Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices 43711 

1See Docket No. RM2018–3, Order Adopting 

Final Rules Relating to Non-Public Information, 

June 27, 2018, Attachment A at 19–22 (Order No. 

4679). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3For example, Exchange rules dealing with 

membership apply to all Participants of the 

Exchange as opposed to rules related to trading on 

BOX, which is product-specific. 

4BOX is an options trading facility of the 

Exchange. 

5See Nasdaq ISE Rule 100(a)(30) defining a 

Member as an organization that has been approved 

to exercise trading rights associated with Exchange 

Rights. 

6The Exchange notes that the Options facility is 

the only facility of the Exchange. If the Exchange 

decides trade other products it will first file a 

proposal with the Commission. 

Commission to consider matters related 

to negotiated service agreement(s). The 

request(s) may propose the addition or 

removal of a negotiated service 

agreement from the market dominant or 

the competitive product list, or the 

modification of an existing product 

currently appearing on the market 

dominant or the competitive product 

list. 

Section II identifies the docket 

number(s) associated with each Postal 

Service request, the title of each Postal 

Service request, the request’s acceptance 

date, and the authority cited by the 

Postal Service for each request. For each 

request, the Commission appoints an 

officer of the Commission to represent 

the interests of the general public in the 

proceeding, pursuant to 39 U.S.C. 505 

(Public Representative). Section II also 

establishes comment deadline(s) 

pertaining to each request. 

The public portions of the Postal 

Service’s request(s) can be accessed via 

the Commission’s website (http://

www.prc.gov). Non-public portions of 

the Postal Service’s request(s), if any, 

can be accessed through compliance 

with the requirements of 39 CFR 

3007.301.1

The Commission invites comments on 

whether the Postal Service’s request(s) 

in the captioned docket(s) are consistent 

with the policies of title 39. For 

request(s) that the Postal Service states 

concern market dominant product(s), 

applicable statutory and regulatory 

requirements include 39 U.S.C. 3622, 39 

U.S.C. 3642, 39 CFR part 3010, and 39 

CFR part 3020, subpart B. For request(s) 

that the Postal Service states concern 

competitive product(s), applicable 

statutory and regulatory requirements 

include 39 U.S.C. 3632, 39 U.S.C. 3633, 

39 U.S.C. 3642, 39 CFR part 3015, and 

39 CFR part 3020, subpart B. Comment 

deadline(s) for each request appear in 

section II. 

II. Docketed Proceeding(s) 

1. Docket No(s).: MC2018–212 and 

CP2018–294; Filing Title: USPS Request 

to Add Priority Mail Express Contract 

64 to Competitive Product List and 

Notice of Filing Materials Under Seal; 

Filing Acceptance Date: August 21, 

2018; Filing Authority: 39 U.S.C. 3642, 

39 CFR 3020.30 et seq., and 39 CFR 

3015.5; Public Representative: Curtis E. 

Kidd; Comments Due: August 29, 2018. 

This Notice will be published in the 

Federal Register. 

Stacy L. Ruble, 

Secretary. 

[FR Doc. 2018–18475 Filed 8–24–18; 8:45 am] 

BILLING CODE 7710–FW–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–83895; File No. SR–BOX– 

2018–27] 

Self-Regulatory Organizations; BOX 

Options Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

a Proposed Rule Change To Make a 

Number of Non-Substantive Changes 

to the Rulebook 

August 21, 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 August 

10, 2018, BOX Options 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 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to make a 

number of non-substantive changes to 

the rulebook. 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://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 is proposing to make a 

number of non-substantive changes to 

the rulebook. Currently, the Exchange’s 

rulebook is singularly focused on the 

trading of options. The Exchange is now 

proposing to amend certain sections of 

the rulebook that do not specifically 

apply to the trading of options in order 

to provide broader rules that apply to 

Participants of the Exchange in general.3

The Exchange believes these changes 

are necessary to provide the Exchange 

with greater flexibility. 

First, the Exchange is proposing to 

amend the definitions of ‘‘Options 

Participant’’ and ‘‘Participant’’ in Rule 

100(a)(41). Specifically, the Exchange is 

proposing to amend the definitions in 

order to cover Participants of the 

Exchange regardless of whether they 

participate in the trading of options. 

Additionally, the Exchange is proposing 

that the definition clarify that 

Participants register with the Exchange 

for purposes of participating in trading 

on ‘‘a facility of the Exchange.’’ 4 The 

Exchange notes that another options 

exchange uses similar non-options 

specific language.5

Next, the Exchange is replacing the 

term ‘‘Options Participant’’ with 

‘‘Participant’’ in a number of rules as 

outlined below. Certain Exchange rules 

are not options specific and therefore 

the Exchange believes it is appropriate 

to replace ‘‘Options Participant’’ with 

‘‘Participant’’ to provide more general 

coverage. The proposed change will 

clarify that these Exchange rules apply 

to Participants of the Exchange 

regardless of whether they participate in 

the trading of options.6

The Exchange proposes to amend its 

rules as it relates to usage of the term 

‘‘Options Participant’’ as follows: 

• The Exchange proposes to replace 

‘‘Options Participant’’ with 

‘‘Participant’’ in Rule 100(a)(4) which 

defines associated person or a person 

associated with a Participant. 


amozie on DSK3GDR082PROD with NOTICES1
43712 Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices 

7See proposed changes to Rule 1060(a). 

8See proposed changes to Rules 2000, 2010, 

2020(a), 2040(a), 2040(f), IM–2040–1, 2050(a)–(e), 

and (g), 2060, 2070, 2080, 2090. The Exchange notes 

that is also replacing ‘‘Options Participant’’ with 

‘‘Participant’’ in the titles of rules 2050, 2060, 2070, 

and 2090. 

9See proposed changes to Rules 3000(a), IM– 

3000–1, 3010, 3020, 3040, 3050(a) and (b), 3060, 

3070(a), 3080, 3090(a), and (c)–(e), 3100, 3110, 

3180(a)–(c), 3220(a). 

10See proposed changes to Rules 4160(a), 

4160(h), 4160(i), 4190(c) and (d), 4200(c) and (d). 

11See proposed changes to Rules 10000(a)–(c), 

10020, 10030(a)–(c), 10040(a)–(d), 10050(c) and (d), 

10070(a) and (b). 

12See proposed changes to Rules 10200, 10210, 

10220. 

13See proposed changes to Rules 11000(a) and 

(b), 11010(a) and (b), 11020(a) and (c), 11040. 

14See proposed changes to Rules 12000(a)–(c), 

12010(a), 12020, 12030(a), 12040(a), 12060(b), (e) 

and (f), 12110(a), (c) and (d), 12120(a), 12160(a). 

15See proposed changes to Rule 13000. 

16See proposed changes to Rule 14000(b), (c) and 

(e). 

17 15 U.S.C. 78f(b). 

18 15 U.S.C. 78f(b)(5). 

• The Exchange is proposing to 

replace ‘‘Options Participant’’ with 

‘‘Participant’’ in Rule 1060 (Exchange’s 

Cost of Defending Legal Proceedings).7

• The Exchange is proposing to 

replace ‘‘Options Participant’’ with 

‘‘Participant’’ in Rules 2000 (Right, 

Privileges, and Duties of Options 

Participants), 2010 (Obligations of 

Options Participants, BOX and the 

Exchange), 2020 (Participant Eligibility 

and Registration), 2040 (Restrictions), 

IM–2040–1, 2050 (Application 

Procedures for Options Participants or 

to become an Associated Person of a 

Participant), 2060 (Revocation of 

Options Participant Status or 

Association with a Participant), 2070 

(Voluntary Termination of Rights as an 

Options Participant), 2080 (Dues, 

Assessments and Other Charges), and 

2090 (Affiliation between Exchange and 

an Options Participant).8

• The Exchange is proposing to 

replace ‘‘Options Participant’’ with 

‘‘Participant’’ in Rules 3000 (Just and 

Equitable Principles of Trade), IM– 

3000–1, 3010 (Adherence to Law), 3020 

(Sharing Offices and Wire Connections), 

3040 (False Statements), 3050 

(Manipulation), 3060 (Gratuities), 3070 

(Conduct and Compliance with the 

Rules), 3080 (Rumors), 3090 (Prevention 

of the Misuse of Material Nonpublic 

Information), 3100 (Disciplinary Action 

by Other Organizations), 3110 (Other 

Restrictions on Participants), 3180 

(Mandatory Systems Testing), and 3220 

(Disruptive Quoting and Trading 

Activity Prohibited).9

• The Exchange is proposing to 

replace ‘‘Options Participant’’ with 

‘‘Participant’’ in Rules 4160 (Transfer of 

Accounts), 4190 (Public Customer 

Complaints), and 4200 (Telephone 

Solicitation).10

• The Exchange is proposing to 

replace ‘‘Options Participant’’ with 

‘‘Participant’’ in Rules 10000 

(Maintenance, Retention and Furnishing 

of Books, Records and Other 

Information), 10020 (Financial Reports), 

10030 (Audits), 10040 (Automated 

Submission of Trade Data), 10050 

(Regulatory Cooperation), and 10070 

(Anti-Money Laundering Compliance 

Program).11

• The Exchange is proposing to 

replace ‘‘Options Participant’’ with 

‘‘Participant’’ in Rules 10200 (Minimum 

Requirements), 10210 (Early Warning’’ 

Notification Requirements), and 10220 

(Power of CRO to Impose 

Restrictions).12

• The Exchange is proposing to 

replace ‘‘Options Participant’’ with 

‘‘Participant’’ in Rules 11000 

(Imposition of Suspension), 11010 

(Investigation Following Suspension), 

11020 (Reinstatement), and 11040 

(Termination of Rights by 

Suspension).13

• The Exchange is proposing to 

replace ‘‘Options Participant’’ with 

‘‘Participant’’ in Rules 12000 

(Disciplinary Jurisdiction), 12010 

(Requirement to Furnish Information), 

12020 (Investigation), 12030 (Letters of 

Consent), 12040 (Charges), 12060 

(Hearing), 12110 (Judgement and 

Sanction), 12120 (Procedural Matters), 

and Rule 12160 (Expedited Suspension 

Provision).14

• The Exchange is proposing to 

replace ‘‘Options Participant’’ with 

‘‘Participant’’ in Rule 13000 (Scope of 

Series).15

• The Exchange is proposing to 

replace ‘‘Options Participant’’ with 

‘‘Participant’’ in Rule 14000 

(Arbitration).16

Lastly, the Exchange is proposing to 

amend Rule 2040(e)(3). Specifically, the 

Exchange proposes to remove the term 

‘‘BOX’’ and replace it with ‘‘a facility of 

the Exchange.’’ The Exchange notes that 

BOX is a facility of the Exchange and 

therefore the Exchange is not proposing 

to substantively change the rule. 

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’’),17 in general, and Section 6(b)(5) 

of the Act,18 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. 

The Exchange believes that the 

proposed rule change would remove 

impediments to and perfect the 

mechanism of a free and open market 

and a national market system by 

ensuring that market participants can 

easily navigate, understand and comply 

with the Exchange’s rulebook. The 

Exchange believes that the proposed 

rule change enables the Exchange to 

continue to enforce the Exchange’s 

rules. The Exchange believes that none 

of the proposed changes discussed 

herein alter the application of any rules. 

As such, the proposed amendments 

would foster cooperation and 

coordination with persons engaged in 

facilitating transactions in securities and 

would remove impediments to and 

perfect the mechanism of a free and 

open market and a national exchange 

system. Further, the Exchange believes 

that, by ensuring the rulebook 

accurately reflects the intention of the 

Exchange’s rules, the proposed rule 

change reduces potential investor or 

market participant confusion. 

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 changes will not 

alter any of the Exchange’s rules. 

Therefore, the proposed changes will 

have no impact on competition as they 

are not designed to address any 

competitive issues but rather are 

designed to make non-substantive 

changes. 

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 rule does not (i) 

significantly affect the protection of 

investors or the public interest; (ii) 

impose any significant burden on 

competition; and (iii) become operative 


amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices 43713 

19The Exchange has fulfilled this requirement. 

20 15 U.S.C. 78s(b)(3)(A). 

21 17 CFR 240.19b–4(f)(6). 22 17 CFR 200.30–3(a)(12). 

for 30 days from the date on which it 

was filed, or such shorter time as the 

Commission may designate if consistent 

with the protection of investors and the 

public interest, provided that the selfregulatory organization has given the 

Commission written notice of its intent 

to file 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,19 the proposed rule 

change has become effective pursuant to 

Section 19(b)(3)(A) of the Act 20 and 

Rule 19b–4(f)(6) thereunder.21

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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

BOX–2018–27 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–2018–27. 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, on official business 

days between the hours of 10:00 a.m. 

and 3:00 p.m., located at 100 F Street 

NE, Washington, DC 20549. 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–2018–27 and should 

be submitted on or before September 17, 

2018. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.22

Eduardo A. Aleman, 

Assistant Secretary. 

[FR Doc. 2018–18426 Filed 8–24–18; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

33206; 812–14918] 

Cushing Asset Management, LP et al. 

August 21, 2018. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice. 

Notice of an application for an order 

under section 6(c) of the Investment 

Company Act of 1940 (the ‘‘Act’’) for an 

exemption from sections 2(a)(32), 

5(a)(1), 22(d), and 22(e) of the Act and 

rule 22c–1 under the Act, under 

sections 6(c) and 17(b) of the Act for an 

exemption from sections 17(a)(1) and 

17(a)(2) of the Act, and under section 

12(d)(1)(J) for an exemption from 

sections 12(d)(1)(A) and 12(d)(1)(B) of 

the Act. The requested order would 

permit (a) index-based series of certain 

open-end management investment 

companies (‘‘Funds’’) to issue shares 

redeemable in large aggregations 

(‘‘Creation Units’’); (b) secondary market 

transactions in Fund shares to occur at 

negotiated market prices rather than at 

net asset value (‘‘NAV’’); (c) certain 

Funds to pay redemption proceeds, 

under certain circumstances, more than 

seven days after the tender of shares for 

redemption; (d) certain affiliated 

persons of a Fund to deposit securities 

into, and receive securities from, the 

Fund in connection with the purchase 

and redemption of Creation Units; (e) 

certain registered management 

investment companies and unit 

investment trusts outside of the same 

group of investment companies as the 

Funds (‘‘Funds of Funds’’) to acquire 

shares of the Funds; and (f) certain 

Funds to issue Shares in less than 

Creation Unit size to investors 

participating in a distribution 

reinvestment program. 

APPLICANTS: Cushing ETF Trust (the 

‘‘Trust’’), a Delaware statutory trust 

which will register under the Act as an 

open-end management investment 

company with multiple series, Cushing 

Asset Management, LP (the ‘‘Adviser’’), 

a Texas limited partnership registered as 

an investment adviser under the 

Investment Advisers Act of 1940, and 

Quasar Distributors, LLC (the 

‘‘Distributor’’), a Delaware limited 

liability company and broker-dealer 

registered under the Securities 

Exchange Act of 1934 (‘‘Exchange Act’’). 

FILING DATES: The application was filed 

on June 8, 2018 and amended on July 

25, 2018. 

HEARING OR NOTIFICATION OF HEARING: An 

order granting the requested relief will 

be issued unless the Commission orders 

a hearing. Interested persons may 

request a hearing by writing to the 

Commission’s Secretary and serving 

applicants with a copy of the request, 

personally or by mail. Hearing requests 

should be received by the Commission 

by 5:30 p.m. on September 17, 2018, 

and should be accompanied by proof of 

service on applicants, in the form of an 

affidavit, or for lawyers, a certificate of 

service. Pursuant to rule 0–5 under the 

Act, hearing requests should state the 

nature of the writer’s interest, any facts 

bearing upon the desirability of a 

hearing on the matter, the reason for the 

request, and the issues contested. 

Persons who wish to be notified of a 

hearing may request notification by 

writing to the Commission’s Secretary. 

ADDRESSES: Secretary, Securities and 

Exchange Commission, 100 F Street NE, 

Washington, DC 20549–1090; 

Applicants: The Trust and the Adviser, 

8117 Preston Road, Suite 440, Dallas, 

Texas 75225, and the Distributor, 777 

East Wisconsin Avenue, 6th Floor, 

Milwaukee, Wisconsin 53202. 

FOR FURTHER INFORMATION CONTACT: 

Benjamin Kalish, Attorney-Adviser, at 


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