017), 82 FR 11252.
4 See Securities Exchange Act Release No. 80364,
82 FR 17065 (April 7, 2017).
5 15 U.S.C. 78s(b)(2)(B).
6 See Securities Exchange Act Release No. 80740,
82 FR 24412 (May 26, 2017).
7 15 U.S.C. 78s(b)(2).
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1 15
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determine whether to approve or
disapprove the proposed rule change.8
On September 19, 2017, the Exchange
filed Amendment No. 1 to the proposed
rule change.9 On October 18, 2017, the
Exchange filed Amendment No. 2 to the
proposed rule change.10 On October 19,
2017, the Division of Trading and
Markets, for the Commission pursuant
to delegated authority,11 approved the
proposed rule change, as modified by
Amendments No. 1 and No. 2.12
On October 24, 2017, the Secretary of
the Commission notified the Exchange
that pursuant to Rule 431 of the
Commission’s Rules of Practice,13 the
Commission would review the
Delegated Order and that the Delegated
Order was stayed until the Commission
ordered otherwise.14 On November 8,
2017, the Commission issued a
scheduling order allowing the filing of
additional statements.15
On July 25, 2018, CHX withdrew the
proposed rule change (SR–CHX–2017–
04).16
Under Commission Rule of Practice
431(a), the Commission may ‘‘affirm,
reverse, modify, set aside or remand for
further proceedings, in whole or in part,
any action made pursuant to’’ delegated
authority.17 We find that, in light of the
CHX’s withdrawal of the proposed rule
change, it is appropriate to set aside the
Delegated Order.
Accordingly, it is ordered that the
October 19, 2017 order approving by
delegated authority CHX’s proposed
rule change number SR–CHX–2017–04,
be, and it hereby is, set aside.
By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–21761 Filed 10–5–18; 8:45 am]
BILLING CODE 8011–01–P
8 See Securities Exchange Act Release No. 81415,
82 FR 40051 (August 23, 2017).
9 The amendments to the proposed rule change
are available at: https://www.sec.gov/comments/srchx-2017-04/chx201704.htm.
10 See supra note 9.
11 17 CFR 200.30–3(a)(12).
12 See Exchange Act Release No. 81913, 82 FR
49433 (October 25, 2017) (‘‘Delegated Order’’).
13 17 CFR 201.431.
14 See Letter from Secretary of the Commission to
Albert (A.J.) Kim, VP and Associate General
Counsel, Chicago Stock Exchange, Inc., dated
October 24, 2017, available at https://www.sec.gov/
rules/sro/chx/2017/34-81913-letter-fromsecretary.pdf.
15 See Exchange Act Release No. 80234, 82 FR
52762 (November 14, 2017).
16 See letter from Albert J. Kim, Vice President
and Associate General Counsel, CHX, to Eduardo A.
Aleman, Assistant Secretary, Commission, dated
July 25, 2018.
17 17 CFR 201.431(a).
PO 00000
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SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
Extension:
Rule 10f–3; SEC File No. 270–237, OMB
Control No. 3235–0226
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520), the Securities
and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget a
request for extension and approval of
the collections of information discussed
below.
Section 10(f) of the Investment
Company Act of 1940 (15 U.S.C. 80a)
(the ‘‘Act’’) prohibits a registered
investment company (‘‘fund’’) from
purchasing any security during an
underwriting or selling syndicate if the
fund has certain relationships with a
principal underwriter for the security.
Congress enacted this provision in 1940
to protect funds and their shareholders
by preventing underwriters from
‘‘dumping’’ unmarketable securities on
affiliated funds.
Rule 10f–3 (17 CFR 270.10f–3)
permits a fund to engage in a securities
transaction that otherwise would violate
section 10(f) if, among other things: (i)
The fund’s directors have approved
procedures for purchases made in
reliance on the rule, regularly review
fund purchases to determine whether
they comply with these procedures, and
approve necessary changes to the
procedures; and (ii) a written record of
each transaction effected under the rule
is maintained for six years, the first two
of which in an easily accessible place.
The written record must state: (i) From
whom the securities were acquired; (ii)
the identity of the underwriting
syndicate’s members; (iii) the terms of
the transactions; and (iv) the
information or materials on which the
fund’s board of directors has determined
that the purchases were made in
compliance with procedures established
by the board.
The rule also conditionally allows
managed portions of fund portfolios to
purchase securities offered in otherwise
off-limits primary offerings. To qualify
for this exemption, rule 10f–3 requires
that the subadviser that is advising the
purchaser be contractually prohibited
from providing investment advice to
any other portion of the fund’s portfolio
E:\FR\FM\09OCN1.SGM
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Agencies
[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Notices]
[Pages 50718-50720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21783]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-84340; File No. SR-BOX-2018-30]
Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend BOX Rule
7600(a)(4) (Qualified Open Outcry Orders--Floor Crossing)
October 2, 2018.
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 September 20, 2018, BOX 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 change
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 the
Substance of the Proposed Rule Change
The Exchange proposes to amend BOX Rule 7600(a)(4) (Qualified Open
Outcry Orders--Floor Crossing). The text of the proposed rule change is
available from the principal office of the Exchange, at the
Commission's Public Reference Room and also on the Exchange's internet
website at https://boxoptions.com.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in Sections A, B, and C below, of the
most significant aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend Rule 7600(a)(4) to provide the
ability for the Exchange to determine the applicable number of legs for
a Complex Qualified Open Outcry Orders (``Complex QOO Order'').\3\
Currently, Complex QOO Orders are limited to a maximum of four (4) legs
on the BOX Trading Floor. The Exchange proposes to have the applicable
number of legs now be determined by the Exchange.\4\ The Exchange notes
that only orders that meet the definition of a Complex Order \5\ are
allowed to trade on the BOX Trading Floor.\6\ Any orders that are
entered into the system as a Complex Order on the BOX Trading Floor
that do not meet the definition of a Complex Order will be rejected.
---------------------------------------------------------------------------
\3\ A QOO Order is a two-sided order that is used by Floor
Brokers to execute transactions from the Trading Floor. See Rule
7600.
\4\ The Exchange notes that the number of legs determined by the
Exchange will apply to all classes. The Exchange also notes that the
proposal discussed herein is not making any changes to the priority
rules for Complex Orders.
\5\ The term ``Complex Order'' means any order involving the
simultaneous purchase and/or sale of two or more different options
series in the same underlying security, for the same account, in a
ratio that is equal to or greater than one-to-three (.333) and less
than or equal to three-to-one (3.00) and for the purpose of
executing a particular investment strategy. See BOX Rule 7240(a)(7).
\6\ On the Trading Floor, a Floor Broker or such Floor Broker's
employee shall, contemporaneously upon receipt of an order, and
prior to announcement of such an order in the trading crowd, record
all options orders represented by such Floor Broker onto the Floor
Broker's order entry mechanism. See Rule 7580(e)(1).
---------------------------------------------------------------------------
The Exchange will inform Participants in advance of any change to
the number of legs via Informational Circular. The Exchange notes that
another exchange in the industry has similar rules in place which
provide flexibility in determining the maximum number of legs for
complex orders at their respective exchange.\7\
---------------------------------------------------------------------------
\7\ See Cboe Exchange Inc. (``Cboe'') Rule 6.53.02. Cboe's rule
states that ``[c]omplex orders of twelve (12) or less must be
entered on a single order ticket at time of systemization. If
permitted by the Exchange (which the Exchange will announce by
Regulatory Circular), complex orders of more than twelve (12) legs
may be split across multiple order tickets . . .'' BOX believes that
this is similar to the proposal discussed herein. BOX's reading of
Cboe's rule suggests that Cboe may determine the applicable number
of legs for complex orders on their respective trading floor. As
such, the Exchange believes that the proposed change is similar to
the Cboe rule cited above. BOX does note, however, that [sic] is not
proposing a twelve leg maximum but rather that the Exchange be
responsible for determining the applicable number of legs for
Complex Orders on the BOX Trading Floor. Further, the Exchange will
communicate to Participants in advance of any change to the
applicable number of legs via Informational Circular. See also EDGX
Exchange, Inc (``EDGX'') Rule 21.20(a)(5). The Exchange notes that
EDGX is an electronic exchange and as such, its rules apply to
electronic trading only.
---------------------------------------------------------------------------
[[Page 50719]]
The Exchange also proposes to correct the location of a misplaced
comma in Rule 7600(a)(4). Rule 7600(a)(4), as amended, will make clear
that the cross reference to Rule 7240(a)(5) applies to Complex QOO
Orders and not multi-leg orders. The Exchange believes that this
correction will add clarity with regard to Complex QOO Orders traded on
the BOX Trading Floor.
2. Statutory Basis
The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Securities Exchange Act of 1934
(the ``Act''),\8\ in general, and Section 6(b)(5) of the Act,\9\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general to protect investors and the
public interest.
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\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(5).
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In particular, the Exchange believes the proposed rule change,
which provides the Exchange with greater flexibility in determining the
maximum number of legs for Complex QOO Orders, will benefit Floor
Brokers and their customers by providing the potential for increased
opportunities for executions on the BOX Trading Floor. Further, the
Exchange believes that the proposed change will provide the potential
for greater liquidity which should, in turn, benefit and protect
investors and the public interest through the potential for greater
volume of orders and executions on the BOX Trading Floor. As discussed
above, the Exchange notes that another exchange has a similar rule
which allows for the maximum number of legs for complex orders to be
determined by the exchange.\10\
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\10\ See supra, note 7.
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Lastly, the Exchange believes that the proposed change to correct
the inadvertent error in Rule 7600(a)(4) is reasonable as it will
provide clarity with respect to QOO Orders on the Exchange.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. In this regard and as indicated
above, the Exchange notes that the proposed rule change is similar to
the rules of another exchange.\11\ The Exchange does not believe the
proposal will impose any burden on intermarket competition, as the
proposed rule will allow BOX to compete with other options exchanges in
the industry. The Exchange notes that it operates in a highly
competitive market in which market participants can readily direct
order flow to competing venues who offer similar functionality. Lastly,
the Exchange believes that the proposed change will not impose a burden
on intramarket competition as the proposal will apply to all
Participants that wish to submit Complex Orders on the BOX Trading
Floor.
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\11\ Id.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange has neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, 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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\12\ 15 U.S.C. 78s(b)(3)(A).
\13\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-BOX-2018-30 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to File Number SR-BOX-2018-30. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit
[[Page 50720]]
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BOX-2018-30, and should be
submitted on or before October 30, 2018.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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\14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-21783 Filed 10-5-18; 8:45 am]
BILLING CODE 8011-01-P