[Federal Register Volume 85, Number 117 (Wednesday, June 17, 2020)]
[Notices]
[Pages 36647-36649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12983]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-89043; File No. SR-BOX-2020-18]
Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend Section
II of the Fee Schedule (Manual Transaction Fees) on the BOX Options
Market LLC Facility
June 11, 2020.
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 June 1, 2020, BOX Exchange LLC (``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.
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\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).
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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 to
the BOX Options Market LLC (``BOX'') facility. 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 http://boxexchange.com.
[[Page 36648]]
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 amend Section II (Manual Transaction Fees).\5\
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\5\ Orders initiated and presented on the Trading Floor in open
outcry, as opposed to initiated electronically. Manual transactions
consist of Qualified Open Outcry (``QOO'') Orders. All fees, rebates
and applicable caps will apply to both sides of the paired QOO
Order.
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The Exchange first proposes to amend QOO Order Fees for
Professional Customers in Section II.A of the BOX Fee Schedule.
Specifically, the Exchange proposes to decrease the Professional
Customer QOO Order Fee in Penny Pilot Classes and Non-Penny Pilot
Classes from $0.25 per contract to $0.10 per contract. Next, the
Exchange proposes to amend Section II.C of the BOX Fee Schedule.
Specifically, the Exchange proposes to reduce the QOO Order Rebate for
all Professional Customer QOO Orders to $0.05.\6\
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\6\ Currently, Floor Brokers receive a $0.075 per contract
rebate for Professional Customer QOO Orders presented on the Trading
Floor.
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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 notes that it operates in a highly competitive
market in which the Exchange must continually reassess its fees in
order to maintain its competitiveness within the options exchange
industry. The proposed rule changes reflect a competitive pricing
structure designed to incentivize market participants to direct their
order flow to the Exchange.
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\7\ 15 U.S.C. 78f(b)(4) and (5).
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The Exchange believes the proposed change to reduce Professional
Customer QOO Order fees is reasonable, equitable, and not unfairly
discriminatory because it is intended to attract a greater number of
Professional Customer QOO orders to the Exchange. The Exchange believes
the potential increased volume would create better trading
opportunities that benefit all market participants. Specifically,
greater volume and liquidity from increased order flow could create
more trading opportunities and tighter spreads. Further, the Exchange
believes it is equitable and not unfairly discriminatory to assess
Professional Customers lower fees for manual transactions than Broker
Dealers and Market Makers because, by definition, Professional
Customers are a different type of market participant. Specifically,
Professional Customers are not brokers or dealers in securities; they
are persons (or entities) that place more than 390 orders per day on
average for their own beneficial account. The Exchange notes that
assessing lower fees for Professional Customers compared to Broker
Dealers and Market Makers is not novel as BOX currently assesses lower
fees for Professional Customers than Broker Dealers and Market Makers
in another part of its Fee Schedule.\8\ Further, the Exchange notes
that Cboe Exchange Inc. (``Cboe'') currently assesses different fees
for Professional Customers compared to Broker-Dealers and Market Makers
for floor transactions.\9\ In addition, the Exchange believes the
proposed $0.10 fee is reasonable when compared to fees assessed for
similar transactions for Professional Customers at another
exchange.\10\ Further, the Exchange believes that the proposed change
is equitable and not unfairly discriminatory, as the proposed change
applies to all Professional Customer QOO Orders presented on the
Trading Floor by Floor Brokers.
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\8\ See BOX Fee Schedule Section I.D. Qualified Contingent Cross
(``QCC'') Transactions. The Exchange notes that Professional
Customers are charged no fee for QCC transactions where Broker
Dealers and Market Makers are charged $0.17 for their QCC
transactions.
\9\ For manual transactions, Cboe charges $0.12 per contract for
professional customers (``U'' capacity code); $0.25 per contract for
Broker-Dealers (``BA'' code); and $0.23 for Market-Makers (``MA''
code). See Cboe Fees Schedule ``Options Transaction Fee Per
Contract; Manual''.
\10\ Id.
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The Exchange believes the proposal to reduce the QOO Order Rebate
for all Professional Customer QOO transactions is reasonable.
Specifically, the Exchange believes the proposed $0.05 rebate is
balanced by the potential increase in Professional Customer volume
directed toward the Exchange's Floor Brokers who would benefit from a
rise in rebate opportunities because of the increased volume from
Professional Customer orders. The Exchange believes that the rebate
will continue to incentivize Floor Brokers to execute Professional
Customer QOO Orders on the Trading Floor. The Exchange also notes that
Floor Brokers will continue to receive a $0.075 per contract rebate on
all other qualifying QOO Orders presented to the Trading Floor. Lastly,
the Exchange believes that the proposal to lower the QOO Order Rebate
for Professional Customer executions is equitable and not unfairly
discriminatory because the proposed change applies to all Professional
Customers' QOO Orders presented to the Trading Floor equally.
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. The Exchange notes that is
operates in a highly competitive market in which competitors are free
to modify their own fee schedules. The Exchange believes that the
proposal to reduce the QOO Order fee for Professional Customers does
not impose a burden on competition. Although the reduction in QOO Order
Fees to $0.10 for manual executions only applies to Professional
Customers, the proposed change is aimed at encouraging increased
Professional Customer options volume, which may provide greater trading
opportunities for all market participants. The Exchange believes this
enhances competition as it is intended to increase the competitiveness
of BOX by adopting an additional pricing incentive in order to attract
order flow and incentivize Professional Customer executions on the
Exchange.
Further, the Exchange does not believe that reducing the QOO Order
rebate for Professional Customer executions will impose an undue burden
on intermarket competition. Several other competing exchanges have open
outcry trading floors and market participants can readily direct order
flow to any these venues if they deem BOX's manual transaction fees to
be excessive, or rebate opportunities available at other venues to be
more favorable. In such an environment, the Exchange must continually
adjust its
[[Page 36649]]
fees to remain competitive with other exchanges. The Exchange does not
believe the proposed rule change to reduce the QOO Order rebate for
Professional Customer executions would burden intramarket competition
as it would apply uniformly to all Floor Brokers on the BOX Trading
Floor. The proposed rule change reflects a competitive pricing
structure designed to incentivize Professional Customers to direct
their order flow to the Exchange, which the Exchange believes would
enhance market quality to the benefit of all Participants.
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 \11\ and Rule 19b-4(f)(2)
thereunder,\12\ because it establishes or changes a due, or fee.
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\11\ 15 U.S.C. 78s(b)(3)(A)(ii).
\12\ 17 CFR 240.19b-4(f)(2).
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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 (http://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-BOX-2020-18 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-2020-18. 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 (http://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 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-2020-18, and should be submitted on
or before July 8, 2020.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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\13\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-12983 Filed 6-16-20; 8:45 am]
BILLING CODE 8011-01-P