Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Pilot to the Close of Business on October 18, 2019, for Exchange Rule IM-7170-1, That Is Linked to the Equity Market Plan To Address Extraordinary Market Volatility (the “Limit Up-Limit Down Plan” or the “Plan”), 16094-16096 [2019-07704]
Download as PDF
16094
Federal Register / Vol. 84, No. 74 / Wednesday, April 17, 2019 / Notices
fair and orderly markets, the protection
of investors and the public interest.
Based on the foregoing, the Exchange
believes the Options Pilots should
continue to be in effect on a pilot basis
while the Exchange and the other
national securities exchanges consider
and develop a permanent proposal for
such rules.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change would impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The proposal
would ensure the continued,
uninterrupted operation of the Options
Pilots while the Exchange and other
national securities exchanges consider
further amendments to these rules in
light of proposed Amendment 18. The
Exchange understands that the other
national securities exchanges will also
file similar proposals to extend their
respective pilot programs. Thus, the
proposed rule change will help to
ensure consistency across market
centers without implicating any
competitive issues.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No comments were solicited or
received on the proposed rule change.
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)(iii) of the Act 9 and
subparagraph (f)(6) of Rule 19b–4
thereunder.10
A proposed rule change filed under
Rule 19b–4(f)(6) 11 normally does not
become operative prior to 30 days after
the date of the filing. However, Rule
9 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
give the Commission written notice of its intent to
file the proposed rule change, along with a brief
description and text of the proposed rule change,
at least five business days prior to the date of filing
of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange
has satisfied this requirement.
11 17 CFR 240.19b–4(f)(6).
amozie on DSK9F9SC42PROD with NOTICES
10 17
VerDate Sep<11>2014
18:23 Apr 16, 2019
Jkt 247001
19b–4(f)(6)(iii) 12 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 proposed
rule change may become effective and
operative immediately upon filing. The
Commission believes that waiving the
30-day operative delay is consistent
with the protection of investors and the
public interest, as it will allow the
current Options Pilots to continue
uninterrupted, without any changes,
while the Exchange and the other
national securities exchanges consider
and develop a permanent proposal for
Options Pilots. For this reason, the
Commission hereby waives the 30-day
operative delay and designates the
proposed rule change as operative upon
filing.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: (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.
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–
CBOE–2019–020 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–CBOE–2019–020. This file
number should be included on the
subject line if email is used. To help the
12 17
CFR 240.19b–4(f)(6)(iii).
purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
13 For
PO 00000
Frm 00101
Fmt 4703
Sfmt 4703
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
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
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–CBOE–2019–020 and
should be submitted on or before May
8, 2019.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019–07622 Filed 4–16–19; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–85635; File No. SR–BOX–
2019–13]
Self-Regulatory Organizations; BOX
Exchange LLC; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Extend the Pilot to the
Close of Business on October 18,
2019, for Exchange Rule IM–7170–1,
That Is Linked to the Equity Market
Plan To Address Extraordinary Market
Volatility (the ‘‘Limit Up-Limit Down
Plan’’ or the ‘‘Plan’’)
April 12, 2019.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
14 17
E:\FR\FM\17APN1.SGM
CFR 200.30–3(a)(12).
17APN1
Federal Register / Vol. 84, No. 74 / Wednesday, April 17, 2019 / Notices
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on April 11,
2019, 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to extend the
pilot to the close of business on October
18, 2019, for Exchange Rule IM–7170–
1, that is linked to the equity market
Plan to Address Extraordinary Market
Volatility (the ‘‘Limit Up-Limit Down
Plan’’ or the ‘‘Plan’’). 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.
amozie on DSK9F9SC42PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed rule
change is to amend Rule IM–7170–1 to
extend the pilot to the close of business
on October 18, 2019. This change is
being proposed in connection with a
proposed amendment to the Limit UpLimit Down Plan that would allow the
Plan to continue to operate on a
permanent basis (‘‘Amendment 18’’).
In an attempt to address extraordinary
market volatility in NMS Stock, and, in
particular, events like the severe
volatility on May 6, 2010, U.S. national
securities exchanges and the Financial
1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
VerDate Sep<11>2014
18:23 Apr 16, 2019
Jkt 247001
Industry Regulatory Authority, Inc.
(collectively, ‘‘Participants’’) drafted the
Plan pursuant to Rule 608 of Regulation
NMS and under the Act.3 On May 31,
2012, the Commission approved the
Plan, as amended, on a one-year pilot
basis.4 Though the Plan was primarily
designed for equity markets, the
Exchange believed it would, indirectly,
potentially impact the options markets
as well. Thus, the Exchange has
previously adopted and amended Rule
IM–7170–1 to ensure the option markets
were not harmed as a result of the Plan’s
implementation and has implemented
the rule on a pilot basis that has
coincided with the pilot period for the
Plan.5 Rule IM–7170–1 was adopted to
assist the Exchange in managing effects
stemming from the implementation of
the Plan.
The Commission recently published
an Amendment 18, which would allow
the Plan to operate on a permanent,
rather than pilot basis.6 In connection
with this change, the Exchange proposes
to amend the Options Pilots to expire at
the close of business on October 18,
2019—i.e., six months after the
expiration of the current pilot period for
the Plan. Specifically, the Exchange
proposes to amend Exchange Rule IM–
7170–1 to untie the Options Pilot’s
effectiveness from that of the Plan and
to extend the Options Pilot’s
effectiveness to the close of business on
October 18, 2019. The Exchange
understands that the other national
securities exchanges will also file
similar proposals to extend their
respective pilot programs, the substance
of which are identical to the proposal.
The Exchange does not propose any
additional changes to Exchange Rule
IM–7170–1. The Exchange believes the
benefits to market participants from the
Options Pilots should continue on a
limited six month pilot basis after
Commission approves the Plan to
operate on a permanent basis. Assuming
the Plan is approved by the Commission
to operate on a permanent, rather than
pilot basis, the Exchange intends to
assess whether additional changes
should also be made to the Options
Pilots. Extending the Options Pilots for
an additional six months should
3 See Securities Exchange Act Release No. 64547
(May 25, 2011), 76 FR 31647 (June 1, 2011)(File No.
4–631).
4 See Securities and Exchange Act Release No.
67091 (May 31, 2012) 77 FR 33498 (June 6, 2012).
5 See Securities Exchange Act Release Nos. 34–
76233 (October 22, 2015), 80 FR 66087 (October 28,
2015) (SR–BOX–2015–34) (proposing to extend
pilot program to coincide with the pilot period for
the Plan).
6 See Securities Exchange Act Release Nos. 84843
(December 18, 2018), 83 FR 66464 (December 26,
2018) (Amendment No. 18 Proposing Release).
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
16095
provide the Exchange and other national
securities exchanges additional time to
consider further amendments to their
rules in light of proposed Amendment
18.
2. Statutory Basis
The Exchange believes that the
proposal is consistent with the
requirements of Section 6(b) of the Act,7
in general, and Section 6(b)(5) of the
Act,8 in particular, in that it is designed
to remove impediments to and perfect
the mechanism of a free and open
market and a national market system, to
promote just and equitable principles of
trade, and, in general, to protect
investors and the public interest and not
to permit unfair discrimination between
customers, issuers, brokers, or dealers.
The Exchange believes that the
proposed rule change promotes just and
equitable principles of trade in that it
promotes transparency and uniformity
across markets concerning rules for
options markets adopted to coincide
with the Plan. The Exchange believes
that extending the Options Pilots for an
additional six months would help
assure that the rules subject to such
Pilots are either similarly made
permanent, amended or removed,
following additional discussion and
analysis by the Exchange and other
national securities exchanges. The
proposed rule change would also help
assure that such rules are not
immediately eliminated, thus furthering
fair and orderly markets, the protection
of investors and the public interest.
Based on the foregoing, the Exchange
believes the Options Pilots should
continue to be in effect on a pilot basis
while the Exchange and the other
national securities exchanges consider
and develop a permanent proposal for
such rules.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change would impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The proposal
would ensure the continued,
uninterrupted operation of the Options
Pilots while the Exchange and other
national securities exchanges consider
further amendments to these rules in
light of proposed Amendment 18. The
Exchange understands that the other
national securities exchanges will also
file similar proposals to extend their
respective pilot programs, the substance
of which are identical to this proposal.
7 15
8 15
E:\FR\FM\17APN1.SGM
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
17APN1
16096
Federal Register / Vol. 84, No. 74 / Wednesday, April 17, 2019 / Notices
Thus, the proposed rule change will
help to ensure consistency across
market centers without implicating any
competitive issues. As such, 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
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 9 and Rule 19b–
4(f)(6) thereunder.10
A proposed rule change filed under
Rule 19b–4(f)(6) 11 normally does not
become operative prior to 30 days after
the date of the filing. However, Rule
19b–4(f)(6)(iii) 12 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 proposed
rule change may become effective and
operative immediately upon filing. The
Commission believes that waiving the
30-day operative delay is consistent
with the protection of investors and the
public interest, as it will allow the
current Options Pilots to continue
uninterrupted, without any changes,
while the Exchange and the other
national securities exchanges consider
and develop a permanent proposal for
Options Pilots. For this reason, the
Commission hereby waives the 30-day
operative delay requirement and
9 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.
11 17 CFR 240.19b–4(f)(6).
12 17 CFR 240.19b–4(f)(6)(iii).
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10 17
VerDate Sep<11>2014
18:23 Apr 16, 2019
Jkt 247001
designates the proposed rule change as
operative upon filing.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. 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–
BOX–2019–13 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–2019–13. 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
13 For purposes only of waiving the 30-day
operative delay, the Commission also has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
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–2019–13 and should
be submitted on or before May 8, 2019.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019–07704 Filed 4–16–19; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–85634; File No. SR–
CboeEDGX–2019–022]
Self-Regulatory Organizations; Cboe
EDGX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Extend the
Pilot for Certain Options Market Rules
That Are Linked to the Equity Market
Plan To Address Extraordinary Market
Volatility
April 12, 2019.
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 April 9,
2019, Cboe EDGX Exchange, Inc.
(‘‘Exchange’’ or ‘‘‘‘EDGX’’’’) 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 Exchange. 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
Cboe EDGX Exchange, Inc. (‘‘EDGX’’
or the ‘‘Exchange’’) is filing with the
Securities and Exchange Commission
(the ‘‘Commission’’) a proposed rule
change to extend the pilot to the close
of business on October 18, 2019, for
certain options market rules that are
linked to the equity market Plan to
14 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\17APN1.SGM
17APN1
Agencies
[Federal Register Volume 84, Number 74 (Wednesday, April 17, 2019)]
[Notices]
[Pages 16094-16096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07704]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-85635; File No. SR-BOX-2019-13]
Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Extend the
Pilot to the Close of Business on October 18, 2019, for Exchange Rule
IM-7170-1, That Is Linked to the Equity Market Plan To Address
Extraordinary Market Volatility (the ``Limit Up-Limit Down Plan'' or
the ``Plan'')
April 12, 2019.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
[[Page 16095]]
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 11, 2019, 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 Substance
of the Proposed Rule Change
The Exchange proposes to extend the pilot to the close of business
on October 18, 2019, for Exchange Rule IM-7170-1, that is linked to the
equity market Plan to Address Extraordinary Market Volatility (the
``Limit Up-Limit Down Plan'' or the ``Plan''). 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 purpose of the proposed rule change is to amend Rule IM-7170-1
to extend the pilot to the close of business on October 18, 2019. This
change is being proposed in connection with a proposed amendment to the
Limit Up-Limit Down Plan that would allow the Plan to continue to
operate on a permanent basis (``Amendment 18'').
In an attempt to address extraordinary market volatility in NMS
Stock, and, in particular, events like the severe volatility on May 6,
2010, U.S. national securities exchanges and the Financial Industry
Regulatory Authority, Inc. (collectively, ``Participants'') drafted the
Plan pursuant to Rule 608 of Regulation NMS and under the Act.\3\ On
May 31, 2012, the Commission approved the Plan, as amended, on a one-
year pilot basis.\4\ Though the Plan was primarily designed for equity
markets, the Exchange believed it would, indirectly, potentially impact
the options markets as well. Thus, the Exchange has previously adopted
and amended Rule IM-7170-1 to ensure the option markets were not harmed
as a result of the Plan's implementation and has implemented the rule
on a pilot basis that has coincided with the pilot period for the
Plan.\5\ Rule IM-7170-1 was adopted to assist the Exchange in managing
effects stemming from the implementation of the Plan.
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 64547 (May 25,
2011), 76 FR 31647 (June 1, 2011)(File No. 4-631).
\4\ See Securities and Exchange Act Release No. 67091 (May 31,
2012) 77 FR 33498 (June 6, 2012).
\5\ See Securities Exchange Act Release Nos. 34-76233 (October
22, 2015), 80 FR 66087 (October 28, 2015) (SR-BOX-2015-34)
(proposing to extend pilot program to coincide with the pilot period
for the Plan).
---------------------------------------------------------------------------
The Commission recently published an Amendment 18, which would
allow the Plan to operate on a permanent, rather than pilot basis.\6\
In connection with this change, the Exchange proposes to amend the
Options Pilots to expire at the close of business on October 18, 2019--
i.e., six months after the expiration of the current pilot period for
the Plan. Specifically, the Exchange proposes to amend Exchange Rule
IM-7170-1 to untie the Options Pilot's effectiveness from that of the
Plan and to extend the Options Pilot's effectiveness to the close of
business on October 18, 2019. The Exchange understands that the other
national securities exchanges will also file similar proposals to
extend their respective pilot programs, the substance of which are
identical to the proposal.
---------------------------------------------------------------------------
\6\ See Securities Exchange Act Release Nos. 84843 (December 18,
2018), 83 FR 66464 (December 26, 2018) (Amendment No. 18 Proposing
Release).
---------------------------------------------------------------------------
The Exchange does not propose any additional changes to Exchange
Rule IM-7170-1. The Exchange believes the benefits to market
participants from the Options Pilots should continue on a limited six
month pilot basis after Commission approves the Plan to operate on a
permanent basis. Assuming the Plan is approved by the Commission to
operate on a permanent, rather than pilot basis, the Exchange intends
to assess whether additional changes should also be made to the Options
Pilots. Extending the Options Pilots for an additional six months
should provide the Exchange and other national securities exchanges
additional time to consider further amendments to their rules in light
of proposed Amendment 18.
2. Statutory Basis
The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\7\ in general, and Section
6(b)(5) of the Act,\8\ in particular, in that it is designed to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, to promote just and equitable principles of
trade, and, in general, to protect investors and the public interest
and not to permit unfair discrimination between customers, issuers,
brokers, or dealers. The Exchange believes that the proposed rule
change promotes just and equitable principles of trade in that it
promotes transparency and uniformity across markets concerning rules
for options markets adopted to coincide with the Plan. The Exchange
believes that extending the Options Pilots for an additional six months
would help assure that the rules subject to such Pilots are either
similarly made permanent, amended or removed, following additional
discussion and analysis by the Exchange and other national securities
exchanges. The proposed rule change would also help assure that such
rules are not immediately eliminated, thus furthering fair and orderly
markets, the protection of investors and the public interest. Based on
the foregoing, the Exchange believes the Options Pilots should continue
to be in effect on a pilot basis while the Exchange and the other
national securities exchanges consider and develop a permanent proposal
for such rules.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposal would ensure
the continued, uninterrupted operation of the Options Pilots while the
Exchange and other national securities exchanges consider further
amendments to these rules in light of proposed Amendment 18. The
Exchange understands that the other national securities exchanges will
also file similar proposals to extend their respective pilot programs,
the substance of which are identical to this proposal.
[[Page 16096]]
Thus, the proposed rule change will help to ensure consistency across
market centers without implicating any competitive issues. As such, 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
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 \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 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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A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally
does not become operative prior to 30 days after the date of the
filing. However, Rule 19b-4(f)(6)(iii) \12\ 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 proposed
rule change may become effective and operative immediately upon filing.
The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest, as
it will allow the current Options Pilots to continue uninterrupted,
without any changes, while the Exchange and the other national
securities exchanges consider and develop a permanent proposal for
Options Pilots. For this reason, the Commission hereby waives the 30-
day operative delay requirement and designates the proposed rule change
as operative upon filing.\13\
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\11\ 17 CFR 240.19b-4(f)(6).
\12\ 17 CFR 240.19b-4(f)(6)(iii).
\13\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. 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 [email protected]. Please include
File Number SR-BOX-2019-13 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-2019-13. 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
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit 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-2019-13 and should be submitted on
or before May 8, 2019.
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\14\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-07704 Filed 4-16-19; 8:45 am]
BILLING CODE 8011-01-P