80 FR 10192 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Exchange Rule 6.25
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 80, Issue 37 (February 25, 2015)
Federal Register Volume 80, Issue 37 (February 25, 2015)
| Page Range | 10192-10194 | |
| FR Document | 2015-03820 |
[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)] [Notices] [Pages 10192-10194] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03820] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-74312; File No. SR-CBOE-2015-18] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Exchange Rule 6.25 February 19, 2015. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that, on February 19, 2015, Chicago Board Options Exchange, Incorporated (the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange Commission (the ``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. --------------------------------------------------------------------------- \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 extend a pilot program related to Rule 6.25 (Nullification and Adjustment of Options Transactions). The text of the proposed rule change is available on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room. 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. [[Page 10193]] A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of this filing is to extend the effectiveness of the Exchange's current rule applicable to obvious errors. Interpretation and Policy .06 to Rule 6.25, explained in further detail below, is currently operating on a pilot program set to expire on February 20, 2015. The Exchange proposes to extend the pilot program to October 23, 2015. On April 5, 2013, the Commission approved, on a pilot basis, amendments to Exchange Rule 6.25 that stated that options executions will not be adjusted or nullified if the execution occurs while the underlying security is in a limit or straddle state as defined by the Plan. Under the terms of this current pilot program, though options executions will generally not be adjusted or nullified while the underlying security is in a limit or straddle state, such executions may be reviewed by the Exchange should the Exchange decide to do so under its own motion. Pursuant to a comment letter filed in connection with the order approving the establishment of the pilot, the Exchange committed to submit monthly data regarding the program. In addition, the Exchange agreed to submit an overall analysis of the pilot in conjunction with the data submitted under the Plan and any other data as requested by the Commission. Pursuant to a rule filing, approved on April 3, 2014, each month, the Exchange committed to provide the Commission, and the public, a dataset containing the data for each straddle and limit state in optionable stocks that had at least one trade on the Exchange. The Exchange will continue to provide the Commission with this data on a monthly basis from February 2015 through the end of the pilot. For each trade on the Exchange, the Exchange will provide (a) the stock symbol, option symbol, time at the start of the straddle or limit state, an indicator for whether it is a straddle or limit state, and (b) for the trades on the Exchange, the executed volume, time-weighted quoted bid- ask spread, time-weighted average quoted depth at the bid, time- weighted average quoted depth at the offer, high execution price, low execution price, number of trades for which a request for review for error was received during straddle and limit states, an indicator variable for whether those options outlined above have a price change exceeding 30% during the underlying stock's limit or straddle state compared to the last available option price as reported by OPRA before the start of the limit or straddle state (1 if observe 30% and 0 otherwise), and another indicator variable for whether the option price within five minutes of the underlying stock leaving the limit or straddle state (or halt if applicable) is 30% away from the price before the start of the limit or straddle state. In addition, the Exchange will provide to the Commission and the public, no later than May 29, 2015, assessments relating to the impact of the operation of the obvious error rules during limit and straddle states including: (1) An evaluation of the statistical and economic impact of limit and straddle states on liquidity and market quality in the options markets, and (2) an assessment of whether the lack of obvious error rules in effect during the straddle and limit states are problematic. The Exchange is now proposing to extend the pilot period until October 23, 2015. The Exchange believes the benefits to market participants from this provision should continue on a pilot basis. The Exchange continues to believe that adding certainty to the execution of orders in limit or straddle states will encourage market participants to continue to provide liquidity to the Exchange, and, thus, promote a fair and orderly market during these periods. Barring this provision, the provisions of Rule 6.25 would likely apply in many instances during limit and straddle states. The Exchange believes that continuing the pilot will protect against any unanticipated consequences in the options markets during a limit or straddle state. Thus, the Exchange believes that the protections of current Rule should continue while the industry gains further experience operating the Plan. 2. Statutory Basis The Exchange believes the proposed rule change is consistent with the Securities Exchange Act of 1934 (the ``Act'') and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act.\3\ Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) \4\ requirements that the rules of an exchange be 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 regulating, clearing, settling, processing information with respect to, and 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. Additionally, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5)\5\ requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers. --------------------------------------------------------------------------- \3\ 15 U.S.C. 78f(b). \4\ 15 U.S.C. 78f(b)(5). \5\ Id. --------------------------------------------------------------------------- In particular, the Exchange further believes that it is necessary and appropriate in the interest of promoting fair and orderly markets to exclude transactions executed during a limit or straddle state from certain aspects of the Exchange Rule 6.25. The Exchange believes the application of the current rule will be impracticable given the lack of a reliable NBBO in the options market during limit and straddle states, and that the resulting actions (i.e., nullified trades or adjusted prices) may not be appropriate given market conditions. Extension of this pilot would ensure that limit orders that are filled during a limit or straddle state would have certainty of execution in a manner that promotes just and equitable principles of trade, removes impediments to, and perfects the mechanism of a free and open market and a national market system. Thus, the Exchange believes that the protections of the pilot should continue while the industry gains further experience operating the Plan. B. Self-Regulatory Organization's Statement on Burden on Competition CBOE does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. Specifically, the Exchange believes that, by extending the expiration of the pilot, the proposed rule change will allow for further analysis of the pilot and a determination of how the pilot shall be structured in the future. In doing so, the proposed rule change will also serve to promote regulatory clarity and consistency, thereby reducing burdens on the marketplace and facilitating investor protection. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange neither solicited nor received comments on the proposed rule change. [[Page 10194]] 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 if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act \6\ and Rule 19b- 4(f)(6)(iii) thereunder.\7\ --------------------------------------------------------------------------- \6\ 15 U.S.C. 78s(b)(3)(A). \7\ 17 CFR 240.19b-4(f)(6)(iii). 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. --------------------------------------------------------------------------- The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become 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 obvious error pilot program to continue uninterrupted while the industry gains further experience operating under the Plan to Address Extraordinary Market Volatility, and avoid any investor confusion that could result from a temporary interruption in the pilot program. For this reason, the Commission designates the proposed rule change to be operative upon filing.\8\ --------------------------------------------------------------------------- \8\ For 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). --------------------------------------------------------------------------- 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 CommentsUse 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-CBOE-2015-18 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-CBOE-2015-18. 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 Web site (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 Web site 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; 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-CBOE-2015-18, and should be submitted on or before March 18, 2015. --------------------------------------------------------------------------- \9\ 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\9\ Brent J. Fields, Secretary. [FR Doc. 2015-03820 Filed 2-24-15; 8:45 am] BILLING CODE 8011-01-P
![10192 Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices
to the Exchange’s existing rules traded common stocks (when the Sub- SECURITIES AND EXCHANGE
governing the trading of equity Adviser determines that it is more COMMISSION
securities. In support of this proposal, efficient or otherwise advantageous to
the Exchange has also made the do so), money market funds, U.S. [Release No. 34–74312; File No. SR–CBOE–
following representations: treasuries, or money market 2015–18]
(1) The Shares will be subject to Rule instruments. In order to seek its
5735, which sets forth the initial and investment objective, the Fund will not Self-Regulatory Organizations;
continued listing criteria applicable to employ other strategies outside of the Chicago Board Options Exchange,
Managed Fund Shares. above-described ‘‘Principal
(2) The Exchange has appropriate Incorporated; Notice of Filing and
Investments.’’ Immediate Effectiveness of a Proposed
rules to facilitate transactions in the (8) The Fund may hold up to an
Shares during all trading sessions. Rule Change Relating to Exchange
aggregate amount of 15% of its net Rule 6.25
(3) Prior to the commencement of
assets in illiquid assets (calculated at
trading, the Exchange will inform its
the time of investment) and will February 19, 2015.
members in an Information Circular of
monitor its portfolio liquidity on an Pursuant to Section 19(b)(1) of the
the special characteristics and risks
ongoing basis to determine whether, in Securities Exchange Act of 1934 (the
associated with trading the Shares.
light of current circumstances, an
Specifically, the Information Circular ‘‘Act’’),1 and Rule 19b–4 thereunder,2
adequate level of liquidity is being
will discuss the following: (a) The notice is hereby given that, on February
maintained. The Fund will consider
procedures for purchases and 19, 2015, Chicago Board Options
taking appropriate steps in order to
redemptions of Shares in Creation Units Exchange, Incorporated (the ‘‘Exchange’’
(and that Shares are not individually maintain adequate liquidity if, through
a change in values, net assets, or other or ‘‘CBOE’’) filed with the Securities
redeemable); (b) Nasdaq Rule 2111A, and Exchange Commission (the
which imposes suitability obligations on circumstances, more than 15% of the
Fund’s net assets are held in illiquid ‘‘Commission’’) the proposed rule
Nasdaq members with respect to change as described in Items I and II
recommending transactions in the assets.
(9) While the Fund may invest in below, which Items have been prepared
Shares to customers; (c) how
leveraged ETFs (e.g., 2X or 3X), the by the Exchange. The Commission is
information regarding the Intraday
Fund will not invest in inverse or publishing this notice to solicit
Indicative Value and Disclosed Portfolio
is disseminated; (d) the risks involved inverse leveraged ETFs. Under normal comments on the proposed rule change
in trading the Shares during the Pre- circumstances, the Fund will not invest from interested persons.
Market and Post-Market Sessions when more than 25% of its total assets in I. Self-Regulatory Organization’s
an updated Intraday Indicative Value leveraged ETPs. The Fund will not be Statement of the Terms of the Substance
will not be calculated or publicly operated in a manner designed to seek
of the Proposed Rule Change
disseminated; (e) the requirement that a multiple of the performance of an
members deliver a prospectus to underlying reference index. The Exchange proposes to extend a
investors purchasing newly issued (10) The Fund will not use derivative pilot program related to Rule 6.25
Shares prior to or concurrently with the instruments, including options, swaps, (Nullification and Adjustment of
confirmation of a transaction; and (f) forwards, and futures contracts. Options Transactions). The text of the
trading information. (11) The Fund’s investments will be proposed rule change is available on the
(4) Trading in the Shares will be consistent with the Fund’s investment Exchange’s Web site (http://
subject to the existing trading objective. www.cboe.com/AboutCBOE/
surveillances, administered by both The Commission notes that the Fund CBOELegalRegulatoryHome.aspx), at
Nasdaq and FINRA,33 on behalf of the and the Shares must comply with the the Exchange’s Office of the Secretary,
Exchange. The trading surveillance requirements of Nasdaq Rule 5735 to be and at the Commission’s Public
procedures are designed to detect initially and continuously listed and Reference Room.
violations of Exchange rules and traded on the Exchange. This approval
applicable federal securities laws. These order is based on all of the Exchange’s II. Self-Regulatory Organization’s
procedures are adequate to properly representations and description of the Statement of the Purpose of, and
monitor Exchange trading of the Shares Fund, including those set forth above Statutory Basis for, the Proposed Rule
in all trading sessions and to deter and and in the Notice. Change
detect violations of Exchange rules and
applicable federal securities laws. IV. Conclusion In its filing with the Commission, the
(5) For initial and continued listing, It is therefore ordered, pursuant to Exchange included statements
the Fund must be in compliance with Section 19(b)(2) of the Act,35 that the concerning the purpose of and basis for
Rule 10A–3 under the Act.34 proposed rule change (SR–NASDAQ– the proposed rule change and discussed
(6) A minimum of 100,000 Shares will any comments it received on the
2014–127), be, and it hereby is,
be outstanding at the commencement of proposed rule change. The text of these
approved.
trading on the Exchange. statements may be examined at the
(7) The Fund will invest at least 80% For the Commission, by the Division of
Trading and Markets, pursuant to delegated places specified in Item IV below. The
of its assets under normal market
asabaliauskas on DSK5VPTVN1PROD with NOTICES
authority.36 Exchange has prepared summaries, set
conditions in shares of ETPs,
Brent J. Fields, forth in sections A, B, and C below, of
individually selected U.S. exchange-
Secretary. the most significant aspects of such
33 According to the Exchange, FINRA surveils [FR Doc. 2015–03812 Filed 2–24–15; 8:45 am] statements.
trading on the Exchange pursuant to a regulatory BILLING CODE 8011–01–P
services agreement. The Exchange is responsible for
FINRA’s performance under this regulatory services
1 15 U.S.C. 78s(b)(1).
agreement. See Notice, supra note 3, 80 FR at 544. 35 15 U.S.C. 78s(b)(2).
34 17 CFR 240.10A–3. 36 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.
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![10194 Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices
III. Date of Effectiveness of the Comments may be submitted by any of SECURITIES AND EXCHANGE
Proposed Rule Change and Timing for the following methods: COMMISSION
Commission Action
Electronic Comments [Release No. 34–74304; File Nos. SR–MIAX–
Because the proposed rule change 2014–30 and SR–MIAX–2014–39]
does not (i) significantly affect the • Use the Commission’s Internet
protection of investors or the public comment form (http://www.sec.gov/ Self-Regulatory Organizations; Miami
interest; (ii) impose any significant rules/sro.shtml); or International Securities Exchange LLC;
burden on competition; and (iii) become Order Disapproving Proposed Rule
• Send an email to rule-comments@
operative for 30 days from the date on Changes To List and Trade Options on
sec.gov. Please include File Number SR–
which it was filed, or such shorter time Shares of the iShares ETFs and Market
as the Commission may designate if CBOE–2015–18 on the subject line. Vectors ETFs
consistent with the protection of Paper Comments
investors and the public interest, the February 19, 2015.
proposed rule change has become • Send paper comments in triplicate I. Introduction
effective pursuant to Section 19(b)(3)(A) to Secretary, Securities and Exchange
On June 17, 2014, Miami International
of the Act 6 and Rule 19b–4(f)(6)(iii) Commission, 100 F Street NE.,
Securities Exchange LLC (‘‘MIAX’’ or
thereunder.7 Washington, DC 20549–1090.
The Exchange has asked the ‘‘Exchange’’) filed with the Securities
Commission to waive the 30-day All submissions should refer to File and Exchange Commission
operative delay so that the proposal may Number SR–CBOE–2015–18. This file (‘‘Commission’’), pursuant to Section
become operative immediately upon number should be included on the 19(b)(1) of the Securities Exchange Act
filing. The Commission believes that subject line if email is used. To help the of 1934 (‘‘Exchange Act’’ or ‘‘Act’’) 1 and
waiving the 30-day operative delay is Commission process and review your Rule 19b–4 thereunder,2 a proposed rule
consistent with the protection of comments more efficiently, please use change to list and trade options on
investors and the public interest, as it only one method. The Commission will shares of the iShares MSCI Brazil
will allow the obvious error pilot post all comments on the Commission’s Capped ETF, iShares MSCI Chile
program to continue uninterrupted Internet Web site (http://www.sec.gov/ Capped ETF, iShares MSCI Peru Capped
while the industry gains further rules/sro.shtml). Copies of the ETF, and iShares MSCI Spain Capped
experience operating under the Plan to ETF (collectively ‘‘iShares ETFs’’). The
submission, all subsequent
Address Extraordinary Market proposed rule change was published for
amendments, all written statements
Volatility, and avoid any investor comment in the Federal Register on July
with respect to the proposed rule 3, 2014.3 On August 13, 2014, the
confusion that could result from a change that are filed with the
temporary interruption in the pilot Commission extended the time period
Commission, and all written in which to either approve the proposed
program. For this reason, the communications relating to the
Commission designates the proposed rule change, disapprove the proposed
proposed rule change between the rule change, or institute proceedings to
rule change to be operative upon filing.8
At any time within 60 days of the Commission and any person, other than determine whether to approve or
filing of the proposed rule change, the those that may be withheld from the disapprove the proposed rule change, to
Commission summarily may public in accordance with the October 1, 2014.4 On September 25,
temporarily suspend such rule change if provisions of 5 U.S.C. 552, will be 2014, the Commission instituted
it appears to the Commission that such available for Web site viewing and proceedings to determine whether to
action is necessary or appropriate in the printing in the Commission’s Public approve or disapprove the proposed
public interest, for the protection of Reference Room, 100 F Street NE., rule change.5 The Commission received
investors, or otherwise in furtherance of Washington, DC 20549 on official a letter from MIAX on the proposal.6 On
the purposes of the Act. If the business days between the hours of December 17, 2014, the Commission
Commission takes such action, the 10:00 a.m. and 3:00 p.m. Copies of such issued a notice of designation of a
Commission shall institute proceedings filing also will be available for longer period for Commission action on
to determine whether the proposed rule inspection and copying at the principal proceedings to determine whether to
should be approved or disapproved. office of the Exchange. All comments approve or disapprove the proposed
received will be posted without change; rule change.7
IV. Solicitation of Comments In addition, on July 28, 2014, the
the Commission does not edit personal
Interested persons are invited to identifying information from Exchange filed with the Commission a
submit written data, views, and submissions. You should submit only proposed rule change to list and trade
arguments concerning the foregoing, information that you wish to make options on shares of the Market Vectors
including whether the proposed rule available publicly. All submissions
change is consistent with the Act. should refer to File Number SR–CBOE–
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
6 15
2015–18, and should be submitted on or 3 See Securities Exchange Act Release No. 72492
U.S.C. 78s(b)(3)(A).
7 17 CFR 240.19b–4(f)(6)(iii). As required under
before March 18, 2015. (June 27, 2014), 79 FR 38099 (SR–MIAX–2014–30)
Rule 19b–4(f)(6)(iii), the Exchange provided the (‘‘iShares ETFs Proposal’’).
For the Commission, by the Division of 4 See Securities Exchange Act Release No. 72835,
Commission with written notice of its intent to file
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Trading and Markets, pursuant to delegated 79 FR 49140 (August 19, 2014).
the proposed rule change, along with a brief
description and the text of the proposed rule authority.9 5 See Securities Exchange Act Release No. 73211,
change, at least five business days prior to the date Brent J. Fields, 79 FR 59338 (October 1, 2014).
of filing of the proposed rule change, or such 6 See Letter to Elizabeth M. Murphy, Secretary,
shorter time as designated by the Commission. Secretary. Commission, from Brian O’Neill, Vice President
8 For purposes only of waiving the 30-day [FR Doc. 2015–03820 Filed 2–24–15; 8:45 am] and Senior Counsel, MIAX, dated October 22, 2014
operative delay, the Commission has also (providing comment on SR–MIAX–2014–30 and
BILLING CODE 8011–01–P
considered the proposed rule’s impact on SR–MIAX–2014–39) (‘‘MIAX Letter’’).
efficiency, competition, and capital formation. See 7 See Securities Exchange Act Release No. 73856,
15 U.S.C. 78c(f). 9 17 CFR 200.30–3(a)(12). 79 FR 77075 (December 23, 2014).
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Document Created: 2015-12-18 13:08:35
Document Modified: 2015-12-18 13:08:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 10192 |
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