80_FR_40249 80 FR 40116 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Delay Implementation of Tied to Stock Marking Requirement for Certain Orders

80 FR 40116 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Delay Implementation of Tied to Stock Marking Requirement for Certain Orders

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 133 (July 13, 2015)

Page Range40116-40118
FR Document2015-16980

Federal Register, Volume 80 Issue 133 (Monday, July 13, 2015)
[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Notices]
[Pages 40116-40118]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16980]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75378; File No. SR-CBOE-2015-067]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change to Delay Implementation of Tied to Stock Marking 
Requirement for Certain Orders

July 7, 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 July 1, 2015, Chicago Board Options Exchange, Incorporated (the 
``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (the ``Commission'') the proposed rule change as described 
in Items I and II below, which Items have been prepared by the 
Exchange. The Exchange filed the proposal as a ``non-controversial'' 
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 
\3\ and Rule 19b-4(f)(6) thereunder.\4\ 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \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 proposes to delay the implementation of the marking 
requirement set forth in Rule 6.53(y) with respect to certain orders. 
There is no proposed change to the rule text.

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
    On August 13, 2014, the Securities and Exchange Commission (the 
``Commission'') approved CBOE Rules 6.53(y) and 15.2A.\5\ Rule 6.53(y) 
defines a tied to stock order \6\ and requires the representing Trading 
Permit Holder to include an indicator on each tied to stock order upon 
systemization, subject to certain exceptions. Rule 15.2A requires, in a 
manner and form prescribed by the Exchange, each Trading Permit Holder 
(``TPH''), on the business day following the order execution date, to 
report to the Exchange certain information regarding the executed stock 
or convertible security legs of qualified contingent cross (``QCC'') 
orders,\7\ stock-option orders and other tied to stock orders that the 
TPH executed on the Exchange that trading day. The Exchange stated in 
rule filing SR-CBOE-2014-040 that it would issue a circular announcing 
the implementation date for these rules within 90 days of the date of 
filing, which implementation date would be within 180 days of the date 
of filing.
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    \5\ Securities Exchange Act Release No. 72839 (August 13, 2014), 
79 FR 49123 (August 19, 2014) (SR-CBOE-2014-040) (order approving 
Rules 6.53(y) and 15.2A).
    \6\ Rule 6.53(y) provides that an order is ``tied to stock'' if, 
at the time the Trading Permit Holder representing the order on the 
Exchange receives the order (if the order is a customer order) or 
initiates the order (if the order is a is a proprietary order), has 
knowledge that the order is coupled with an order(s) for the 
underlying stock or a security convertible into the underlying stock 
(``convertible security'' and, together with underlying stock, 
``non-option'').
    \7\ A QCC order is an order to buy (sell) at least 1,000 
standard option contracts or 10,000 mini-option contracts that is 
identified as being part of a qualified contingent trade coupled 
with a contra-side order to sell (buy) an equal number of contracts. 
These orders may only be entered in the standard increments 
applicable to simple orders in the options class under Rule 6.42. 
For purposes of this order type, a ``qualified contingent trade'' is 
a transaction consisting of two or more component orders, executed 
as agent or principal, where: (a) at least one component is an NMS 
stock, as defined in Rule 600 of Regulation NMS under the Act; (b) 
all components are effected with a product or price contingency that 
either has been agreed to by all the respective counterparties or 
arranged for by a broker-dealer as principal or agent; (c) the 
execution of one component is contingent upon the execution of all 
other components at or near the same time; (d) the specific 
relationship between the component orders (e.g., the spread between 
the prices of the component orders) is determined by the time the 
contingent order is placed; (e) the component orders bear a 
derivative relationship to one another, represent different classes 
of shares of the same issuer, or involve the securities of 
participants in mergers or with intentions to merge that have been 
announced or cancelled; and (f) the transaction is fully hedged 
(without regard to any prior existing position) as a result of other 
components of the contingent trade. QCC orders may execute without 
exposure provided the execution is not at the same price as a public 
customer order resting in the electronic book and is at or between 
the national best bid or offer. A QCC order will be cancelled if it 
cannot be executed. See Rule 6.53(u). The Exchange notes that it 
deactivated the QCC functionality effective August 11, 2014 and will 
announce any reactivation of QCC functionality by Regulatory 
Circular. See Regulatory Circular RG14-121.
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    On January 7, 2015, CBOE submitted a rule filing to delay the 
implementation of these rules based on feedback it received from 
TPHs.\8\ The Exchange stated in that rule filing that it would issue a 
circular announcing the implementation date for the rules within 90 
days of the date of the rule

[[Page 40117]]

filing, which implementation date would be within 180 days of the date 
of filing. In accordance with that filing, the Exchange recently issued 
a regulatory circular on April 7, 2015, which announced a July 1, 2015 
implementation date for the tied to stock marking and reporting 
requirements.\9\ On May 20, 2015, CBOE submitted a rule filing to 
further delay the implementation of the reporting requirement set forth 
in Rule 15.2A in order to evaluate the format of the reports in light 
of its entry into a Regulatory Services Agreement with the Financial 
Industry Regulatory Authority, Inc. (``FINRA'').\10\ In that filing, 
CBOE announced its intention to proceed with the implementation of the 
marking requirement set forth in Rule 6.53(y) on July 1, 2015.
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    \8\ Securities Exchange Act Release No. 34-74067 (January 15, 
2015), 80 FR 3267 (January 22, 2015) (SR-CBOE-2015-004) (notice of 
immediate effectiveness of rule filing).
    \9\ CBOE Regulatory Circular RG15-056 (April 7, 2015).
    \10\ Securities Exchange Act Release No. 34-75029 (May 21, 
2015), 80 FR 30506 (May 28, 2015) (SR-CBOE-2015-051) (notice of 
immediate effectiveness of rule filing).
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    The Exchange believes it is appropriate to implement on a limited 
basis the marking requirement on July 1, 2015 with respect to orders 
sent to the Exchange for nonelectronic processing (i.e., orders 
received and systematized by floor brokers handling orders on the CBOE 
trading floor), but proposes to delay the implementation of the marking 
requirement with respect to all other orders (i.e., orders submitted to 
the Exchange for electronic processing). While the Exchange continues 
to believe that there has been sufficient notice, training and 
circulars provided to Trading Permit Holders on the marking requirement 
with respect to electronic orders, based on recent feedback from 
Trading Permit Holders regarding their development efforts related to 
the marking requirement, CBOE believes it is appropriate to provide 
Trading Permit Holders with additional time to complete their necessary 
systems development work to comply with this new marking requirement. 
However, since CBOE has completed development work to allow floor 
brokers to mark orders as tied to stock on devices approved by the 
Exchange that may be used on the trading floor for the systemization of 
orders represented in open outcry,\11\ CBOE believes it is appropriate 
to move forward with implementing the tied to stock marking requirement 
with respect to those orders.
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    \11\ Currently, the only Exchange-approved devices are the PULSe 
workstation, the Floor Broker Workstation (``FBW'') and FBW 2, which 
CBOE makes available to floor brokers. Pursuant to Rule 6.53(y), 
Trading Permit Holders representing tied to stock orders on the 
Exchange must apply the marking at the time of systemization of the 
order.
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    CBOE delayed the implementation of Rule 15.2A for 12 to 18 months 
from the date of the filing that proposed that delay.\12\ CBOE proposes 
to similarly delay implementation of the tied to stock marking 
requirement in Rule 6.53(y) with respect to orders submitted for 
electronic processing for 6 to 18 months from the date of this 
filing.\13\ This will provide Trading Permit Holders with sufficient 
time to complete their systems development work to comply with the tied 
to stock marking requirement. During the delay, as part of CBOE's 
evaluation it is conducting in connection with the delay of the 
implementation of the reporting requirement, CBOE will evaluate the 
number of orders represented in open outcry that are marked as tied to 
stock, which will permit CBOE to evaluate the number of reports it can 
expect to receive with respect to those orders and the potential impact 
of the reports on CBOE's surveillances. The Exchange will issue a 
regulatory circular announcing the new implementation date for the 
reporting requirement as least 180 days prior to that date.
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    \12\ See supra note 10. In that filing, CBOE indicated that it 
planned to evaluate the format of the reports with FINRA to ensure 
that the information to be provided in the reports can be 
incorporated into surveillances in an efficient and effective 
manner. During the delay, CBOE intends to review the number of tied 
to stock orders for which information regarding the stock or 
convertible security leg is not available from CBOE's internal data 
(which will permit CBOE to evaluate the number of reports it can 
expect to receive and the potential impact of the reports on CBOE's 
surveillances) and determine whether this additional information is 
necessary in order to enhance its ability to effectively monitor and 
conduct surveillance of the CBOE markets with respect to tied to 
stock orders whose execution information is not electronically 
captured by the audit trail.
    \13\ The Exchange may still implement the reporting requirement 
and the marking requirement for electronic orders at separate times.
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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.\14\ Specifically, the Exchange believes the proposed rule change 
is consistent with the Section 6(b)(5) \15\ 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) \16\ requirement that the rules of 
an exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
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    \14\ 15 U.S. C. 78f(b).
    \15\ 15 U.S. C. 78f(b)(5).
    \16\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes the delayed implementation of 
Rule 6.53(y) with respect to orders submitted to the Exchange for 
electronic processing will provide Trading Permit Holders with 
sufficient time to perform systems development work that will allow 
them to comply with the marking requirement for those orders, which 
will prevent fraudulent and manipulative acts and practices and promote 
just and equitable principles of trade. Additionally, the proposed 
delay will provide the Exchange with sufficient time to evaluate the 
information obtained through the marking requirement with respect to 
orders submitted for nonelectronic processing, as part of its ongoing 
evaluation of the related reporting requirement format. The Exchange 
believes the ability to tie executed non-option legs to the applicable 
option legs that were separately submitted for execution will assist in 
the Exchange's efforts to prevent fraudulent and manipulative acts and 
practices with respect to tied to stock orders, but only if Trading 
Permit Holders are able to apply the marking in accordance with the 
rule.

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 proposed change does not 
impose any burden on competition, as it is simply seeking to delay the 
implementation of the tied to stock marking requirement with respect to 
certain orders. The implementation on July 1, 2015 of the marking 
requirement with respect to orders sent to the Exchange for 
nonelectronic processing is consistent with previous rule filings and 
was announced to Trading Permit Holders in regulatory circulars.

[[Page 40118]]

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received from Members, Participants, or Others

    The Exchange neither solicited nor received comments on the 
proposed rule change.

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

    Because the foregoing proposed rule change does not: (i) 
significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(ii) of the Act \17\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\18\
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    \17\ 15 U.S. C. 78s(b)(3)(A)(ii).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires the Exchange to give the Commission written notice of the 
Exchange's intent to file the proposed rule change along with a 
brief description and text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission. The 
Exchange has met this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \19\ normally 
does not become operative for 30 days after the date of filing. 
However, pursuant to Rule 19b-4(f)(6)(iii) \20\ the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange requested 
that the Commission waive the 30-day operative delay. The Exchange 
noted this proposed rule change merely further delays implementation of 
a marking requirement with respect to certain orders. The Exchange also 
previously indicated it would implement the marking requirement by July 
6, 2015, which date is less than 30 days from the date of the filing. 
According to the Exchange, Trading Permit Holders have provided 
feedback that they will not be in a position to comply the marking 
requirement for electronic orders by that date. The Exchange believes 
the Commission should waive the operative delay to ensure that the 
Exchange will not be required to implement the marking requirement with 
respect to those orders prior to Trading Permit Holders having 
compliant systems ready to apply the marking.
---------------------------------------------------------------------------

    \19\ 17 CFR 240.19b-4(f)(6).
    \20\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest. 
Delaying the July 1, 2015 implementation date will allow more time for 
the Exchange and Trading Permit Holders to work together to ensure that 
Trading Permit Holder have compliant systems. For this reason, the 
Commission designates the proposed rule change to be operative on July 
1, 2015.\21\
---------------------------------------------------------------------------

    \21\ For purposes only of waiving the operative delay, the 
Commission has considered the proposed rule's impact on efficiency, 
competition, and capital formation. See 15 U.S. C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.

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-2015-067 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-2015-067. 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-2015-067 and should be 
submitted on or before August 3, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-16980 Filed 7-10-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                    40116                           Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices

                                                    SECURITIES AND EXCHANGE                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  representing Trading Permit Holder to
                                                    COMMISSION                                               notice is hereby given that on July 1,                  include an indicator on each tied to
                                                                                                             2015, Chicago Board Options Exchange,                   stock order upon systemization, subject
                                                    [Release No. 34–75380; File No. SR–DTC–                  Incorporated (the ‘‘Exchange’’ or                       to certain exceptions. Rule 15.2A
                                                    2015–003]                                                ‘‘CBOE’’) filed with the Securities and                 requires, in a manner and form
                                                                                                             Exchange Commission (the                                prescribed by the Exchange, each
                                                    Self-Regulatory Organizations; The                       ‘‘Commission’’) the proposed rule                       Trading Permit Holder (‘‘TPH’’), on the
                                                    Depository Trust Company; Notice of                      change as described in Items I and II                   business day following the order
                                                    Withdrawal of Proposed Rule Change                       below, which Items have been prepared                   execution date, to report to the
                                                    Regarding the Acknowledgment of                          by the Exchange. The Exchange filed the                 Exchange certain information regarding
                                                    End-of-Day Net-Net Settlement                            proposal as a ‘‘non-controversial’’                     the executed stock or convertible
                                                    Balances by Settling Banks                               proposed rule change pursuant to                        security legs of qualified contingent
                                                                                                             Section 19(b)(3)(A)(iii) of the Act 3 and               cross (‘‘QCC’’) orders,7 stock-option
                                                    July 7, 2015.
                                                                                                             Rule 19b–4(f)(6) thereunder.4 The                       orders and other tied to stock orders that
                                                       On April 15, 2015, The Depository                     Commission is publishing this notice to                 the TPH executed on the Exchange that
                                                    Trust Company (‘‘DTC’’) filed with the                   solicit comments on the proposed rule                   trading day. The Exchange stated in rule
                                                    Securities and Exchange Commission                       change from interested persons.                         filing SR–CBOE–2014–040 that it would
                                                    (‘‘Commission’’) proposed rule change                                                                            issue a circular announcing the
                                                    SR–DTC–2015–003 (‘‘Proposed Rule                         I. Self-Regulatory Organization’s                       implementation date for these rules
                                                    Change’’) pursuant to Section 19(b)(1) of                Statement of the Terms of Substance of                  within 90 days of the date of filing,
                                                    the Securities Exchange Act of 19341                     the Proposed Rule Change                                which implementation date would be
                                                    and Rule 19b-4 thereunder regarding the                     The Exchange proposes to delay the                   within 180 days of the date of filing.
                                                    acknowledgment of End-of-Day Net-Net                     implementation of the marking                              On January 7, 2015, CBOE submitted
                                                    Settlement Balances by Settling Banks.2                  requirement set forth in Rule 6.53(y)                   a rule filing to delay the implementation
                                                    The Proposed Rule Change was                             with respect to certain orders. There is                of these rules based on feedback it
                                                    published for comment in the Federal                     no proposed change to the rule text.                    received from TPHs.8 The Exchange
                                                    Registrar on May 5, 2015.3 The                                                                                   stated in that rule filing that it would
                                                    Commission received one comment                          II. Self-Regulatory Organization’s
                                                                                                                                                                     issue a circular announcing the
                                                    letter to the Proposed Rule Change.4 On                  Statement of the Purpose of, and
                                                                                                                                                                     implementation date for the rules
                                                    June 5, 2015, DTC extended the date for                  Statutory Basis for, the Proposed Rule                  within 90 days of the date of the rule
                                                    Commission action on the Proposed                        Change
                                                    Rule Change to August 3, 2015. On July                      In its filing with the Commission, the               security’’ and, together with underlying stock,
                                                    1, 2015, DTC withdrew the Proposed                       Exchange included statements                            ‘‘non-option’’).
                                                                                                                                                                        7 A QCC order is an order to buy (sell) at least
                                                    Rule Change (SR–DTC–2015–003).                           concerning the purpose of and basis for
                                                                                                                                                                     1,000 standard option contracts or 10,000 mini-
                                                      For the Commission, by the Division of                 the proposed rule change and discussed                  option contracts that is identified as being part of
                                                    Trading and Markets, pursuant to delegated               any comments it received on the                         a qualified contingent trade coupled with a contra-
                                                    authority.5                                              proposed rule change. The text of these                 side order to sell (buy) an equal number of
                                                                                                             statements may be examined at the                       contracts. These orders may only be entered in the
                                                    Brent J. Fields,                                                                                                 standard increments applicable to simple orders in
                                                    Secretary.                                               places specified in Item IV below. The                  the options class under Rule 6.42. For purposes of
                                                    [FR Doc. 2015–16979 Filed 7–10–15; 8:45 am]
                                                                                                             Exchange has prepared summaries, set                    this order type, a ‘‘qualified contingent trade’’ is a
                                                                                                             forth in sections A, B, and C below, of                 transaction consisting of two or more component
                                                    BILLING CODE 8011–01–P                                                                                           orders, executed as agent or principal, where: (a) at
                                                                                                             the most significant aspects of such                    least one component is an NMS stock, as defined
                                                                                                             statements.                                             in Rule 600 of Regulation NMS under the Act; (b)
                                                    SECURITIES AND EXCHANGE                                                                                          all components are effected with a product or price
                                                                                                             A. Self-Regulatory Organization’s                       contingency that either has been agreed to by all the
                                                    COMMISSION                                               Statement of the Purpose of, and                        respective counterparties or arranged for by a
                                                                                                             Statutory Basis for, the Proposed Rule                  broker-dealer as principal or agent; (c) the execution
                                                    [Release No. 34–75378; File No. SR–CBOE–                 Change                                                  of one component is contingent upon the execution
                                                    2015–067]                                                                                                        of all other components at or near the same time;
                                                                                                             1. Purpose                                              (d) the specific relationship between the component
                                                                                                                                                                     orders (e.g., the spread between the prices of the
                                                    Self-Regulatory Organizations;                              On August 13, 2014, the Securities                   component orders) is determined by the time the
                                                    Chicago Board Options Exchange,                          and Exchange Commission (the                            contingent order is placed; (e) the component
                                                    Incorporated; Notice of Filing and                                                                               orders bear a derivative relationship to one another,
                                                                                                             ‘‘Commission’’) approved CBOE Rules                     represent different classes of shares of the same
                                                    Immediate Effectiveness of a Proposed                    6.53(y) and 15.2A.5 Rule 6.53(y) defines                issuer, or involve the securities of participants in
                                                    Rule Change to Delay Implementation                      a tied to stock order 6 and requires the                mergers or with intentions to merge that have been
                                                    of Tied to Stock Marking Requirement                                                                             announced or cancelled; and (f) the transaction is
                                                    for Certain Orders                                            1 15
                                                                                                                    U.S.C. 78s(b)(1).                                fully hedged (without regard to any prior existing
                                                                                                                  2 17
                                                                                                                                                                     position) as a result of other components of the
                                                                                                                    CFR 240.19b–4.
                                                    July 7, 2015.                                              3 15 U.S.C. 78s(b)(3)(A)(iii).
                                                                                                                                                                     contingent trade. QCC orders may execute without
                                                                                                                                                                     exposure provided the execution is not at the same
                                                      Pursuant to Section 19(b)(1) of the                      4 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                     price as a public customer order resting in the
                                                    Securities Exchange Act of 1934 (the                       5 Securities Exchange Act Release No. 72839
                                                                                                                                                                     electronic book and is at or between the national
                                                                                                             (August 13, 2014), 79 FR 49123 (August 19, 2014)        best bid or offer. A QCC order will be cancelled if
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                      1 15
                                                                                                             (SR–CBOE–2014–040) (order approving Rules               it cannot be executed. See Rule 6.53(u). The
                                                           U.S.C. 78s(b)(1).                                 6.53(y) and 15.2A).                                     Exchange notes that it deactivated the QCC
                                                      2 17 CFR 240.19b-4.                                      6 Rule 6.53(y) provides that an order is ‘‘tied to    functionality effective August 11, 2014 and will
                                                      3 Securities Exchange Act Release No. 74830
                                                                                                             stock’’ if, at the time the Trading Permit Holder       announce any reactivation of QCC functionality by
                                                    (April 29, 2015), 80 FR 25727 (May 5, 2015) (File        representing the order on the Exchange receives the     Regulatory Circular. See Regulatory Circular RG14–
                                                    No. SR–DTC–2015–003).                                    order (if the order is a customer order) or initiates   121.
                                                      4 Letter from Suzanne Shatto (May 3, 2015),
                                                                                                             the order (if the order is a is a proprietary order),      8 Securities Exchange Act Release No. 34–74067
                                                    available at https://www.sec.gov/comments/sr-dtc-        has knowledge that the order is coupled with an         (January 15, 2015), 80 FR 3267 (January 22, 2015)
                                                    2015–003/dtc2015003.shtml.                               order(s) for the underlying stock or a security         (SR–CBOE–2015–004) (notice of immediate
                                                      5 17 CFR 200.30–3(a)(12).                              convertible into the underlying stock (‘‘convertible    effectiveness of rule filing).



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                                                                                    Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices                                            40117

                                                    filing, which implementation date                        requirement with respect to those                     processing information with respect to,
                                                    would be within 180 days of the date of                  orders.                                               and facilitating transactions in
                                                    filing. In accordance with that filing, the                CBOE delayed the implementation of                  securities, to remove impediments to
                                                    Exchange recently issued a regulatory                    Rule 15.2A for 12 to 18 months from the               and perfect the mechanism of a free and
                                                    circular on April 7, 2015, which                         date of the filing that proposed that                 open market and a national market
                                                    announced a July 1, 2015                                 delay.12 CBOE proposes to similarly                   system, and, in general, to protect
                                                    implementation date for the tied to                      delay implementation of the tied to                   investors and the public interest.
                                                    stock marking and reporting                              stock marking requirement in Rule                     Additionally, the Exchange believes the
                                                    requirements.9 On May 20, 2015, CBOE                     6.53(y) with respect to orders submitted
                                                                                                                                                                   proposed rule change is consistent with
                                                    submitted a rule filing to further delay                 for electronic processing for 6 to 18
                                                                                                                                                                   the Section 6(b)(5) 16 requirement that
                                                    the implementation of the reporting                      months from the date of this filing.13
                                                                                                             This will provide Trading Permit                      the rules of an exchange not be designed
                                                    requirement set forth in Rule 15.2A in                                                                         to permit unfair discrimination between
                                                    order to evaluate the format of the                      Holders with sufficient time to complete
                                                                                                             their systems development work to                     customers, issuers, brokers, or dealers.
                                                    reports in light of its entry into a
                                                    Regulatory Services Agreement with the                   comply with the tied to stock marking                    In particular, the Exchange believes
                                                    Financial Industry Regulatory                            requirement. During the delay, as part of             the delayed implementation of Rule
                                                    Authority, Inc. (‘‘FINRA’’).10 In that                   CBOE’s evaluation it is conducting in                 6.53(y) with respect to orders submitted
                                                    filing, CBOE announced its intention to                  connection with the delay of the                      to the Exchange for electronic
                                                    proceed with the implementation of the                   implementation of the reporting                       processing will provide Trading Permit
                                                    marking requirement set forth in Rule                    requirement, CBOE will evaluate the                   Holders with sufficient time to perform
                                                    6.53(y) on July 1, 2015.                                 number of orders represented in open                  systems development work that will
                                                                                                             outcry that are marked as tied to stock,              allow them to comply with the marking
                                                       The Exchange believes it is
                                                                                                             which will permit CBOE to evaluate the                requirement for those orders, which will
                                                    appropriate to implement on a limited
                                                                                                             number of reports it can expect to                    prevent fraudulent and manipulative
                                                    basis the marking requirement on July 1,
                                                                                                             receive with respect to those orders and
                                                    2015 with respect to orders sent to the                                                                        acts and practices and promote just and
                                                                                                             the potential impact of the reports on
                                                    Exchange for nonelectronic processing                                                                          equitable principles of trade.
                                                                                                             CBOE’s surveillances. The Exchange
                                                    (i.e., orders received and systematized                                                                        Additionally, the proposed delay will
                                                                                                             will issue a regulatory circular
                                                    by floor brokers handling orders on the                                                                        provide the Exchange with sufficient
                                                                                                             announcing the new implementation
                                                    CBOE trading floor), but proposes to                                                                           time to evaluate the information
                                                                                                             date for the reporting requirement as
                                                    delay the implementation of the                                                                                obtained through the marking
                                                                                                             least 180 days prior to that date.
                                                    marking requirement with respect to all                                                                        requirement with respect to orders
                                                    other orders (i.e., orders submitted to                  2. Statutory Basis                                    submitted for nonelectronic processing,
                                                    the Exchange for electronic processing).                    The Exchange believes the proposed                 as part of its ongoing evaluation of the
                                                    While the Exchange continues to believe                  rule change is consistent with the Act                related reporting requirement format.
                                                    that there has been sufficient notice,                   and the rules and regulations                         The Exchange believes the ability to tie
                                                    training and circulars provided to                       thereunder applicable to the Exchange                 executed non-option legs to the
                                                    Trading Permit Holders on the marking                    and, in particular, the requirements of               applicable option legs that were
                                                    requirement with respect to electronic                   Section 6(b) of the Act.14 Specifically,              separately submitted for execution will
                                                    orders, based on recent feedback from                    the Exchange believes the proposed rule               assist in the Exchange’s efforts to
                                                    Trading Permit Holders regarding their                   change is consistent with the Section                 prevent fraudulent and manipulative
                                                    development efforts related to the                       6(b)(5) 15 requirements that the rules of
                                                    marking requirement, CBOE believes it                                                                          acts and practices with respect to tied to
                                                                                                             an exchange be designed to prevent                    stock orders, but only if Trading Permit
                                                    is appropriate to provide Trading Permit                 fraudulent and manipulative acts and
                                                    Holders with additional time to                                                                                Holders are able to apply the marking in
                                                                                                             practices, to promote just and equitable              accordance with the rule.
                                                    complete their necessary systems                         principles of trade, to foster cooperation
                                                    development work to comply with this                     and coordination with persons engaged                 B. Self-Regulatory Organization’s
                                                    new marking requirement. However,                        in regulating, clearing, settling,                    Statement on Burden on Competition
                                                    since CBOE has completed development
                                                    work to allow floor brokers to mark                         12 See supra note 10. In that filing, CBOE           CBOE does not believe that the
                                                    orders as tied to stock on devices                       indicated that it planned to evaluate the format of   proposed rule change will impose any
                                                    approved by the Exchange that may be                     the reports with FINRA to ensure that the             burden on competition that is not
                                                                                                             information to be provided in the reports can be
                                                    used on the trading floor for the                        incorporated into surveillances in an efficient and   necessary or appropriate in furtherance
                                                    systemization of orders represented in                   effective manner. During the delay, CBOE intends      of the purposes of the Act. The
                                                    open outcry,11 CBOE believes it is                       to review the number of tied to stock orders for      proposed change does not impose any
                                                    appropriate to move forward with                         which information regarding the stock or
                                                                                                             convertible security leg is not available from        burden on competition, as it is simply
                                                    implementing the tied to stock marking                   CBOE’s internal data (which will permit CBOE to       seeking to delay the implementation of
                                                                                                             evaluate the number of reports it can expect to       the tied to stock marking requirement
                                                      9 CBOE Regulatory Circular RG15–056 (April 7,          receive and the potential impact of the reports on
                                                                                                             CBOE’s surveillances) and determine whether this
                                                                                                                                                                   with respect to certain orders. The
                                                    2015).
                                                      10 Securities Exchange Act Release No. 34–75029        additional information is necessary in order to       implementation on July 1, 2015 of the
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                                                    (May 21, 2015), 80 FR 30506 (May 28, 2015) (SR–          enhance its ability to effectively monitor and        marking requirement with respect to
                                                    CBOE–2015–051) (notice of immediate effectiveness        conduct surveillance of the CBOE markets with         orders sent to the Exchange for
                                                    of rule filing).                                         respect to tied to stock orders whose execution
                                                      11 Currently, the only Exchange-approved devices       information is not electronically captured by the     nonelectronic processing is consistent
                                                    are the PULSe workstation, the Floor Broker              audit trail.                                          with previous rule filings and was
                                                    Workstation (‘‘FBW’’) and FBW 2, which CBOE
                                                                                                                13 The Exchange may still implement the
                                                                                                                                                                   announced to Trading Permit Holders in
                                                    makes available to floor brokers. Pursuant to Rule       reporting requirement and the marking requirement
                                                                                                             for electronic orders at separate times.
                                                                                                                                                                   regulatory circulars.
                                                    6.53(y), Trading Permit Holders representing tied to
                                                                                                                14 15 U.S. C. 78f(b).
                                                    stock orders on the Exchange must apply the
                                                    marking at the time of systemization of the order.          15 15 U.S. C. 78f(b)(5).                             16 Id.




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                                                    40118                            Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices

                                                    C. Self-Regulatory Organization’s                         investors and the public interest.                      printing in the Commission’s Public
                                                    Statement on Comments on the                              Delaying the July 1, 2015                               Reference Room, 100 F Street, NE.,
                                                    Proposed Rule Change Received from                        implementation date will allow more                     Washington, DC 20549 on official
                                                    Members, Participants, or Others                          time for the Exchange and Trading                       business days between the hours of
                                                      The Exchange neither solicited nor                      Permit Holders to work together to                      10:00 a.m. and 3:00 p.m. Copies of the
                                                    received comments on the proposed                         ensure that Trading Permit Holder have                  filing also will be available for
                                                    rule change.                                              compliant systems. For this reason, the                 inspection and copying at the principal
                                                                                                              Commission designates the proposed                      office of the Exchange. All comments
                                                    III. Date of Effectiveness of the                         rule change to be operative on July 1,                  received will be posted without change;
                                                    Proposed Rule Change and Timing for                       2015.21                                                 the Commission does not edit personal
                                                    Commission Action                                            At any time within 60 days of the                    identifying information from
                                                      Because the foregoing proposed rule                     filing of the proposed rule change, the                 submissions. You should submit only
                                                    change does not: (i) significantly affect                 Commission summarily may                                information that you wish to make
                                                    the protection of investors or the public                 temporarily suspend such rule change if                 available publicly. All submissions
                                                    interest; (ii) impose any significant                     it appears to the Commission that such                  should refer to File Number SR–CBOE–
                                                    burden on competition; and (iii) become                   action is necessary or appropriate in the               2015–067 and should be submitted on
                                                    operative for 30 days from the date on                    public interest, for the protection of                  or before August 3, 2015.
                                                    which it was filed, or such shorter time                  investors, or otherwise in furtherance of
                                                                                                              the purposes of the Act.                                  For the Commission, by the Division of
                                                    as the Commission may designate, it has
                                                                                                                                                                      Trading and Markets, pursuant to delegated
                                                    become effective pursuant to Section                      IV. Solicitation of Comments                            authority.22
                                                    19(b)(3)(A)(ii) of the Act 17 and
                                                    subparagraph (f)(6) of Rule 19b–4                           Interested persons are invited to                     Brent J. Fields,
                                                    thereunder.18                                             submit written data, views, and                         Secretary.
                                                      A proposed rule change filed under                      arguments concerning the foregoing,                     [FR Doc. 2015–16980 Filed 7–10–15; 8:45 am]
                                                    Rule 19b–4(f)(6) 19 normally does not                     including whether the proposed rule                     BILLING CODE 8011–01–P
                                                    become operative for 30 days after the                    change is consistent with the Act.
                                                    date of filing. However, pursuant to                      Comments may be submitted by any of
                                                    Rule 19b–4(f)(6)(iii) 20 the Commission                   the following methods:
                                                    may designate a shorter time if such                      Electronic Comments                                     DEPARTMENT OF STATE
                                                    action is consistent with the protection
                                                    of investors and the public interest. The                   • Use the Commission’s Internet
                                                                                                              comment form (http://www.sec.gov/                       [Public Notice: 9186]
                                                    Exchange requested that the
                                                    Commission waive the 30-day operative                     rules/sro.shtml); or
                                                                                                                • Send an email to rule-comments@                     Overseas Security Advisory Council
                                                    delay. The Exchange noted this                                                                                    (OSAC) Meeting Notice; Closed
                                                    proposed rule change merely further                       sec.gov. Please include File Number SR–
                                                                                                              CBOE–2015–067 on the subject line.                      Meeting
                                                    delays implementation of a marking
                                                    requirement with respect to certain                       Paper Comments                                             The Department of State announces a
                                                    orders. The Exchange also previously                                                                              meeting of the U.S. State Department—
                                                                                                                • Send paper comments in triplicate
                                                    indicated it would implement the                                                                                  Overseas Security Advisory Council on
                                                                                                              to Secretary, Securities and Exchange
                                                    marking requirement by July 6, 2015,                                                                              August 25–26, 2015. Pursuant to section
                                                                                                              Commission, 100 F Street, NE.,
                                                    which date is less than 30 days from the                                                                          10(d) of the Federal Advisory
                                                                                                              Washington, DC 20549–1090.
                                                    date of the filing. According to the                                                                              Committee Act (5 U.S.C. Appendix), 5
                                                    Exchange, Trading Permit Holders have                     All submissions should refer to File
                                                                                                              Number SR–CBOE–2015–067. This file                      U.S.C. 552b(c)(4), and 5 U.S.C.
                                                    provided feedback that they will not be                                                                           552b(c)(7)(E), it has been determined
                                                    in a position to comply the marking                       number should be included on the
                                                                                                              subject line if email is used. To help the              that the meeting will be closed to the
                                                    requirement for electronic orders by that                                                                         public. The meeting will focus on an
                                                    date. The Exchange believes the                           Commission process and review your
                                                                                                              comments more efficiently, please use                   examination of corporate security
                                                    Commission should waive the operative                                                                             policies and procedures and will
                                                    delay to ensure that the Exchange will                    only one method. The Commission will
                                                                                                              post all comments on the Commission’s                   involve extensive discussion of trade
                                                    not be required to implement the                                                                                  secrets and proprietary commercial
                                                    marking requirement with respect to                       Internet Web site (http://www.sec.gov/
                                                                                                              rules/sro.shtml). Copies of the                         information that is privileged and
                                                    those orders prior to Trading Permit
                                                                                                              submission, all subsequent                              confidential, and will discuss law
                                                    Holders having compliant systems ready
                                                                                                              amendments, all written statements                      enforcement investigative techniques
                                                    to apply the marking.
                                                                                                              with respect to the proposed rule                       and procedures. The agenda will
                                                      The Commission believes that
                                                                                                              change that are filed with the                          include updated committee reports, a
                                                    waiving the 30-day operative delay is
                                                                                                              Commission, and all written                             strategic planning session, and other
                                                    consistent with the protection of
                                                                                                              communications relating to the                          matters relating to private sector
                                                      17 15  U.S. C. 78s(b)(3)(A)(ii).                        proposed rule change between the                        security policies and protective
                                                      18 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      Commission and any person, other than                   programs and the protection of U.S.
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                                                    4(f)(6) requires the Exchange to give the                 those that may be withheld from the                     business information overseas.
                                                    Commission written notice of the Exchange’s intent        public in accordance with the
                                                    to file the proposed rule change along with a brief                                                                  For more information, contact Marsha
                                                    description and text of the proposed rule change,         provisions of 5 U.S.C. 552, will be                     Thurman, Overseas Security Advisory
                                                    at least five business days prior to the date of filing   available for Web site viewing and                      Council, U.S. Department of State,
                                                    of the proposed rule change, or such shorter time                                                                 Washington, DC 20522–2008, phone:
                                                    as designated by the Commission. The Exchange               21 For purposes only of waiving the operative
                                                    has met this requirement.                                                                                         571–345–2214.
                                                                                                              delay, the Commission has considered the proposed
                                                       19 17 CFR 240.19b–4(f)(6).
                                                                                                              rule’s impact on efficiency, competition, and capital
                                                       20 17 CFR 240.19b–4(f)(6)(iii).                        formation. See 15 U.S. C. 78c(f).                         22 17   CFR 200.30–3(a)(12).



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Document Created: 2018-02-23 09:18:05
Document Modified: 2018-02-23 09:18:05
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 40116 

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