80_FR_30616 80 FR 30514 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of a Proposed Rule Change To Amend Exchange Rules Related to Order Tickets

80 FR 30514 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of a Proposed Rule Change To Amend Exchange Rules Related to Order Tickets

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 102 (May 28, 2015)

Page Range30514-30517
FR Document2015-12832

Federal Register, Volume 80 Issue 102 (Thursday, May 28, 2015)
[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Notices]
[Pages 30514-30517]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12832]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75026; File No. SR-CBOE-2015-048]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing of a Proposed Rule Change To Amend 
Exchange Rules Related to Order Tickets

May 21, 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 May 11, 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, II, and III below, which Items have been prepared by the 
Exchange. The Exchange filed the proposal as a ``non-controversial'' 
proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and 
Rule 19b-4(f)(6) thereunder.\4\ The Commission is publishing this 
notice to solicit comments on the

[[Page 30515]]

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).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange seeks to amend its rules related to order tickets. The 
text of the proposed rule change is provided below.

(additions are italicized; deletions are [bracketed])
* * * * *

Chicago Board Options Exchange, Incorporated Rules

* * * * *

Rule 6.53. Certain Types of Orders Defined

* * * * *

. . . Interpretations and Policies:

    .01 No change.
    .02 Complex orders of twelve (12) legs or less (one leg of which 
may be for an underlying security or security future, as applicable) 
must be entered on a single order ticket at time of systemization. If 
permitted by the Exchange (which the Exchange will announce by 
Regulatory Circular), complex orders of more than twelve (12) legs (one 
leg of which may be for an underlying security or security future, as 
applicable) may be split across multiple order tickets if the Trading 
Permit Holder representing the complex order [includes twelve (12) legs 
on one of the order tickets] uses the fewest order tickets necessary to 
systematize the order and identifies for the Exchange the order tickets 
that are part of the same complex order (in a form and manner 
prescribed by the Exchange).
* * * * *

Rule 24.20. SPX Combo Orders

* * * * *

. . . Interpretations and Policies:

    .01 An SPX Combo Order for twelve (12) legs or less must be entered 
on a single order ticket at time of systemization. If permitted by the 
Exchange (which the Exchange will announce by Regulatory Circular), an 
SPX Combo Order for more than twelve (12) legs may be represented or 
executed as a single SPX Combo Order in accordance with this Rule 24.20 
if it is split across multiple order tickets and the Trading Permit 
Holder representing the SPX Combo Order [includes twelve (12) legs on 
one of the order tickets] uses the fewest order tickets necessary to 
systematize the order and identifies for the Exchange the order tickets 
that are part of the same SPX Combo Order (in a manner and form 
prescribed by the Exchange).
* * * * *
    The text of the proposed rule change is also 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.

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 order ticket requirements 
applicable to complex orders in open outcry pursuant to Rule 6.53, as 
well as SPX Combo Orders \5\ pursuant to Rule 24.20.
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    \5\ An ``SPX Combo Order'' consists of an order to purchase or 
sell one or more SPX option series and the offsetting number of SPX 
combinations defined by the delta, where an ``SPX combination'' is a 
purchase (sale) of an SPX call and sale (purchase) of an SPX put 
having the same expiration date and strike price and a ``delta'' is 
the positive (negative) number of SPX combinations that must be sold 
(bought) to establish a market neutral hedge with one or more SPX 
option series.
---------------------------------------------------------------------------

Background
    On February 26, 2015, rule change filing SR-CBOE-2015-011 was 
approved by the Securities and Exchange Commission (the 
``Commission'').\6\ As amended by SR-CBOE-2015-011, Rule 6.53 requires 
complex orders of twelve (12) legs or less (one leg of which may be for 
an underlying security or security future, as applicable) to be entered 
on a single order ticket at time of systemization. Rule 6.53, as 
amended, also states that if permitted by the Exchange (which the 
Exchange will announce by Regulatory Circular), complex orders of more 
than twelve (12) legs (one leg of which may be for an underlying 
security or security future, as applicable) may be split across 
multiple order tickets, if the Trading Permit Holder (``TPH'') 
representing the complex order includes twelve (12) legs on one of the 
order tickets and identifies for the Exchange the order tickets that 
are part of the same complex order (in a form and manner prescribed by 
the Exchange).
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    \6\ Securities Exchange Act Release No. 34-74389 (February 26, 
2015), 80 FR 11717 (March 4, 2015) (``Order'').
---------------------------------------------------------------------------

    Rule 24.20, as amended, also requires that an SPX Combo Order for 
twelve (12) legs or less be entered on a single order ticket at time of 
systemization. An SPX Combo Order that contains more than twelve (12) 
legs may be represented and executed as a single SPX Combo Order in 
accordance with Rule 24.20 if it is split across multiple order tickets 
and the TPH representing the SPX Combo Order includes twelve (12) legs 
on one of the order tickets and identifies for the Exchange the order 
tickets that are part of the same SPX Combo Order (in a manner and form 
prescribed by the Exchange).
    As noted above, SR-CBOE-2015-011 specifically provided that if an 
open outcry complex order or an SPX Combo Order with more than twelve 
legs is split across multiple order tickets, one of the order tickets 
must contain twelve legs. For example, a thirteen leg order could not 
have seven legs on one ticket and six legs on another ticket; rather, 
one ticket must have twelve legs and the other ticket must have one 
leg. However, prior to the Commission's approval of SR-CBOE-2015-011, 
the Exchange held an informational session for Floor Broker Trading 
Permit Holders regarding the requirement to use a single order ticket 
to enter complex orders and SPX Combo Orders of twelve legs or 
fewer.\7\ At the informational session, Floor Broker TPHs indicated 
that for a 13 leg order in SPX (where the rule requires 12 legs to be 
on 1 order ticket and the 13th leg to be on a

[[Page 30516]]

separate order ticket), the 13th leg would not be able to execute in 
complex order increments (pennies) because CBOE's Hybrid System (the 
``System'') would block the trade.\8\ In effect, the System would treat 
the 13th leg as a simple order that is ineligible to execute in penny 
increments.\9\
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    \7\ See CBOE Information Circular IC15-012 (February 24, 2015).
    \8\ For certain options, SPX options included, single leg orders 
may not be executed in $0.01 increments, but individual legs of 
complex orders may be executed in $0.01 increments. See Rule 6.42.
    \9\ The Exchange notes that the System would treat any 
standalone leg of a complex order in the same manner.
---------------------------------------------------------------------------

    Additionally, for complex orders with over twelve legs and an equal 
number of put legs versus call legs, Floor Broker TPHs expressed the 
desire to place the put legs on one order ticket and the call legs on a 
separate order ticket. The Floor Broker TPHs indicated that splitting 
an order across multiple order tickets in this manner is a more 
efficient and simpler way to price the entire complex order.
Proposal
    In an effort to address the above concerns and maintain an 
effective audit trail, the Exchange is seeking to amend Rules 6.53.02 
and 24.20.1 by removing the requirement that for orders with over 12 
legs TPHs must include 12 legs on one of the order tickets. As 
proposed, Rule 6.53.02 will provide:
     Complex orders of twelve (12) legs or less (one leg of 
which may be for an underlying security or security future, as 
applicable) must be entered on a single order ticket at time of 
systemization. If permitted by the Exchange (which the Exchange will 
announce by Regulatory Circular), complex orders of more than twelve 
(12) legs (one leg of which may be for an underlying security or 
security future, as applicable) may be split across multiple order 
tickets if the Trading Permit Holder representing the complex order 
uses the fewest order tickets necessary to systematize the order and 
identifies for the Exchange the order tickets that are part of the same 
complex order (in a form and manner prescribed by the Exchange).

Proposed Rule 24.20.01 will similarly provide:

    An SPX Combo Order for twelve (12) legs or less must be entered on 
a single order ticket at time of systemization. If permitted by the 
Exchange (which the Exchange will announce by Regulatory Circular), an 
SPX Combo Order for more than twelve (12) legs may be represented or 
executed as a single SPX Combo Order in accordance with this Rule 24.20 
if it is split across multiple order tickets and the Trading Permit 
Holder representing the SPX Combo Order uses the fewest order tickets 
necessary to systematize the order and identifies for the Exchange the 
order tickets that are part of the same SPX Combo Order (in a manner 
and form prescribed by the Exchange).

As noted in the rule text, the Exchange will announce via Regulatory 
Circular whether an open outcry complex order or SPX Combo Order may 
have more than 12 legs.\10\ In addition, for orders with more than 12 
legs, the Exchange will not prescribe the number of legs that must be 
on each order ticket, except that TPHs must use the fewest number of 
tickets necessary to systematize the order.\11\ This will allow TPHs to 
split orders with more than 12 legs across multiple order tickets in 
any manner they choose, provided they use the fewest number of order 
tickets. For example, a 13 legged order could be split across two order 
tickets with 6 legs on one order ticket and 7 legs on another ticket 
but the order could not be split across three order tickets because the 
fewest number of order tickets required for an order with 13 to 24 legs 
is two.\12\ The only restriction, as provided in the rule text, is that 
for orders greater than 12 legs TPHs must use the fewest number of 
order tickets necessary to systematize the order. Without the proposed 
restriction there would be no limit on the number of order tickets a 
TPH could use to systematize an order, which could burden the manual 
process by which the CBOE Regulatory Division reviews these large 
orders. For example, without the restriction, an order with 13 legs 
could potentially be split across 13 different order tickets, which 
would require the Regulatory Division to manually review 13 different 
order tickets.
---------------------------------------------------------------------------

    \10\ As noted in SR-CBOE-2015-011, current Exchange system 
limitations prevent a multi-part order with more than 12 legs from 
being entered on a single order ticket for representation and 
execution in open outcry as a complex order or SPX Combo Order.
    \11\ The Exchange notes that the requirement to use the fewest 
order tickets necessary to systematize an order is not meant to 
allow the Exchange the flexibility to increase the number of legs 
that must be on a single order ticket; rather, the Exchange will 
submit a rule filing to amend Rules 6.53.02 and 24.20.01 if the 
Exchange seeks to modify the number of legs required to be on a 
single order ticket.
    \12\ The fewest number of order tickets necessary to systematize 
an order is based on the current Exchange system limitation, which 
caps the number of legs that can be on a single order ticket at 12 
legs. Thus, orders with 12-24 legs would be required to be on no 
more than two order tickets, orders with 25-36 legs would be 
required to be on no more than three order tickets, and so forth. As 
previously noted, the Exchange will submit a rule filing to amend 
Rules 6.53.02 and 24.20.01 if the Exchange seeks to modify the 
number of legs required to be on a single order ticket.

    The Exchange will announce the implementation date of the proposed 
rule change, as well as the specific order ticket requirements to be 
set by the Exchange in accordance with this proposed rule, in a 
Regulatory Circular to be published within 90 days of the effective 
date of this filing. The implementation date of this filing will be 
within 180 days of the effective date of this filing.
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.\13\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \14\ 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

[[Page 30517]]

proposed rule change is consistent with the Section 6(b)(5) \15\ 
requirement that the rules of an exchange not be designed to permit 
unfair discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes the proposed rule change will 
allow the Exchange to maintain an enhanced audit trail with respect to 
open outcry complex order processing and SPX Combo Orders, which helps 
to protect investors and the public interest because an enhanced audit 
trail promotes transparency and aids in surveillance, as well as, 
provides the Exchange the ability to better enforce compliance by the 
Exchange's TPHs (and persons associated with its TPHs) with the Act, 
the rules and regulations thereunder and the rules of the Exchange, 
thereby protecting investors. Additionally, the Exchange believes 
allowing TPHs to split orders across multiple order tickets as proposed 
would allow TPHs to more quickly and efficiently systematize and 
execute open outcry complex orders and SPX Combo Orders, which helps to 
remove impediments to and perfect the mechanism of a free and open 
market. Finally, the proposal to require TPHs to use the fewest number 
of order tickets to systematize an order will prevent TPHs from 
utilizing five order tickets, for example, when two would suffice, 
which aids in surveillance and provides the Exchange the ability to 
better enforce compliance by TPHs.

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. The Exchange does not believe 
that the proposed rule change will impose any burden on intramarket or 
intermarket competition because the order ticket requirements will be 
applicable to all TPHs executing complex orders in open outcry and SPX 
Combo Orders.

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 
proposal.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the foregoing proposed rule change does not:
    A. Significantly affect the protection of investors or the public 
interest;
    B. impose any significant burden on competition; and
    C. 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 \16\ and 
Rule 19b-4(f)(6) \17\ thereunder. 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 will institute proceedings to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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-CBOE-2015-048 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-2015-048. 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 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; 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-2015-048 and should be 
submitted on or before June 12, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-12832 Filed 5-27-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                    30514                         Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Notices

                                                    direct orders to the Exchange rather                    III. Date of Effectiveness of the                       Commission and any person, other than
                                                    than competing venues.                                  Proposed Rule Change and Timing for                     those that may be withheld from the
                                                                                                            Commission Action                                       public in accordance with the
                                                    B. Self-Regulatory Organization’s                                                                               provisions of 5 U.S.C. 552, will be
                                                    Statement on Burden on Competition                         Pursuant to Section 19(b)(3)(A)(ii) of
                                                                                                            the Act,17 the Exchange has designated                  available for Web site viewing and
                                                       The proposed rule change does not                    this proposal as establishing or changing               printing in the Commission’s Public
                                                    impose any burden on competition that                   a due, fee, or other charge imposed by                  Reference Room, 100 F Street NE.,
                                                    is not necessary or appropriate in                      the self-regulatory organization on any                 Washington, DC 20549, on official
                                                                                                            person, whether or not the person is a                  business days between the hours of
                                                    furtherance of the purposes of the Act.
                                                                                                            member of the self-regulatory                           10:00 a.m. and 3:00 p.m. Copies of the
                                                    To the contrary, BX has designed its fees
                                                                                                            organization, which renders the                         filing also will be available for
                                                    and rebates to compete effectively for
                                                                                                            proposed rule change effective upon                     inspection and copying at the principal
                                                    the execution and routing of Penny Pilot
                                                                                                            filing.                                                 office of the Exchange. All comments
                                                    Options contracts on the Exchange.                                                                              received will be posted without change;
                                                                                                               At any time within 60 days of the
                                                       The Exchange believes that the                                                                               the Commission does not edit personal
                                                                                                            filing of the proposed rule change, the
                                                    proposed amended fees and rebates will                                                                          identifying information from
                                                                                                            Commission summarily may
                                                    attract market participants and BX                                                                              submissions. You should submit only
                                                                                                            temporarily suspend such rule change if
                                                    Options Market Makers to engage in                      it appears to the Commission that such                  information that you wish to make
                                                    market making activities at the                         action is necessary or appropriate in the               available publicly. All submissions
                                                    Exchange, which results in tighter                      public interest, for the protection of                  should refer to File Number SR–BX–
                                                    markets and order interaction and                       investors, or otherwise in furtherance of               2015–029 and should be submitted on
                                                    benefits all market participants.                       the purposes of the Act. If the                         or before June 18, 2015.
                                                    Moreover, BX Options Market Makers                      Commission takes such action, the                         For the Commission, by the Division of
                                                    have obligations to the market and                      Commission shall institute proceedings                  Trading and Markets, pursuant to delegated
                                                    regulatory requirements, which                          to determine whether the proposed rule                  authority.18
                                                    normally do not apply to other market                   should be approved or disapproved.                      Robert W. Errett,
                                                    participants.16 While BX Options                                                                                Deputy Secretary.
                                                    Market Makers will continue to pay a                    IV. Solicitation of Comments
                                                                                                                                                                    [FR Doc. 2015–12830 Filed 5–27–15; 8:45 am]
                                                    Fee to Add Liquidity in all Penny Pilot                   Interested persons are invited to                     BILLING CODE 8011–01–P
                                                    Options that will not be higher than for                submit written data, views, and
                                                    Customers, Customers will pay a fee                     arguments concerning the foregoing,
                                                    which is lower than that assessed to                    including whether the proposed rule                     SECURITIES AND EXCHANGE
                                                    Non-Customers. The Exchange believes                    change is consistent with the Act.                      COMMISSION
                                                    that this does not present an undue                     Comments may be submitted by any of
                                                    burden on competition because the                       the following methods:                                  [Release No. 34–75026; File No. SR–CBOE–
                                                                                                                                                                    2015–048]
                                                    pricing seeks to reward liquidity                       Electronic Comments
                                                    providers, which in turn benefits all                                                                           Self-Regulatory Organizations;
                                                    market participants.                                      • Use the Commission’s Internet
                                                                                                            comment form (http://www.sec.gov/                       Chicago Board Options Exchange,
                                                       The Exchange believes the proposals                  rules/sro.shtml); or                                    Incorporated; Notice of Filing of a
                                                    discussed herein do not pose an undue                     • Send an email to rule-comments@                     Proposed Rule Change To Amend
                                                    burden on intermarket competition. The                  sec.gov. Please include File Number SR–                 Exchange Rules Related to Order
                                                    Exchange operates in a highly                           BX–2015–029 on the subject line.                        Tickets
                                                    competitive market comprised of twelve
                                                                                                            Paper Comments                                          May 21, 2015.
                                                    U.S. options exchanges in which
                                                                                                                                                                       Pursuant to Section 19(b)(1) of the
                                                    sophisticated and knowledgeable                           • Send paper comments in triplicate                   Securities Exchange Act of 1934 (the
                                                    market participants can and do send                     to Secretary, Securities and Exchange
                                                    order flow to competing exchanges if                                                                            ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                            Commission, 100 F Street NE.,                           notice is hereby given that on May 11,
                                                    they deem fee levels at a particular                    Washington, DC 20549–1090.                              2015, Chicago Board Options Exchange,
                                                    exchange to be excessive. The Exchange                  All submissions should refer to File                    Incorporated (the ‘‘Exchange’’ or
                                                    believes that the proposed fee and                      Number SR–BX–2015–029. This file                        ‘‘CBOE’’) filed with the Securities and
                                                    rebate scheme discussed herein is                       number should be included on the                        Exchange Commission (the
                                                    competitive. The Exchange believes that                 subject line if email is used. To help the              ‘‘Commission’’) the proposed rule
                                                    this competitive marketplace materially                 Commission process and review your                      change as described in Items I, II, and
                                                    impacts the fees and rebates present on                 comments more efficiently, please use                   III below, which Items have been
                                                    the Exchange today and substantially                    only one method. The Commission will                    prepared by the Exchange. The
                                                    influences the proposal set forth above.                post all comments on the Commission’s                   Exchange filed the proposal as a ‘‘non-
                                                    C. Self-Regulatory Organization’s                       Internet Web site (http://www.sec.gov/                  controversial’’ proposed rule change
                                                    Statement on Comments on the                            rules/sro.shtml). Copies of the                         pursuant to Section 19(b)(3)(A) of the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Proposed Rule Change Received From                      submission, all subsequent                              Act 3 and Rule 19b–4(f)(6) thereunder.4
                                                                                                            amendments, all written statements                      The Commission is publishing this
                                                    Members, Participants, or Others
                                                                                                            with respect to the proposed rule                       notice to solicit comments on the
                                                      No written comments were either                       change that are filed with the
                                                    solicited or received.                                  Commission, and all written                               18 17 CFR 200.30–3(a)(12).
                                                                                                            communications relating to the                            1 15 U.S.C. 78s(b)(1).
                                                      16 In registering as a BX Options Market Maker,       proposed rule change between the                          2 17 CFR 240.19b–4.
                                                                                                                                                                      3 15 U.S.C. 78s(b)(3)(A).
                                                    an Options Participant commits himself to various
                                                    obligations. See Chapter VII, Sections 5 and 6.          17 15   U.S.C. 78s(b)(3)(A)(ii).                         4 17 CFR 240.19b–4(f)(6).




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                                                                                    Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Notices                                                    30515

                                                    proposed rule change from interested                    the SPX Combo Order [includes twelve                      complex orders of twelve (12) legs or
                                                    persons.                                                (12) legs on one of the order tickets]                    less (one leg of which may be for an
                                                                                                            uses the fewest order tickets necessary                   underlying security or security future,
                                                    I. Self-Regulatory Organization’s
                                                                                                            to systematize the order and identifies                   as applicable) to be entered on a single
                                                    Statement of the Terms of Substance of
                                                                                                            for the Exchange the order tickets that                   order ticket at time of systemization.
                                                    the Proposed Rule Change
                                                                                                            are part of the same SPX Combo Order                      Rule 6.53, as amended, also states that
                                                      The Exchange seeks to amend its rules                 (in a manner and form prescribed by the                   if permitted by the Exchange (which the
                                                    related to order tickets. The text of the               Exchange).                                                Exchange will announce by Regulatory
                                                    proposed rule change is provided                        *      *     *    *    *                                  Circular), complex orders of more than
                                                    below.                                                     The text of the proposed rule change                   twelve (12) legs (one leg of which may
                                                    (additions are italicized; deletions are                is also available on the Exchange’s Web                   be for an underlying security or security
                                                      [bracketed])                                          site (http://www.cboe.com/AboutCBOE/                      future, as applicable) may be split across
                                                    *     *     *     *     *                               CBOELegalRegulatoryHome.aspx), at                         multiple order tickets, if the Trading
                                                                                                            the Exchange’s Office of the Secretary,                   Permit Holder (‘‘TPH’’) representing the
                                                    Chicago Board Options Exchange,                         and at the Commission’s Public
                                                    Incorporated Rules                                                                                                complex order includes twelve (12) legs
                                                                                                            Reference Room.                                           on one of the order tickets and identifies
                                                    *      *     *       *      *                                                                                     for the Exchange the order tickets that
                                                                                                            II. Self-Regulatory Organization’s
                                                    Rule 6.53. Certain Types of Orders                      Statement of the Purpose of, and                          are part of the same complex order (in
                                                    Defined                                                 Statutory Basis for, the Proposed Rule                    a form and manner prescribed by the
                                                                                                            Change                                                    Exchange).
                                                    *      *     *       *      *
                                                                                                              In its filing with the Commission, the                     Rule 24.20, as amended, also requires
                                                    . . . Interpretations and Policies:                                                                               that an SPX Combo Order for twelve
                                                                                                            Exchange included statements
                                                      .01 No change.                                        concerning the purpose of and basis for                   (12) legs or less be entered on a single
                                                      .02 Complex orders of twelve (12) legs                the proposed rule change and discussed                    order ticket at time of systemization. An
                                                    or less (one leg of which may be for an                 any comments it received on the                           SPX Combo Order that contains more
                                                    underlying security or security future,                 proposed rule change. The text of these                   than twelve (12) legs may be
                                                    as applicable) must be entered on a                     statements may be examined at the                         represented and executed as a single
                                                    single order ticket at time of                          places specified in Item IV below. The                    SPX Combo Order in accordance with
                                                    systemization. If permitted by the                      Exchange has prepared summaries, set                      Rule 24.20 if it is split across multiple
                                                    Exchange (which the Exchange will                       forth in sections A, B, and C below, of                   order tickets and the TPH representing
                                                    announce by Regulatory Circular),                       the most significant aspects of such                      the SPX Combo Order includes twelve
                                                    complex orders of more than twelve (12)                 statements.                                               (12) legs on one of the order tickets and
                                                    legs (one leg of which may be for an                                                                              identifies for the Exchange the order
                                                    underlying security or security future,                 A. Self-Regulatory Organization’s
                                                                                                            Statement of the Purpose of, and                          tickets that are part of the same SPX
                                                    as applicable) may be split across                                                                                Combo Order (in a manner and form
                                                    multiple order tickets if the Trading                   Statutory Basis for, the Proposed Rule
                                                                                                            Change                                                    prescribed by the Exchange).
                                                    Permit Holder representing the complex
                                                    order [includes twelve (12) legs on one                 1. Purpose                                                   As noted above, SR–CBOE–2015–011
                                                    of the order tickets] uses the fewest                                                                             specifically provided that if an open
                                                                                                              The Exchange proposes to amend the                      outcry complex order or an SPX Combo
                                                    order tickets necessary to systematize
                                                                                                            order ticket requirements applicable to                   Order with more than twelve legs is
                                                    the order and identifies for the
                                                                                                            complex orders in open outcry pursuant                    split across multiple order tickets, one
                                                    Exchange the order tickets that are part                to Rule 6.53, as well as SPX Combo
                                                    of the same complex order (in a form                                                                              of the order tickets must contain twelve
                                                                                                            Orders 5 pursuant to Rule 24.20.
                                                    and manner prescribed by the                                                                                      legs. For example, a thirteen leg order
                                                    Exchange).                                              Background                                                could not have seven legs on one ticket
                                                    *     *     *     *     *                                  On February 26, 2015, rule change                      and six legs on another ticket; rather,
                                                                                                            filing SR–CBOE–2015–011 was                               one ticket must have twelve legs and the
                                                    Rule 24.20. SPX Combo Orders                                                                                      other ticket must have one leg.
                                                                                                            approved by the Securities and
                                                    *      *     *       *      *                           Exchange Commission (the                                  However, prior to the Commission’s
                                                                                                            ‘‘Commission’’).6 As amended by SR–                       approval of SR–CBOE–2015–011, the
                                                    . . . Interpretations and Policies:                                                                               Exchange held an informational session
                                                                                                            CBOE–2015–011, Rule 6.53 requires
                                                      .01 An SPX Combo Order for twelve                                                                               for Floor Broker Trading Permit Holders
                                                    (12) legs or less must be entered on a                     5 An ‘‘SPX Combo Order’’ consists of an order to       regarding the requirement to use a
                                                    single order ticket at time of                          purchase or sell one or more SPX option series and        single order ticket to enter complex
                                                    systemization. If permitted by the                      the offsetting number of SPX combinations defined         orders and SPX Combo Orders of twelve
                                                                                                            by the delta, where an ‘‘SPX combination’’ is a
                                                    Exchange (which the Exchange will                       purchase (sale) of an SPX call and sale (purchase)        legs or fewer.7 At the informational
                                                    announce by Regulatory Circular), an                    of an SPX put having the same expiration date and         session, Floor Broker TPHs indicated
                                                    SPX Combo Order for more than twelve                    strike price and a ‘‘delta’’ is the positive (negative)   that for a 13 leg order in SPX (where the
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                                                    (12) legs may be represented or executed                number of SPX combinations that must be sold              rule requires 12 legs to be on 1 order
                                                                                                            (bought) to establish a market neutral hedge with
                                                    as a single SPX Combo Order in                                                                                    ticket and the 13th leg to be on a
                                                                                                            one or more SPX option series.
                                                    accordance with this Rule 24.20 if it is                   6 Securities Exchange Act Release No. 34–74389
                                                    split across multiple order tickets and                 (February 26, 2015), 80 FR 11717 (March 4, 2015)
                                                                                                                                                                        7 See CBOE Information Circular IC15–012

                                                    the Trading Permit Holder representing                  (‘‘Order’’).                                              (February 24, 2015).




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                                                    30516                         Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Notices

                                                    separate order ticket), the 13th leg                       An SPX Combo Order for twelve (12)                      provided in the rule text, is that for
                                                    would not be able to execute in complex                 legs or less must be entered on a single                   orders greater than 12 legs TPHs must
                                                    order increments (pennies) because                      order ticket at time of systemization. If                  use the fewest number of order tickets
                                                    CBOE’s Hybrid System (the ‘‘System’’)                   permitted by the Exchange (which the                       necessary to systematize the order.
                                                    would block the trade.8 In effect, the                  Exchange will announce by Regulatory                       Without the proposed restriction there
                                                    System would treat the 13th leg as a                    Circular), an SPX Combo Order for more                     would be no limit on the number of
                                                    simple order that is ineligible to execute              than twelve (12) legs may be                               order tickets a TPH could use to
                                                    in penny increments.9                                   represented or executed as a single SPX                    systematize an order, which could
                                                      Additionally, for complex orders with                 Combo Order in accordance with this                        burden the manual process by which
                                                    over twelve legs and an equal number                    Rule 24.20 if it is split across multiple                  the CBOE Regulatory Division reviews
                                                    of put legs versus call legs, Floor Broker              order tickets and the Trading Permit                       these large orders. For example, without
                                                    TPHs expressed the desire to place the                  Holder representing the SPX Combo                          the restriction, an order with 13 legs
                                                    put legs on one order ticket and the call               Order uses the fewest order tickets                        could potentially be split across 13
                                                    legs on a separate order ticket. The Floor              necessary to systematize the order and                     different order tickets, which would
                                                    Broker TPHs indicated that splitting an                 identifies for the Exchange the order                      require the Regulatory Division to
                                                    order across multiple order tickets in                  tickets that are part of the same SPX                      manually review 13 different order
                                                    this manner is a more efficient and                     Combo Order (in a manner and form                          tickets.
                                                    simpler way to price the entire complex                 prescribed by the Exchange).
                                                                                                                                                                          The Exchange will announce the
                                                    order.                                                  As noted in the rule text, the Exchange                    implementation date of the proposed
                                                                                                            will announce via Regulatory Circular                      rule change, as well as the specific order
                                                    Proposal                                                whether an open outcry complex order                       ticket requirements to be set by the
                                                       In an effort to address the above                    or SPX Combo Order may have more                           Exchange in accordance with this
                                                    concerns and maintain an effective                      than 12 legs.10 In addition, for orders                    proposed rule, in a Regulatory Circular
                                                    audit trail, the Exchange is seeking to                 with more than 12 legs, the Exchange                       to be published within 90 days of the
                                                    amend Rules 6.53.02 and 24.20.1 by                      will not prescribe the number of legs                      effective date of this filing. The
                                                    removing the requirement that for                       that must be on each order ticket, except                  implementation date of this filing will
                                                    orders with over 12 legs TPHs must                      that TPHs must use the fewest number                       be within 180 days of the effective date
                                                    include 12 legs on one of the order                     of tickets necessary to systematize the                    of this filing.
                                                    tickets. As proposed, Rule 6.53.02 will                 order.11 This will allow TPHs to split
                                                    provide:                                                orders with more than 12 legs across                       2. Statutory Basis
                                                                                                            multiple order tickets in any manner
                                                       • Complex orders of twelve (12) legs                                                                               The Exchange believes the proposed
                                                                                                            they choose, provided they use the                         rule change is consistent with the
                                                    or less (one leg of which may be for an
                                                                                                            fewest number of order tickets. For                        Securities Exchange Act of 1934 (the
                                                    underlying security or security future,
                                                                                                            example, a 13 legged order could be                        ‘‘Act’’) and the rules and regulations
                                                    as applicable) must be entered on a
                                                                                                            split across two order tickets with 6 legs
                                                    single order ticket at time of                                                                                     thereunder applicable to the Exchange
                                                                                                            on one order ticket and 7 legs on
                                                    systemization. If permitted by the                                                                                 and, in particular, the requirements of
                                                                                                            another ticket but the order could not be
                                                    Exchange (which the Exchange will                                                                                  Section 6(b) of the Act.13 Specifically,
                                                                                                            split across three order tickets because
                                                    announce by Regulatory Circular),                                                                                  the Exchange believes the proposed rule
                                                                                                            the fewest number of order tickets
                                                    complex orders of more than twelve (12)                                                                            change is consistent with the Section
                                                                                                            required for an order with 13 to 24 legs
                                                    legs (one leg of which may be for an                                                                               6(b)(5) 14 requirements that the rules of
                                                                                                            is two.12 The only restriction, as
                                                    underlying security or security future,                                                                            an exchange be designed to prevent
                                                    as applicable) may be split across                         10 As noted in SR–CBOE–2015–011, current                fraudulent and manipulative acts and
                                                    multiple order tickets if the Trading                   Exchange system limitations prevent a multi-part           practices, to promote just and equitable
                                                    Permit Holder representing the complex                  order with more than 12 legs from being entered on         principles of trade, to foster cooperation
                                                    order uses the fewest order tickets                     a single order ticket for representation and               and coordination with persons engaged
                                                                                                            execution in open outcry as a complex order or SPX
                                                    necessary to systematize the order and                  Combo Order.
                                                                                                                                                                       in regulating, clearing, settling,
                                                    identifies for the Exchange the order                      11 The Exchange notes that the requirement to use       processing information with respect to,
                                                    tickets that are part of the same complex               the fewest order tickets necessary to systematize an       and facilitating transactions in
                                                    order (in a form and manner prescribed                  order is not meant to allow the Exchange the               securities, to remove impediments to
                                                                                                            flexibility to increase the number of legs that must       and perfect the mechanism of a free and
                                                    by the Exchange).
                                                                                                            be on a single order ticket; rather, the Exchange will
                                                                                                                                                                       open market and a national market
                                                    Proposed Rule 24.20.01 will similarly                   submit a rule filing to amend Rules 6.53.02 and
                                                                                                            24.20.01 if the Exchange seeks to modify the               system, and, in general, to protect
                                                    provide:
                                                                                                            number of legs required to be on a single order            investors and the public interest.
                                                                                                            ticket.                                                    Additionally, the Exchange believes the
                                                      8 For certain options, SPX options included,             12 The fewest number of order tickets necessary
                                                    single leg orders may not be executed in $0.01          to systematize an order is based on the current
                                                    increments, but individual legs of complex orders       Exchange system limitation, which caps the number          noted, the Exchange will submit a rule filing to
                                                    may be executed in $0.01 increments. See Rule           of legs that can be on a single order ticket at 12 legs.   amend Rules 6.53.02 and 24.20.01 if the Exchange
                                                    6.42.                                                   Thus, orders with 12–24 legs would be required to          seeks to modify the number of legs required to be
                                                                                                                                                                       on a single order ticket.
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                                                      9 The Exchange notes that the System would treat      be on no more than two order tickets, orders with
                                                                                                                                                                         13 15 U.S.C. 78f(b).
                                                    any standalone leg of a complex order in the same       25–36 legs would be required to be on no more than
                                                    manner.                                                 three order tickets, and so forth. As previously             14 15 U.S.C. 78f(b)(5).




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                                                                                  Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Notices                                                   30517

                                                    proposed rule change is consistent with                    A. Significantly affect the protection              public in accordance with the
                                                    the Section 6(b)(5) 15 requirement that                 of investors or the public interest;                   provisions of 5 U.S.C. 552, will be
                                                    the rules of an exchange not be designed                   B. impose any significant burden on                 available for Web site viewing and
                                                    to permit unfair discrimination between                 competition; and                                       printing in the Commission’s Public
                                                    customers, issuers, brokers, or dealers.                   C. become operative for 30 days from                Reference Room, 100 F Street NE.,
                                                       In particular, the Exchange believes                 the date on which it was filed, or such                Washington, DC 20549 on official
                                                    the proposed rule change will allow the                 shorter time as the Commission may                     business days between the hours of
                                                    Exchange to maintain an enhanced                        designate, it has become effective                     10:00 a.m. and 3:00 p.m. Copies of the
                                                    audit trail with respect to open outcry                 pursuant to Section 19(b)(3)(A) of the                 filing also will be available for
                                                    complex order processing and SPX                        Act 16 and Rule 19b–4(f)(6) 17                         inspection and copying at the principal
                                                    Combo Orders, which helps to protect                    thereunder. At any time within 60 days                 office of the Exchange. All comments
                                                    investors and the public interest                       of the filing of the proposed rule change,             received will be posted without change;
                                                    because an enhanced audit trail                         the Commission summarily may                           the Commission does not edit personal
                                                    promotes transparency and aids in                       temporarily suspend such rule change if                identifying information from
                                                    surveillance, as well as, provides the                  it appears to the Commission that such                 submissions. You should submit only
                                                    Exchange the ability to better enforce                  action is necessary or appropriate in the              information that you wish to make
                                                    compliance by the Exchange’s TPHs                       public interest, for the protection of                 available publicly. All submissions
                                                    (and persons associated with its TPHs)                  investors, or otherwise in furtherance of              should refer to File Number SR–CBOE–
                                                    with the Act, the rules and regulations                 the purposes of the Act. If the                        2015–048 and should be submitted on
                                                    thereunder and the rules of the                         Commission takes such action, the                      or before June 12, 2015.
                                                    Exchange, thereby protecting investors.                 Commission will institute proceedings                    For the Commission, by the Division of
                                                    Additionally, the Exchange believes                     to determine whether the proposed rule                 Trading and Markets, pursuant to delegated
                                                    allowing TPHs to split orders across                    change should be approved or                           authority.18
                                                    multiple order tickets as proposed                      disapproved.                                           Robert W. Errett,
                                                    would allow TPHs to more quickly and                    IV. Solicitation of Comments                           Deputy Secretary.
                                                    efficiently systematize and execute open                                                                       [FR Doc. 2015–12832 Filed 5–27–15; 8:45 am]
                                                    outcry complex orders and SPX Combo                       Interested persons are invited to
                                                                                                                                                                   BILLING CODE 8011–01–P
                                                    Orders, which helps to remove                           submit written data, views, and
                                                    impediments to and perfect the                          arguments concerning the foregoing,
                                                    mechanism of a free and open market.                    including whether the proposed rule                    SECURITIES AND EXCHANGE
                                                    Finally, the proposal to require TPHs to                change is consistent with the Act.                     COMMISSION
                                                    use the fewest number of order tickets                  Comments may be submitted by any of
                                                                                                            the following methods:                                 [Release No. 34–75022; File No. SR–CBOE–
                                                    to systematize an order will prevent                                                                           2015–049]
                                                    TPHs from utilizing five order tickets,                 Electronic Comments
                                                    for example, when two would suffice,                      • Use the Commission’s Internet                      Self-Regulatory Organizations;
                                                    which aids in surveillance and provides                 comment form (http://www.sec.gov/                      Chicago Board Options Exchange,
                                                    the Exchange the ability to better                      rules/sro.shtml); or                                   Incorporated; Notice of Filing and
                                                    enforce compliance by TPHs.                               • Send an email to rule-comments@                    Immediate Effectiveness of Proposed
                                                                                                            sec.gov. Please include File Number SR–                Rule Change To Amend the Fees
                                                    B. Self-Regulatory Organization’s
                                                                                                            CBOE–2015–048 on the subject line.                     Schedule
                                                    Statement on Burden on Competition
                                                                                                            Paper Comments                                         May 21, 2015.
                                                      CBOE does not believe that the
                                                                                                                                                                      Pursuant to Section 19(b)(1) of the
                                                    proposed rule change will impose any                      • Send paper comments in triplicate                  Securities Exchange Act of 1934
                                                    burden on competition that is not                       to Secretary, Securities and Exchange
                                                    necessary or appropriate in furtherance                                                                        (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                            Commission, 100 F Street NE.,                          notice is hereby given that, on May 11,
                                                    of the purposes of the Act. The                         Washington, DC 20549–1090.
                                                    Exchange does not believe that the                                                                             2015, Chicago Board Options Exchange,
                                                                                                            All submissions should refer to File                   Incorporated (the ‘‘Exchange’’ or
                                                    proposed rule change will impose any                    Number SR–CBOE–2015–048. This file
                                                    burden on intramarket or intermarket                                                                           ‘‘CBOE’’) filed with the Securities and
                                                                                                            number should be included on the                       Exchange Commission (‘‘Commission’’)
                                                    competition because the order ticket                    subject line if email is used. To help the
                                                    requirements will be applicable to all                                                                         the proposed rule change as described
                                                                                                            Commission process and review your                     in Items I, II, and III below, which Items
                                                    TPHs executing complex orders in open                   comments more efficiently, please use
                                                    outcry and SPX Combo Orders.                                                                                   have been prepared by the Exchange.
                                                                                                            only one method. The Commission will                   The Commission is publishing this
                                                    C. Self-Regulatory Organization’s                       post all comments on the Commission’s                  notice to solicit comments on the
                                                    Statement on Comments on the                            Internet Web site (http://www.sec.gov/                 proposed rule change from interested
                                                    Proposed Rule Change Received From                      rules/sro.shtml). Copies of the                        persons.
                                                    Members, Participants, or Others                        submission, all subsequent
                                                                                                            amendments, all written statements                     I. Self-Regulatory Organization’s
                                                      The Exchange neither solicited nor                    with respect to the proposed rule                      Statement of the Terms of Substance of
                                                    received comments on the proposal.                                                                             the Proposed Rule Change
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                                                                                                            change that are filed with the
                                                    III. Date of Effectiveness of the                       Commission, and all written                               The Exchange proposes to amend its
                                                    Proposed Rule Change and Timing for                     communications relating to the                         Fees Schedule. The text of the proposed
                                                    Commission Action                                       proposed rule change between the                       rule change is available on the
                                                                                                            Commission and any person, other than                  Exchange’s Web site (http://
                                                      Because the foregoing proposed rule                   those that may be withheld from the
                                                    change does not:                                                                                                 18 17 CFR 200.30–3(a)(12).
                                                                                                             16 15 U.S.C. 78s(b)(3)(A).                              1 15 U.S.C. 78s(b)(1).
                                                      15 Id.                                                 17 17 CFR 240.19b–4(f)(6).                              2 17 CFR 240.19b–4.




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Document Created: 2018-02-21 10:33:00
Document Modified: 2018-02-21 10:33:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 30514 

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