[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Notices]
[Pages 5046-5048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01516]


=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96723; File No. SR-BOX-2023-03]


Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing 
and Immediate Effectiveness of a Proposed Rule Change To Establish a 
New Service and Related Fees for Use of the BOX Options Market LLC 
(``BOX'') Trade Management System

January 20, 2023.
    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 January 6, 2023, 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 Exchange filed the 
proposed rule change pursuant to section 19(b)(3)(A) of the Act,\3\ and 
Rule 19b-4(f)(6) 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\ F17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to establish a new service and related fees 
for use of the BOX Options Market LLC (``BOX'') Trade Management 
System. 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://rules.boxexchange.com/rulefilings.

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 establish a new 
service and related fees for the use of BOX's Trade Management System 
(``TMS'').
    TMS is a system licensed by BOX that allows users to query trades, 
correct trades, and/or allocate trades to the appropriate accounts and 
sub-accounts for clearing (collectively known as ``trade 
information''). After a trade is executed, a Participant may need to 
update or correct the trade information before the trade is submitted 
to the Options Clearing Corporation (``OCC'') for clearing. Currently, 
TMS is accessed only by the BOX Market Operations Center (``MOC''). If 
a Participant wishes to make any corrections or updates to trade 
information, they must contact the MOC or produce a detailed file for 
automated processing by BOX.
    Participants have requested that BOX allow them to access TMS 
directly so that they may correct their trade information themselves 
without interacting with the MOC or submitting a detailed file. The 
Exchange believes that providing direct access to TMS to Participants 
will allow them to more efficiently manage their back office clearing 
operations and assist them in providing accurate clearing information 
to the OCC. As such, the Exchange now proposes to make TMS available to 
BOX Participants, which will allow Participants the ability to correct 
certain OCC-required trade information. Specifically, TMS will allow 
Participants to correct a trade's account number, sub-account number, 
Clearing Member Trade Assignment (``CMTA'') clearing firm, Clearing 
Participant Give-Up, quantity, account type, and other information 
connected to trades.
    The Exchange also proposes to establish a subscription fee of $350 
per month, per user for the use of TMS.\5\ The Exchange notes that use 
of TMS is completely voluntary and the subscription fee will be charged 
to all Participants equally based on the number of users requested. The 
Exchange also notes that Participants who do not wish to use TMS will 
still be able to make any corrections or updates to trade information 
by contacting the MOC or producing a detailed file for automated 
processing by BOX.\6\
---------------------------------------------------------------------------

    \5\ For example, Firm A is a BOX Participant who wishes to 
access TMS for two separate users. Under this proposal, Firm A would 
be assessed a fee of $700 per month for their use of TMS (two users 
at $350 equals $700).
    \6\ The Exchange notes that other exchanges charge for 
performing certain post-trade adjustments on behalf of permit 
holders. See NYSE Arca Options Fees and Charges, Service Fees and 
NYSE American Options Fee Schedule, Section VIII (charging $5.00 per 
trade adjusted for Post-Trade Adjustments that do not affect the 
contractual terms of a trade, the Service Fee would only apply when 
the Exchange performs Post-Trade Adjustments on behalf of ATP or OTP 
Holders when such Post-Trade Adjustments could otherwise have been 
self-executed. ATP or OTP Holders may continue to make these Post-
Trade Adjustments on their own without incurring the Service Fee).
---------------------------------------------------------------------------

    The Exchange notes that other options exchanges make similar tools 
available to firms where the firm, not Exchange personnel, may correct 
trade information that is submitted to the OCC.\7\ The Exchange further 
notes that another exchange charges its participants a monthly fee per 
user for a similar product.\8\
---------------------------------------------------------------------------

    \7\ See e.g., the Nasdaq Options Maintenance Tool, the Cboe 
Options Clearing Editor, the MIAX Member Firm Portal, and the NYSE 
Pillar Trade Ops Portal.
    \8\ The Nasdaq Stock Market LLC (``Nasdaq'') charges $200 per 
month, per user. See Nasdaq Rules Options 7 Pricing Schedule, 
Section 6 Nasdaq Options Maintenance Tool.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of section 6(b) of the Act,\9\ in general, and sections 
6(b)(4) and section 6(b)(5) of the Act,\10\ in particular, because 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, and to remove impediments to and perfect 
the mechanism of a free and open market and a national market system. 
The Exchange notes that offering the use of TMS to BOX Participants is 
consistent with the Act in that the use of TMS is completely voluntary 
and the subscription fees will be imposed on all

[[Page 5047]]

Participants equally based on the number of users requested. Further, 
the Exchange believes that the proposed fee discussed herein is 
equitable and not unfairly discriminatory because the use of TMS is 
voluntary and subscription fees will be charged to all Participants 
equally based on the number of users provisioned to use TMS. As noted 
above, Participants use of TMS is an optional alternative to the 
current processes of (1) requesting transactions to be updated by the 
MOC or (2) producing a detailed file for automated processing by BOX. 
The Exchange believes that providing TMS to Participants will allow 
Participants to more efficiently manage their back office clearing 
operations and assist them in providing accurate clearing information 
to the OCC. The Exchange notes that trade information in TMS is 
specific to each Participant and their trades, allowing them to 
conveniently verify, update, and/or correct transaction information as 
needed.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    Further, the Exchange believes that the proposed fee is reasonable 
and appropriate as it will cover the costs associated with establishing 
the use of TMS for Participants that request it and administering the 
service to those Participants. Further, the Exchange notes that the 
proposed fee is nominal and is not designed to provide a revenue stream 
to BOX but rather to offset the costs associated with allowing 
Participants to access and use TMS. Specifically, the Exchange notes 
that the proposed fee is intended to cover the costs of establishing 
the service, and monitoring and supporting the access and use of TMS by 
Participants, among other things. As such, the Exchange believes the 
proposed fee is reasonable and appropriate.
    As noted herein, Participants have requested this functionality and 
each Participant may choose whether the value added is worth the cost 
of the subscription. The Exchange believes offering TMS to BOX 
Participants is consistent with the Act because TMS provides 
Participants with the ability to directly update their transactions, at 
their convenience, and immediately verify the results of their 
modifications. Using TMS is purely a matter of convenience and is 
wholly voluntary by the Participant. The Exchange again notes that 
another exchange charges a monthly fee per user for a similar tool.\11\
---------------------------------------------------------------------------

    \11\ See supra, note 8.
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change would allow the Exchange to establish a 
new service and related fees for the use of BOX's TMS on a voluntary 
basis. The Exchange notes that the subscription fee will be charged to 
all Participants equally based on the number of users requested. Any 
Participants who do not wish to use TMS will still be able to make any 
corrections or updates to trade information by contacting the MOC or 
producing a detailed file for automated processing by BOX. Further, the 
Exchange notes that another exchange offers a similar service and 
charges a monthly fee per user for a similar tool.\12\ As such, the 
Exchange does not believe that the proposed rule change will impose any 
burden on intermarket or intramarket competition not necessary or 
appropriate in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \12\ See supra, note 8.
---------------------------------------------------------------------------

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 \13\ and Rule 19b-
4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 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.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \15\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \16\ 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 requested that the Commission waive the 30-day operative delay.
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest. 
According to the Exchange, providing immediate access to BOX's TMS will 
offer BOX Participants the option to more efficiently manage their back 
office clearing operations and will assist them in providing accurate 
clearing information to the OCC. Moreover, other exchanges offer 
similar services to their members. Accordingly, the proposal does not 
raise novel issues. For these reasons, the Commission designates that 
the proposed rule change to be operative immediately upon filing.\17\
---------------------------------------------------------------------------

    \17\ 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. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BOX-2023-03 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-2023-03. 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

[[Page 5048]]

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-
2023-03 and should be submitted on or before February 16, 2023.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-01516 Filed 1-25-23; 8:45 am]
BILLING CODE 8011-01-P