80_FR_33114 80 FR 33003 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Intermarket Order Routing

80 FR 33003 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Intermarket Order Routing

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 111 (June 10, 2015)

Page Range33003-33005
FR Document2015-14136

Federal Register, Volume 80 Issue 111 (Wednesday, June 10, 2015)
[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)]
[Notices]
[Pages 33003-33005]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14136]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75109; File No. SR-CBOE-2015-053]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change Relating to Intermarket Order Routing

June 4, 2015.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given 
that, on May 28, 2015, Chicago Board Options Exchange, Incorporated 
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (``SEC'' or ``Commission'') the proposed rule change as 
described in Items I, II, and III 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 6.14B regarding order routing 
to other exchanges to include certain references to provisions of Rule 
15c3-5 under the Act \3\ and make certain miscellaneous non-substantive 
changes to the existing text of Rule 6.20. The text of the proposed 
rule change is provided below. (additions are italicized; deletions are 
[bracketed])
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    \3\ See Securities Exchange Act Release No. 63241 (November 3, 
2010), 75 FR 69792 (November 15, 2010).
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* * * * *
Chicago Board Options Exchange, Incorporated Rules
* * * * *
Rule 6.14B. Order Routing to Other Exchanges
    The Exchange may automatically route intermarket sweep orders to 
other exchanges under certain circumstances, including pursuant to Rule 
6.14A

[[Page 33004]]

(``Routing Services''). In connection with such services, the following 
shall apply:
    (a)-(g) No change.
    (h) Each routing broker is required to establish, document, and 
maintain a system of risk management controls and supervisory 
procedures reasonably designed to manage the financial, regulatory and 
other risks of providing Trading Permit Holders and their customers 
access to other exchanges, pursuant to Rule 15c3-5 under the Exchange 
Act. Pursuant to the policies and procedures developed by the routing 
broker to comply with Rule 15c3-5, if an order or series of orders are 
deemed by the routing broker to violate the applicable pre-trade 
requirements of Rule 15c3-5, the routing broker will reject the 
order(s) prior to routing and may seek to cancel any orders that have 
been routed.
    . . . Interpretations and Policies:
    .01 No change.
* * * * *
Rule 6.20. Admission to and Conduct on the Trading Floor; Trading 
Permit Holder Education
    (a)-(e) No change.
    . . . Interpretations and Policies:
    .01 Only those Trading Permit Holders who have been approved to 
perform a floor function are authorized to enter into transactions on 
the floor. Such Trading Permit Holders include Floor Brokers who are 
registered pursuant to Rule 6.71[, Board Brokers who are registered 
pursuant to Rules 7.2 and 7.3] and Market-Makers registered pursuant to 
Rules 8.2 and 8.3. While on the floor such floor Trading Permit Holders 
shall at all times display a floor Trading Permit Holder's badge.
    .02-.10 No change.
* * * * *
    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

Market Access Rule

    The Commission adopted Rule 15c3-5 (also referred to herein as the 
``Market Access Rule'') to require broker-dealers providing others with 
access to an exchange or alternative trading system to establish, 
document and maintain a system of risk management controls and 
supervisory procedures reasonably designed to manage the financial, 
regulatory, and other risks of providing such access.\4\ Broker-dealers 
routing orders on behalf of exchanges or alternative trading systems 
for the purpose of accessing other trading centers in compliance with 
Rule 611 of Regulation NMS,\5\ or in compliance with a national market 
system plan for listed options, are not required to comply with Rule 
15c3-5 with regard to such routing services, except with regard to 
paragraph (c)(1)(ii). Paragraph (c)(1)(ii) provides in relevant part 
that the broker-dealer's risk management controls and supervisory 
procedures be reasonably designed to systematically limit the financial 
exposure of the broker or dealer that could arise as a result of market 
access, including being reasonably designed to prevent the entry of 
erroneous orders, by rejecting orders that exceed appropriate price or 
size parameters, on an order-by-order basis or over a short period of 
time, or that indicate duplicative orders.\6\
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    \4\ Id.
    \5\ 17 CFR 242.611.
    \6\ See 17 CFR 240.15c3-5(b) and (c)(1)(ii).
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Proposal To Modify Rules Related to Routing Brokers

    The Exchange proposes to amend Rule 6.14B to make explicit that 
broker-dealers routing Exchange orders to other markets must establish, 
document, and maintain a system of risk management controls and 
supervisory procedures reasonably designed to manage the financial, 
regulatory and other risks of providing Trading Permit Holders and 
their customers access to other options exchanges and stock trading 
centers (as applicable), pursuant to Rule 15c3-5 under the Act. The 
proposed rule change would also state that pursuant to the policies and 
procedures developed by the routing broker to comply with Rule 15c3-5, 
if an order or series of orders are deemed by the routing broker to 
violate the applicable pre-trade requirements of Rule 15c3-5, the 
routing broker will reject the order(s) prior to routing and may seek 
to cancel any orders that have been routed. To the extent that any 
Exchange-affiliated routing broker determines, based on its procedures, 
that an order should be rejected, the routing broker may also seek to 
cancel orders that have already been routed away.

Proposal To Modify Rule 6.20 To Make Miscellaneous, Non-Substantive 
Changes

    The Exchange is also proposing certain non-substantive amendments 
to Rule 6.20 pertaining to admissions to, and conduct on, the CBOE 
trading floor and Trading Permit Holder education. In particular, the 
Exchange is proposing in Rule 6.20.01 to eliminate reference to the 
term ``Board Brokers'' as these market participants no longer exist.
 2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Act and the rules and regulations thereunder applicable to the 
Exchange and, in particular, the requirements of section 6(b) of the 
Act.\7\ Specifically, the Exchange believes the proposed rule change is 
consistent with the section 6(b)(5) \8\ 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) \9\ requirement that the rules of 
an exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S. C. 78f(b).
    \8\ 15 U.S. C. 78f(b)(5).
    \9\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes that, by including specific 
references to the existing requirements of Rule 15c3-5 under the Act 
within the Exchange Rules, the Exchange is reiterating a routing 
broker's obligation under Rule 15c3-5. The Exchange also believes that 
the proposed rule change will benefit Trading Permit Holders because it 
provides clarity on the process

[[Page 33005]]

employed for away market routing consistent with the Market Access 
Rule. The Exchange believes that the changes to conform the text of 
Rule 6.14B (pertaining to options order routing to other exchanges will 
simplify the Rules and make it easier to administer having consistent 
provisions across both markets. Finally, the Exchange believes that the 
miscellaneous, non-substantive changes to Rule 6.20 will simplify and 
update the rules, and make them easier to read.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition 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 competition that is not necessary or appropriate in 
furtherance of the purposes of the Act because the proposed rule change 
is technical in nature in that is designed to reiterate existing 
requirements under the Market Access Rule, which will provide clarity 
on the process employed for away market routing and make the Market 
Access Rule easier to administer consistently across markets. The 
Exchange's other proposal to make other miscellaneous, non-substantive 
changes to Rule 6.20 will simplify and update the Rules, and make them 
easier to read. For these reasons, the Exchange does not believe that 
the proposed rule change will impose any burden on intermarket 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act. The Exchange also notes that another exchange, 
EDGA Exchange, Inc. (``EDGA''), has substantially similar provisions in 
its rules.\10\ To the extent that the proposed rule change may make 
CBOE a more attractive venue for market participants on other 
exchanges, such market participants may elect to become CBOE market 
participants.
---------------------------------------------------------------------------

    \10\ See EDGA Rule 11.11(i).
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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 written comments on the 
proposed rule change.

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

    Because the foregoing proposed rule change does not:
    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 \11\ and 
Rule 19b-4(f)(6) \12\ 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.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). 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.
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CBOE-2015-053 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-2015-053. 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-2015-053 and should be 
submitted on or before July 1, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-14136 Filed 6-9-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices                                                   33003

                                                    III. Date of Effectiveness of the                       Commission shall institute proceedings                   For the Commission, by the Division of
                                                    Proposed Rule Change and Timing for                     to determine whether the proposed rule                 Trading and Markets, pursuant to delegated
                                                    Commission Action                                       should be approved or disapproved.                     authority.20
                                                                                                                                                                   Robert W. Errett,
                                                       Because the proposed rule change                     IV. Solicitation of Comments                           Deputy Secretary.
                                                    does not (i) significantly affect the
                                                                                                                                                                   [FR Doc. 2015–14134 Filed 6–9–15; 8:45 am]
                                                    protection of investors or the public                     Interested persons are invited to
                                                    interest; (ii) impose any significant                                                                          BILLING CODE 8011–01–P
                                                                                                            submit written data, views, and
                                                    burden on competition; and (iii) become                 arguments concerning the foregoing,
                                                    operative for 30 days from the date on                  including whether the proposed rule
                                                    which it was filed, or such shorter time                                                                       SECURITIES AND EXCHANGE
                                                                                                            change is consistent with the Act.                     COMMISSION
                                                    as the Commission may designate, the                    Comments may be submitted by any of
                                                    proposed rule change has become                         the following methods:                                 [Release No. 34–75109; File No. SR–CBOE–
                                                    effective pursuant to section 19(b)(3)(A)                                                                      2015–053]
                                                    of the Act and Rule 19b–4(f)(6)                         Electronic Comments
                                                    thereunder.17                                                                                                  Self-Regulatory Organizations;
                                                       A proposed rule change filed                           • Use the Commission’s Internet                      Chicago Board Options Exchange,
                                                    pursuant to Rule 19b–4(f)(6) under the                  comment form (http://www.sec.gov/                      Incorporated; Notice of Filing and
                                                    Act normally does not become operative                  rules/sro.shtml); or                                   Immediate Effectiveness of a Proposed
                                                    for 30 days after the date of its filing.                 • Send an email to rule-comments@                    Rule Change Relating to Intermarket
                                                    However, Rule 19b–4(f)(6)(iii) permits                  sec.gov. Please include File Number SR–                Order Routing
                                                    the Commission to designate a shorter                   BATS–2015–40 on the subject line.                      June 4, 2015.
                                                    time if such action is consistent with the                                                                        Pursuant to section 19(b)(1) of the
                                                    protection of investors and the public                  Paper Comments
                                                                                                                                                                   Securities Exchange Act of 1934
                                                    interest. The Exchange has asked the
                                                    Commission to waive the 30-day                            • Send paper comments in triplicate                  (‘‘Act’’),1 and Rule 19b–4 2 thereunder,
                                                                                                            to Brent J. Fields, Secretary, Securities              notice is hereby given that, on May 28,
                                                    operative delay so that the proposal may                                                                       2015, Chicago Board Options Exchange,
                                                    become operative immediately upon                       and Exchange Commission, 100 F Street
                                                                                                            NE., Washington, DC 20549–1090.                        Incorporated (the ‘‘Exchange’’ or
                                                    filing. Waiver of the 30-day operative                                                                         ‘‘CBOE’’) filed with the Securities and
                                                    delay would permit the Exchange to                      All submissions should refer to File                   Exchange Commission (‘‘SEC’’ or
                                                    provide Members with an alternative                     Number SR–BATS–2015–40. This file                      ‘‘Commission’’) the proposed rule
                                                    means to access other market centers,                   number should be included on the                       change as described in Items I, II, and
                                                    particularly in the event of a market                   subject line if email is used. To help the             III below, which Items have been
                                                    disruption. In addition, the Exchange                   Commission process and review your                     prepared by the Exchange. The
                                                    represents that BATS Connect does not                   comments more efficiently, please use                  Commission is publishing this notice to
                                                    provide any advantage to subscribers for                only one method. The Commission will                   solicit comments on the proposed rule
                                                    connecting to the Exchange’s affiliates                 post all comments on the Commission’s                  change from interested persons.
                                                    as compared to other methods of
                                                                                                            Internet Web site (http://www.sec.gov/                 I. Self-Regulatory Organization’s
                                                    connectivity available to subscribers.18
                                                                                                            rules/sro.shtml). Copies of the                        Statement of the Terms of Substance of
                                                    Based on the foregoing, the Commission
                                                                                                            submission, all subsequent                             the Proposed Rule Change
                                                    believes the waiver of the operative
                                                                                                            amendments, all written statements
                                                    delay is consistent with the protection                                                                           The Exchange proposes to amend
                                                                                                            with respect to the proposed rule
                                                    of investors and the public interest.19                                                                        Rule 6.14B regarding order routing to
                                                    The Commission hereby grants the                        change that are filed with the
                                                                                                            Commission, and all written                            other exchanges to include certain
                                                    waiver and designates the proposal                                                                             references to provisions of Rule 15c3–5
                                                    operative upon filing.                                  communications relating to the
                                                                                                            proposed rule change between the                       under the Act 3 and make certain
                                                       At any time within 60 days of the                                                                           miscellaneous non-substantive changes
                                                    filing of the proposed rule change, the                 Commission and any person, other than
                                                                                                                                                                   to the existing text of Rule 6.20. The text
                                                    Commission summarily may                                those that may be withheld from the
                                                                                                                                                                   of the proposed rule change is provided
                                                    temporarily suspend such rule change if                 public in accordance with the
                                                                                                                                                                   below. (additions are italicized;
                                                    it appears to the Commission that such                  provisions of 5 U.S.C. 552, will be
                                                                                                                                                                   deletions are [bracketed])
                                                    action is necessary or appropriate in the               available for Web site viewing and
                                                                                                            printing in the Commission’s Public                    *     *     *     *     *
                                                    public interest, for the protection of
                                                    investors, or otherwise in furtherance of               Reference Room, 100 F Street NE.,                      Chicago Board Options Exchange,
                                                    the purposes of the Act. If the                         Washington, DC 20549, on official                      Incorporated Rules
                                                    Commission takes such action, the                       business days between the hours of                     *           *    *   *     *
                                                                                                            10:00 a.m. and 3:00 p.m. Copies of the
                                                      17 In addition, Rule 19b–4(f)(6)(iii) requires the    filing will also be available for                      Rule 6.14B. Order Routing to Other
                                                    Exchange to give the Commission written notice of       inspection and copying at the principal                Exchanges
                                                    the Exchange’s intent to file the proposed rule
                                                    change, along with a brief description and text of
                                                                                                            office of the Exchange. All comments                     The Exchange may automatically
                                                    the proposed rule change, at least five business days   received will be posted without change;                route intermarket sweep orders to other
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    prior to the date of filing of the proposed rule        the Commission does not edit personal                  exchanges under certain circumstances,
                                                    change, or such shorter time as designated by the       identifying information from
                                                    Commission. The Exchange has satisfied this
                                                                                                                                                                   including pursuant to Rule 6.14A
                                                    requirement.                                            submissions. You should submit only
                                                       18 See supra note 8.                                 information that you wish to make                          20 17
                                                                                                                                                                           CFR 200.30–3(a)(12).
                                                       19 For purposes only of waiving the 30-day           available publicly. All submissions                        1 15
                                                                                                                                                                          U.S.C. 78s(b)(1).
                                                                                                                                                                     2 17 CFR 240.19b–4.
                                                    operative delay, the Commission has also                should refer to File Number SR–BATS–
                                                    considered the proposed rule’s impact on                                                                         3 See Securities Exchange Act Release No. 63241

                                                    efficiency, competition, and capital formation. See
                                                                                                            2015–40 and should be submitted on or                  (November 3, 2010), 75 FR 69792 (November 15,
                                                    15 U.S.C. 78c(f).                                       before July 1, 2015.                                   2010).



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                                                    33004                        Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices

                                                    (‘‘Routing Services’’). In connection                   forth in sections A, B, and C below, of                orders are deemed by the routing broker
                                                    with such services, the following shall                 the most significant aspects of such                   to violate the applicable pre-trade
                                                    apply:                                                  statements.                                            requirements of Rule 15c3–5, the
                                                       (a)–(g) No change.                                                                                          routing broker will reject the order(s)
                                                                                                            A. Self-Regulatory Organization’s
                                                       (h) Each routing broker is required to                                                                      prior to routing and may seek to cancel
                                                                                                            Statement of the Purpose of, and
                                                    establish, document, and maintain a                                                                            any orders that have been routed. To the
                                                                                                            Statutory Basis for, the Proposed Rule
                                                    system of risk management controls and                                                                         extent that any Exchange-affiliated
                                                                                                            Change
                                                    supervisory procedures reasonably                                                                              routing broker determines, based on its
                                                    designed to manage the financial,                       1. Purpose                                             procedures, that an order should be
                                                    regulatory and other risks of providing                                                                        rejected, the routing broker may also
                                                                                                            Market Access Rule
                                                    Trading Permit Holders and their                                                                               seek to cancel orders that have already
                                                    customers access to other exchanges,                       The Commission adopted Rule 15c3–                   been routed away.
                                                    pursuant to Rule 15c3–5 under the                       5 (also referred to herein as the ‘‘Market
                                                                                                            Access Rule’’) to require broker-dealers               Proposal To Modify Rule 6.20 To Make
                                                    Exchange Act. Pursuant to the policies                                                                         Miscellaneous, Non-Substantive
                                                    and procedures developed by the                         providing others with access to an
                                                                                                            exchange or alternative trading system                 Changes
                                                    routing broker to comply with Rule
                                                    15c3–5, if an order or series of orders                 to establish, document and maintain a                    The Exchange is also proposing
                                                    are deemed by the routing broker to                     system of risk management controls and                 certain non-substantive amendments to
                                                    violate the applicable pre-trade                        supervisory procedures reasonably                      Rule 6.20 pertaining to admissions to,
                                                    requirements of Rule 15c3–5, the routing                designed to manage the financial,                      and conduct on, the CBOE trading floor
                                                    broker will reject the order(s) prior to                regulatory, and other risks of providing               and Trading Permit Holder education.
                                                    routing and may seek to cancel any                      such access.4 Broker-dealers routing                   In particular, the Exchange is proposing
                                                    orders that have been routed.                           orders on behalf of exchanges or                       in Rule 6.20.01 to eliminate reference to
                                                       . . . Interpretations and Policies:                  alternative trading systems for the                    the term ‘‘Board Brokers’’ as these
                                                       .01 No change.                                       purpose of accessing other trading                     market participants no longer exist.
                                                                                                            centers in compliance with Rule 611 of
                                                    *      *     *     *     *                                                                                     2. Statutory Basis
                                                                                                            Regulation NMS,5 or in compliance
                                                    Rule 6.20. Admission to and Conduct on                  with a national market system plan for                    The Exchange believes the proposed
                                                    the Trading Floor; Trading Permit                       listed options, are not required to                    rule change is consistent with the Act
                                                    Holder Education                                        comply with Rule 15c3–5 with regard to                 and the rules and regulations
                                                                                                            such routing services, except with                     thereunder applicable to the Exchange
                                                       (a)–(e) No change.                                                                                          and, in particular, the requirements of
                                                       . . . Interpretations and Policies:                  regard to paragraph (c)(1)(ii). Paragraph
                                                                                                            (c)(1)(ii) provides in relevant part that              section 6(b) of the Act.7 Specifically, the
                                                       .01 Only those Trading Permit                                                                               Exchange believes the proposed rule
                                                    Holders who have been approved to                       the broker-dealer’s risk management
                                                                                                            controls and supervisory procedures be                 change is consistent with the section
                                                    perform a floor function are authorized                                                                        6(b)(5) 8 requirements that the rules of
                                                    to enter into transactions on the floor.                reasonably designed to systematically
                                                                                                            limit the financial exposure of the                    an exchange be designed to prevent
                                                    Such Trading Permit Holders include                                                                            fraudulent and manipulative acts and
                                                    Floor Brokers who are registered                        broker or dealer that could arise as a
                                                                                                            result of market access, including being               practices, to promote just and equitable
                                                    pursuant to Rule 6.71[, Board Brokers                                                                          principles of trade, to foster cooperation
                                                    who are registered pursuant to Rules 7.2                reasonably designed to prevent the entry
                                                                                                            of erroneous orders, by rejecting orders               and coordination with persons engaged
                                                    and 7.3] and Market-Makers registered                                                                          in regulating, clearing, settling,
                                                    pursuant to Rules 8.2 and 8.3. While on                 that exceed appropriate price or size
                                                                                                            parameters, on an order-by-order basis                 processing information with respect to,
                                                    the floor such floor Trading Permit                                                                            and facilitating transactions in
                                                    Holders shall at all times display a floor              or over a short period of time, or that
                                                                                                            indicate duplicative orders.6                          securities, to remove impediments to
                                                    Trading Permit Holder’s badge.                                                                                 and perfect the mechanism of a free and
                                                       .02–.10 No change.                                   Proposal To Modify Rules Related to                    open market and a national market
                                                    *      *     *     *     *                              Routing Brokers                                        system, and, in general, to protect
                                                       The text of the proposed rule change                    The Exchange proposes to amend                      investors and the public interest.
                                                    is also available on the Exchange’s Web                 Rule 6.14B to make explicit that broker-               Additionally, the Exchange believes the
                                                    site (http://www.cboe.com/AboutCBOE/                    dealers routing Exchange orders to other               proposed rule change is consistent with
                                                    CBOELegalRegulatoryHome.aspx), at                       markets must establish, document, and                  the section 6(b)(5) 9 requirement that the
                                                    the Exchange’s Office of the Secretary,                 maintain a system of risk management                   rules of an exchange not be designed to
                                                    and at the Commission’s Public                          controls and supervisory procedures                    permit unfair discrimination between
                                                    Reference Room.                                         reasonably designed to manage the                      customers, issuers, brokers, or dealers.
                                                    II. Self-Regulatory Organization’s                      financial, regulatory and other risks of                  In particular, the Exchange believes
                                                    Statement of the Purpose of, and                        providing Trading Permit Holders and                   that, by including specific references to
                                                    Statutory Basis for, the Proposed Rule                  their customers access to other options                the existing requirements of Rule 15c3–
                                                    Change                                                  exchanges and stock trading centers (as                5 under the Act within the Exchange
                                                                                                            applicable), pursuant to Rule 15c3–5                   Rules, the Exchange is reiterating a
                                                      In its filing with the Commission, the
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                                                                                                            under the Act. The proposed rule                       routing broker’s obligation under Rule
                                                    Exchange included statements                            change would also state that pursuant to               15c3–5. The Exchange also believes that
                                                    concerning the purpose of and basis for                 the policies and procedures developed                  the proposed rule change will benefit
                                                    the proposed rule change and discussed                  by the routing broker to comply with                   Trading Permit Holders because it
                                                    any comments it received on the                         Rule 15c3–5, if an order or series of                  provides clarity on the process
                                                    proposed rule change. The text of these
                                                    statements may be examined at the                         4 Id.                                                 7 15    U.S. C. 78f(b).
                                                    places specified in Item IV below. The                    5 17 CFR 242.611.                                     8 15    U.S. C. 78f(b)(5).
                                                    Exchange has prepared summaries, set                      6 See 17 CFR 240.15c3–5(b) and (c)(1)(ii).            9 Id.




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                                                                                     Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices                                                 33005

                                                    employed for away market routing                             A. significantly affect the protection               change that are filed with the
                                                    consistent with the Market Access Rule.                   of investors or the public interest;                    Commission, and all written
                                                    The Exchange believes that the changes                       B. impose any significant burden on                  communications relating to the
                                                    to conform the text of Rule 6.14B                         competition; and                                        proposed rule change between the
                                                    (pertaining to options order routing to                      C. become operative for 30 days from                 Commission and any person, other than
                                                    other exchanges will simplify the Rules                   the date on which it was filed, or such                 those that may be withheld from the
                                                    and make it easier to administer having                   shorter time as the Commission may                      public in accordance with the
                                                    consistent provisions across both                         designate, it has become effective                      provisions of 5 U.S.C. 552, will be
                                                    markets. Finally, the Exchange believes                   pursuant to section 19(b)(3)(A) of the                  available for Web site viewing and
                                                    that the miscellaneous, non-substantive                   Act 11 and Rule 19b–4(f)(6) 12                          printing in the Commission’s Public
                                                    changes to Rule 6.20 will simplify and                    thereunder. At any time within 60 days                  Reference Room, 100 F Street, NE.,
                                                    update the rules, and make them easier                    of the filing of the proposed rule change,              Washington, DC 20549, on official
                                                    to read.                                                  the Commission summarily may                            business days between the hours of
                                                    B. Self-Regulatory Organization’s                         temporarily suspend such rule change if                 10:00 a.m. and 3:00 p.m. Copies of the
                                                    Statement on Burden on Competition                        it appears to the Commission that such                  filing also will be available for
                                                                                                              action is necessary or appropriate in the               inspection and copying at the principal
                                                       The Exchange does not believe that                     public interest, for the protection of                  office of the Exchange. All comments
                                                    the proposed rule change will impose                      investors, or otherwise in furtherance of               received will be posted without change;
                                                    any burden on competition that is not                     the purposes of the Act. If the                         the Commission does not edit personal
                                                    necessary or appropriate in furtherance                   Commission takes such action, the                       identifying information from
                                                    of the purposes of the Act. The                           Commission will institute proceedings                   submissions. You should submit only
                                                    Exchange does not believe that the                        to determine whether the proposed rule                  information that you wish to make
                                                    proposed rule change will impose any                      change should be approved or                            available publicly. All submissions
                                                    burden on intramarket competition that                    disapproved.                                            should refer to File Number SR–CBOE–
                                                    is not necessary or appropriate in                                                                                2015–053 and should be submitted on
                                                    furtherance of the purposes of the Act                    IV. Solicitation of Comments
                                                                                                                                                                      or before July 1, 2015.
                                                    because the proposed rule change is                         Interested persons are invited to
                                                    technical in nature in that is designed                                                                             For the Commission, by the Division of
                                                                                                              submit written data, views and                          Trading and Markets, pursuant to delegated
                                                    to reiterate existing requirements under                  arguments concerning the foregoing,                     authority.13
                                                    the Market Access Rule, which will                        including whether the proposed rule                     Robert W. Errett,
                                                    provide clarity on the process employed                   change is consistent with the Act.
                                                    for away market routing and make the                                                                              Deputy Secretary.
                                                                                                              Comments may be submitted by any of
                                                    Market Access Rule easier to administer                                                                           [FR Doc. 2015–14136 Filed 6–9–15; 8:45 am]
                                                                                                              the following methods:
                                                    consistently across markets. The                                                                                  BILLING CODE 8011–01–P
                                                    Exchange’s other proposal to make other                   Electronic Comments
                                                    miscellaneous, non-substantive changes                      • Use the Commission’s Internet
                                                    to Rule 6.20 will simplify and update                     comment form (http://www.sec.gov/                       SECURITIES AND EXCHANGE
                                                    the Rules, and make them easier to read.                  rules/sro.shtml); or                                    COMMISSION
                                                    For these reasons, the Exchange does                        • Send an email to rule-comments@
                                                                                                                                                                      [Release No. 34–75105; File No. SR–NYSE–
                                                    not believe that the proposed rule                        sec.gov. Please include File Number SR–                 2015–16]
                                                    change will impose any burden on                          CBOE–2015–053 on the subject line.
                                                    intermarket competition that is not                                                                               Self-Regulatory Organizations; New
                                                                                                              Paper Comments
                                                    necessary or appropriate in furtherance                                                                           York Stock Exchange LLC; Order
                                                    of the purposes of the Act. The                             • Send paper comments in triplicate                   Approving Proposed Rule Change To
                                                    Exchange also notes that another                          to Secretary, Securities and Exchange                   Amend the Seventh Amended and
                                                    exchange, EDGA Exchange, Inc.                             Commission, 100 F Street NE.,                           Restated Operating Agreement of the
                                                    (‘‘EDGA’’), has substantially similar                     Washington, DC 20549–1090.                              New York Stock Exchange LLC
                                                    provisions in its rules.10 To the extent                  All submissions should refer to File
                                                    that the proposed rule change may make                    Number SR–CBOE–2015–053. This file                      June 4, 2015.
                                                    CBOE a more attractive venue for                          number should be included on the                        I. Introduction
                                                    market participants on other exchanges,                   subject line if email is used. To help the
                                                    such market participants may elect to                     Commission process and review your                         On April 6, 2015, the New York Stock
                                                    become CBOE market participants.                          comments more efficiently, please use                   Exchange LLC (the ‘‘Exchange’’ or
                                                                                                              only one method. The Commission will                    ‘‘NYSE’’) filed with the Securities and
                                                    C. Self-Regulatory Organization’s                                                                                 Exchange Commission (the
                                                    Statement on Comments on the                              post all comments on the Commission’s
                                                                                                              Internet Web site (http://www.sec.gov/                  ‘‘Commission’’), pursuant to section
                                                    Proposed Rule Change Received From                                                                                19(b)(1) 1 of the Securities Exchange Act
                                                    Members, Participants, or Others                          rules/sro.shtml). Copies of the
                                                                                                              submission, all subsequent                              of 1934 (the ‘‘Act’’),2 and Rule 19b–4
                                                      The Exchange neither solicited nor                      amendments, all written statements                      thereunder,3 a proposed rule change to
                                                    received written comments on the                          with respect to the proposed rule                       amend the Seventh Amended and
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                                                    proposed rule change.                                                                                             Restated Operating Agreement (the
                                                                                                                11 15  U.S.C. 78s(b)(3)(A).                           ‘‘Operating Agreement’’) of the
                                                    III. Date of Effectiveness of the
                                                                                                                12 17  CFR 240.19b–4(f)(6). As required under Rule    Exchange. The proposed rule change
                                                    Proposed Rule Change and Timing for
                                                                                                              19b–4(f)(6)(iii), the Exchange provided the             was published for comment in the
                                                    Commission Action                                         Commission with written notice of its intent to file
                                                       Because the foregoing proposed rule                    the proposed rule change, along with a brief              13 17
                                                                                                              description and the text of the proposed rule                   CFR 200.30–3(a)(12).
                                                    change does not:                                          change, at least five business days prior to the date
                                                                                                                                                                        1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                        2 15 U.S.C. 78a.
                                                                                                              of filing of the proposed rule change, or such
                                                      10 See   EDGA Rule 11.11(i).                            shorter time as designated by the Commission.             3 17 CFR 240.19b–4.




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Document Created: 2015-12-15 15:17:26
Document Modified: 2015-12-15 15:17:26
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 33003 

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