80_FR_43643 80 FR 43503 - Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to AIM

80 FR 43503 - Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to AIM

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 140 (July 22, 2015)

Page Range43503-43505
FR Document2015-17891

Federal Register, Volume 80 Issue 140 (Wednesday, July 22, 2015)
[Federal Register Volume 80, Number 140 (Wednesday, July 22, 2015)]
[Notices]
[Pages 43503-43505]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17891]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75473; File No. SR-C2-2015-020]


Self-Regulatory Organizations; C2 Options Exchange, Incorporated; 
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change 
Relating to AIM

July 16, 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 14, 2015, C2 Options Exchange, Incorporated (the 
``Exchange'' or ``C2'') filed with the Securities and Exchange 
Commission (the ``Commission'') the proposed rule change as described 
in Items I and II below, which Items have been prepared by the 
Exchange. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
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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 proposed rule change proposes to amend the Exchange's rules 
related to its Automated Improvement Mechanism (``AIM''). The text of 
the proposed rule change is provided below.

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

C2 Options Exchange, Incorporated

Rules

* * * * *

Rule 6.51. Automated Improvement Mechanism (``AIM'')

    Notwithstanding the provisions of Rule 6.50, a Participant that 
represents agency orders may electronically execute an order it 
represents as agent (``Agency Order'') against principal interest or 
against a solicited order provided it submits the Agency Order for 
execution into the AIM auction (``Auction'') pursuant to this Rule.
    (a)-(b) No change.

. . . Interpretations and Policies:

    .01-.02 No change.
    .03 Initially, and for at least a Pilot Period expiring on July 18, 
201[5]6, there will be no minimum size requirement for orders to be 
eligible for the Auction. During this Pilot Period, the Exchange will 
submit certain data, periodically as required by the Commission, to 
provide supporting evidence that, among other things, there is 
meaningful competition for all size orders and that there is an active 
and liquid market functioning on the Exchange outside of the Auction 
mechanism. Any raw data which is submitted to the Commission will be 
provided on a confidential basis.
    .04-.09 No change.
* * * * *
    The text of the proposed rule change is also available on the 
Exchange's website (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
    In December 2009, the Securities and Exchange Commission (the 
``Commission'') approved adoption of C2's rules, including the AIM 
auction process.\3\ AIM exposes certain orders electronically to an 
auction process to provide these orders with the opportunity to receive 
an execution at an improved price. The AIM auction is available only 
for orders that a Trading Permit Holder represents as agent (``Agency 
Order'') and for which a second order of the same size as the Agency 
Order (and on the opposite side of the market) is also submitted 
(effectively stopping the Agency Order at a given price).\4\
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    \3\ See Securities Exchange Act Release No. 61152 (December 10, 
2009), 74 FR 66699 (December 16, 2009) (SR-C2-2011-015) [sic].
    \4\ The Exchange first activated AIM on October 17, 2011 for 
P.M.-settled options on the S&P 500 Index (SPXpm), which are no 
longer listed on the Exchange. Currently, AIM is not activated for 
any classes on C2.
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    The Commission approved on a pilot basis the component of AIM that 
there is no minimum size requirement for orders to be eligible for the 
auction. In connection with the pilot programs, the Exchange has 
submitted to the Commission reports providing detailed AIM auction and 
order execution data. The Exchange will provide the Commission six 
months of additional AIM auction and order execution data for the 
period of January 1, 2015 to June 30, 2015 no later than January 18, 
2016. The raw data provided will be submitted on a confidential basis. 
In addition, the Exchange will submit tables summarizing AIM price 
improvement statistics for each month of the January 1, 2015 to June 
30, 2015 period. The summary tables will be made available to the 
public. Five one-year extensions to the pilot program have previously 
become effective.\5\ The proposed rule change merely extends the 
duration of the pilot program until July 18, 2016. Extending the pilot 
for an additional year will allow the Commission more time to consider 
the impact of the pilot program on AIM order executions.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release Nos. 63238 (November 3, 
2010), 75 FR 68844 (November 9, 2010) (SR-C2-2010-008); 64929 (July 
20, 2011), 76 FR 44635 (July 26, 2011) (SR-C2-2011-015); 67303 (June 
28, 2012), 77 FR 39777 (July 5, 2012) (SR-C2-2012-021); 69868 (June 
27, 2013), 78 FR 40235 (July 3, 2013) (SR-C2-2013-023); and 72569 
(July 9, 2014), 79 FR 41337 [sic] (July 15, 2014) (SR-C2-2014-014).
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\6\ Specifically,

[[Page 43504]]

the Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \7\ 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) \8\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ Id.
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    In particular, the proposed rule change protects investors and the 
public interest by allowing for an extension of the AIM pilot program, 
and thus allowing additional time for the Commission to evaluate the 
AIM pilot program. The AIM pilot program will continue to allow smaller 
orders to receive the opportunity for price improvement pursuant to the 
AIM auction. The additional data provided will help the Commission 
determine if there is evidence of meaningful competition for all size 
orders, significant price improvement for orders going through the AIM 
and an active and liquid market functioning on the Exchange outside of 
the AIM Auction.

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

    C2 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 
the proposed rule change imposes any burden on intramarket competition 
because it applies to all Trading Permit Holders. All Trading Permit 
Holders that submit orders into an AIM auction are still subject to the 
same requirements. In addition, the Exchange does not believe the 
proposed rule change will impose any burden on intermarket competition, 
as it merely extends the duration of an existing pilot program, which 
is available to all market participants through Trading Permit Holders. 
AIM will continue to function in the same manner as it currently 
functions for an extended period of time.

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) of the Act \9\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 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 satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally 
does not become operative for 30 days after the date of filing. 
However, pursuant to Rule 19b-4(f)(6)(iii),\12\ 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 that waiver of the 30-day operative delay will allow the Exchange 
to extend the pilot program prior to its expiration on July 18, 2015. 
In addition, the Exchange believes that waiver of the operative delay 
is consistent with the protection of investors and the public interest 
because it will allow for the least amount of market disruption, as the 
pilot program will continue as it currently does maintaining the status 
quo.
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest, as 
it will allow the pilot program to continue uninterrupted, thereby 
avoiding any potential investor confusion that could result from a 
temporary interruption in the pilot program. Therefore, the Commission 
designates the proposed rule change to be operative on July 18, 
2015.\13\
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    \13\ 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. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-C2-2015-020 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-C2-2015-020. 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

[[Page 43505]]

10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-C2-2015-020, and should be 
submitted on or before August 12, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-17891 Filed 7-21-15; 08:45 am]
BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Notices                                                   43503

                                              No. 1, is consistent with Section 6(b)(5)                   Rule 6.51. Automated Improvement                      process.3 AIM exposes certain orders
                                              of the Act 15 and the rules and                             Mechanism (‘‘AIM’’)                                   electronically to an auction process to
                                              regulations thereunder applicable to a                         Notwithstanding the provisions of                  provide these orders with the
                                              national securities exchange.                               Rule 6.50, a Participant that represents              opportunity to receive an execution at
                                                                                                          agency orders may electronically                      an improved price. The AIM auction is
                                              IV. Conclusion
                                                                                                          execute an order it represents as agent               available only for orders that a Trading
                                                It is therefore ordered, pursuant to                                                                            Permit Holder represents as agent
                                                                                                          (‘‘Agency Order’’) against principal
                                              Section 19(b)(2) of the Exchange Act,                                                                             (‘‘Agency Order’’) and for which a
                                                                                                          interest or against a solicited order
                                              that the proposed rule change (SR–                                                                                second order of the same size as the
                                                                                                          provided it submits the Agency Order
                                              NYSEArca–2015–25), as modified by                                                                                 Agency Order (and on the opposite side
                                                                                                          for execution into the AIM auction
                                              Amendment No. 1, is hereby approved.                                                                              of the market) is also submitted
                                                                                                          (‘‘Auction’’) pursuant to this Rule.
                                                For the Commission, by the Division of                                                                          (effectively stopping the Agency Order
                                                                                                             (a)–(b) No change.
                                              Trading and Markets, pursuant to delegated                                                                        at a given price).4
                                              authority.16                                                . . . Interpretations and Policies:                      The Commission approved on a pilot
                                              Robert W. Errett,                                              .01–.02 No change.                                 basis the component of AIM that there
                                              Deputy Secretary.                                              .03 Initially, and for at least a Pilot            is no minimum size requirement for
                                              [FR Doc. 2015–17894 Filed 7–21–15; 8:45 am]                 Period expiring on July 18, 201[5]6,                  orders to be eligible for the auction. In
                                              BILLING CODE 8011–01–P                                      there will be no minimum size                         connection with the pilot programs, the
                                                                                                          requirement for orders to be eligible for             Exchange has submitted to the
                                                                                                          the Auction. During this Pilot Period,                Commission reports providing detailed
                                              SECURITIES AND EXCHANGE                                     the Exchange will submit certain data,                AIM auction and order execution data.
                                              COMMISSION                                                  periodically as required by the                       The Exchange will provide the
                                                                                                          Commission, to provide supporting                     Commission six months of additional
                                              [Release No. 34–75473; File No. SR–C2–                      evidence that, among other things, there              AIM auction and order execution data
                                              2015–020]                                                   is meaningful competition for all size                for the period of January 1, 2015 to June
                                                                                                          orders and that there is an active and                30, 2015 no later than January 18, 2016.
                                              Self-Regulatory Organizations; C2                           liquid market functioning on the                      The raw data provided will be
                                              Options Exchange, Incorporated;                             Exchange outside of the Auction                       submitted on a confidential basis. In
                                              Notice of Filing and Immediate                              mechanism. Any raw data which is                      addition, the Exchange will submit
                                              Effectiveness of a Proposed Rule                            submitted to the Commission will be                   tables summarizing AIM price
                                              Change Relating to AIM                                      provided on a confidential basis.                     improvement statistics for each month
                                                                                                             .04–.09 No change.                                 of the January 1, 2015 to June 30, 2015
                                              July 16, 2015.
                                                                                                                                                                period. The summary tables will be
                                                 Pursuant to Section 19(b)(1) of the                      *      *     *     *     *
                                                                                                                                                                made available to the public. Five one-
                                              Securities Exchange Act of 1934 (the                           The text of the proposed rule change
                                                                                                                                                                year extensions to the pilot program
                                              ‘‘Act’’),1 and Rule 19b–4 thereunder,2                      is also available on the Exchange’s
                                                                                                                                                                have previously become effective.5 The
                                              notice is hereby given that on July 14,                     website (http://www.cboe.com/
                                                                                                                                                                proposed rule change merely extends
                                              2015, C2 Options Exchange,                                  AboutCBOE/CBOELegalRegulatory
                                                                                                                                                                the duration of the pilot program until
                                              Incorporated (the ‘‘Exchange’’ or ‘‘C2’’)                   Home.aspx), at the Exchange’s Office of
                                                                                                                                                                July 18, 2016. Extending the pilot for an
                                              filed with the Securities and Exchange                      the Secretary, and at the Commission’s
                                                                                                                                                                additional year will allow the
                                              Commission (the ‘‘Commission’’) the                         Public Reference Room.
                                                                                                                                                                Commission more time to consider the
                                              proposed rule change as described in                        II. Self-Regulatory Organization’s                    impact of the pilot program on AIM
                                              Items I and II below, which Items have                      Statement of the Purpose of, and                      order executions.
                                              been prepared by the Exchange. The                          Statutory Basis for, the Proposed Rule
                                              Commission is publishing this notice to                                                                           2. Statutory Basis
                                                                                                          Change
                                              solicit comments on the proposed rule                                                                                The Exchange believes the proposed
                                              change from interested persons.                               In its filing with the Commission, the
                                                                                                          Exchange included statements                          rule change is consistent with the
                                              I. Self-Regulatory Organization’s                           concerning the purpose of and basis for               Securities Exchange Act of 1934 (the
                                              Statement of the Terms of Substance of                      the proposed rule change and discussed                ‘‘Act’’) and the rules and regulations
                                              the Proposed Rule Change                                    any comments it received on the                       thereunder applicable to the Exchange
                                                                                                          proposed rule change. The text of these               and, in particular, the requirements of
                                                 The proposed rule change proposes to
                                                                                                          statements may be examined at the                     Section 6(b) of the Act.6 Specifically,
                                              amend the Exchange’s rules related to
                                              its Automated Improvement Mechanism                         places specified in Item IV below. The
                                                                                                                                                                   3 See Securities Exchange Act Release No. 61152
                                              (‘‘AIM’’). The text of the proposed rule                    Exchange has prepared summaries, set
                                                                                                                                                                (December 10, 2009), 74 FR 66699 (December 16,
                                              change is provided below.                                   forth in sections A, B, and C below, of               2009) (SR–C2–2011–015) [sic].
                                              (additions are italicized; deletions are                    the most significant aspects of such                     4 The Exchange first activated AIM on October 17,

                                              [bracketed])                                                statements.                                           2011 for P.M.-settled options on the S&P 500 Index
                                                                                                                                                                (SPXpm), which are no longer listed on the
                                              *     *     *     *     *                                   A. Self-Regulatory Organization’s                     Exchange. Currently, AIM is not activated for any
                                                                                                          Statement of the Purpose of, and                      classes on C2.
                                              C2 Options Exchange, Incorporated                                                                                    5 See Securities Exchange Act Release Nos. 63238
                                                                                                          Statutory Basis for, the Proposed Rule
                                              Rules                                                                                                             (November 3, 2010), 75 FR 68844 (November 9,
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                          Change                                                2010) (SR–C2–2010–008); 64929 (July 20, 2011), 76
                                              *           *   *       *        *                          1. Purpose                                            FR 44635 (July 26, 2011) (SR–C2–2011–015); 67303
                                                                                                                                                                (June 28, 2012), 77 FR 39777 (July 5, 2012) (SR–C2–
                                                  15 15
                                                                                                             In December 2009, the Securities and               2012–021); 69868 (June 27, 2013), 78 FR 40235 (July
                                                        U.S.C. 78f(b)(5).                                                                                       3, 2013) (SR–C2–2013–023); and 72569 (July 9,
                                                  16 17 CFR 200.30–3(a)(12).
                                                                                                          Exchange Commission (the
                                                                                                                                                                2014), 79 FR 41337 [sic] (July 15, 2014) (SR–C2–
                                                  1 15 U.S.C. 78s(b)(1).                                  ‘‘Commission’’) approved adoption of                  2014–014).
                                                  2 17 CFR 240.19b–4.                                     C2’s rules, including the AIM auction                    6 15 U.S.C. 78f(b).




                                         VerDate Sep<11>2014      19:59 Jul 21, 2015   Jkt 235001   PO 00000   Frm 00118   Fmt 4703   Sfmt 4703   E:\FR\FM\22JYN1.SGM   22JYN1


                                              43504                            Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Notices

                                              the Exchange believes the proposed rule                      C. Self-Regulatory Organization’s                         rule change to be operative on July 18,
                                              change is consistent with the Section                        Statement on Comments on the                              2015.13
                                              6(b)(5) 7 requirements that the rules of                     Proposed Rule Change Received From                           At any time within 60 days of the
                                              an exchange be designed to prevent                           Members, Participants, or Others                          filing of the proposed rule change, the
                                              fraudulent and manipulative acts and                                                                                   Commission summarily may
                                              practices, to promote just and equitable                       The Exchange neither solicited nor                      temporarily suspend such rule change if
                                              principles of trade, to foster cooperation                   received comments on the proposed                         it appears to the Commission that such
                                              and coordination with persons engaged                        rule change.                                              action is necessary or appropriate in the
                                              in regulating, clearing, settling,                           III. Date of Effectiveness of the                         public interest, for the protection of
                                              processing information with respect to,                      Proposed Rule Change and Timing for                       investors, or otherwise in furtherance of
                                              and facilitating transactions in                             Commission Action                                         the purposes of the Act. If the
                                              securities, to remove impediments to                                                                                   Commission takes such action, the
                                              and perfect the mechanism of a free and                        Because the foregoing proposed rule                     Commission shall institute proceedings
                                              open market and a national market                            change does not: (i) Significantly affect                 to determine whether the proposed rule
                                              system, and, in general, to protect                          the protection of investors or the public                 should be approved or disapproved.
                                              investors and the public interest.                           interest; (ii) impose any significant
                                                                                                           burden on competition; and (iii) become                   IV. Solicitation of Comments
                                              Additionally, the Exchange believes the
                                              proposed rule change is consistent with                      operative for 30 days from the date on                      Interested persons are invited to
                                              the Section 6(b)(5) 8 requirement that                       which it was filed, or such shorter time                  submit written data, views, and
                                              the rules of an exchange not be designed                     as the Commission may designate, it has                   arguments concerning the foregoing,
                                              to permit unfair discrimination between                      become effective pursuant to Section                      including whether the proposed rule
                                              customers, issuers, brokers, or dealers.                     19(b)(3)(A) of the Act 9 and                              change is consistent with the Act.
                                                                                                           subparagraph (f)(6) of Rule 19b–4                         Comments may be submitted by any of
                                                 In particular, the proposed rule
                                                                                                           thereunder.10                                             the following methods:
                                              change protects investors and the public
                                              interest by allowing for an extension of                       A proposed rule change filed under
                                                                                                           Rule 19b-4(f)(6) 11 normally does not                     Electronic Comments
                                              the AIM pilot program, and thus
                                              allowing additional time for the                             become operative for 30 days after the                      • Use the Commission’s Internet
                                              Commission to evaluate the AIM pilot                         date of filing. However, pursuant to                      comment form (http://www.sec.gov/
                                              program. The AIM pilot program will                          Rule 19b-4(f)(6)(iii),12 the Commission                   rules/sro.shtml); or
                                              continue to allow smaller orders to                          may designate a shorter time if such                        • Send an email to rule-comments@
                                              receive the opportunity for price                            action is consistent with the protection                  sec.gov. Please include File Number SR–
                                              improvement pursuant to the AIM                              of investors and the public interest. The                 C2–2015–020 on the subject line.
                                              auction. The additional data provided                        Exchange requested that the
                                                                                                                                                                     Paper Comments
                                              will help the Commission determine if                        Commission waive the 30-day operative
                                              there is evidence of meaningful                              delay. The Exchange noted that waiver                       • Send paper comments in triplicate
                                              competition for all size orders,                             of the 30-day operative delay will allow                  to Brent J. Fields, Secretary, Securities
                                              significant price improvement for orders                     the Exchange to extend the pilot                          and Exchange Commission, 100 F Street
                                              going through the AIM and an active                          program prior to its expiration on July                   NE., Washington, DC 20549–1090.
                                              and liquid market functioning on the                         18, 2015. In addition, the Exchange                       All submissions should refer to File
                                              Exchange outside of the AIM Auction.                         believes that waiver of the operative                     Number SR–C2–2015–020. This file
                                                                                                           delay is consistent with the protection                   number should be included on the
                                              B. Self-Regulatory Organization’s                            of investors and the public interest                      subject line if email is used. To help the
                                              Statement on Burden on Competition                           because it will allow for the least                       Commission process and review your
                                                C2 does not believe that the proposed                      amount of market disruption, as the                       comments more efficiently, please use
                                              rule change will impose any burden on                        pilot program will continue as it                         only one method. The Commission will
                                              competition that is not necessary or                         currently does maintaining the status                     post all comments on the Commission’s
                                              appropriate in furtherance of the                            quo.                                                      Internet Web site (http://www.sec.gov/
                                              purposes of the Act. The Exchange does                         The Commission believes that                            rules/sro.shtml). Copies of the
                                              not believe the proposed rule change                         waiving the 30-day operative delay is                     submission, all subsequent
                                              imposes any burden on intramarket                            consistent with the protection of                         amendments, all written statements
                                              competition because it applies to all                        investors and the public interest, as it                  with respect to the proposed rule
                                              Trading Permit Holders. All Trading                          will allow the pilot program to continue                  change that are filed with the
                                              Permit Holders that submit orders into                       uninterrupted, thereby avoiding any                       Commission, and all written
                                              an AIM auction are still subject to the                      potential investor confusion that could                   communications relating to the
                                              same requirements. In addition, the                          result from a temporary interruption in                   proposed rule change between the
                                              Exchange does not believe the proposed                       the pilot program. Therefore, the                         Commission and any person, other than
                                              rule change will impose any burden on                        Commission designates the proposed                        those that may be withheld from the
                                              intermarket competition, as it merely                                                                                  public in accordance with the
                                              extends the duration of an existing pilot                         9 15
                                                                                                                   U.S.C. 78s(b)(3)(A).                              provisions of 5 U.S.C. 552, will be
                                              program, which is available to all                                10 17
                                                                                                                    CFR 240.19b–4(f)(6). In addition, Rule 19b–      available for Web site viewing and
                                              market participants through Trading                          4(f)(6) requires the Exchange to give the                 printing in the Commission’s Public
                                                                                                           Commission written notice of the Exchange’s intent        Reference Room, 100 F Street NE.,
tkelley on DSK3SPTVN1PROD with NOTICES




                                              Permit Holders. AIM will continue to                         to file the proposed rule change along with a brief
                                              function in the same manner as it                            description and text of the proposed rule change,         Washington, DC 20549 on official
                                              currently functions for an extended                          at least five business days prior to the date of filing   business days between the hours of
                                                                                                           of the proposed rule change, or such shorter time
                                              period of time.                                              as designated by the Commission. The Exchange               13 For purposes only of waiving the operative
                                                                                                           has satisfied this requirement.                           delay, the Commission has considered the proposed
                                                7 15    U.S.C. 78f(b)(5).                                     11 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                     rule’s impact on efficiency, competition, and capital
                                                8 Id.                                                         12 17 CFR 240.19b–4(f)(6)(iii).                        formation. See 15 U.S.C. 78c(f).



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                                                                             Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Notices                                                  43505

                                              10:00 a.m. and 3:00 p.m. Copies of such                  Rule G–45. The first submissions on                   would include technical specifications
                                              filing also will be available for                        Form G–45 currently are due August 29,                for the Form, such as data entry. User
                                              inspection and copying at the principal                  2015. The MSRB proposes an immediate                  Group members include representatives
                                              office of the Exchange. All comments                     effectiveness for the proposed rule                   from twelve different industry
                                              received will be posted without change;                  change. The proposed rule change                      organizations ranging from
                                              the Commission does not edit personal                    would extend by 60 days the due date                  organizations that are involved in the
                                              identifying information from                             under a previously approved rule for the              distribution of multiple 529 plans to
                                              submissions. You should submit only                      first submissions on Form G–45.                       those that participate in the distribution
                                              information that you wish to make                           The text of the proposed rule change               of interests in only one plan. The range
                                              available publicly. All submissions                      is available on the MSRB’s Web site at                of expertise of User Group members
                                              should refer to File Number SR–C2–                       www.msrb.org/Rules-and-                               includes data services provision and
                                              2015–020, and should be submitted on                     Interpretations/SEC-Filings/2015-                     program management.
                                              or before August 12, 2015.                               Filings.aspx, at the MSRB’s principal                    The User Group recommended that
                                                For the Commission, by the Division of                 office, and at the Commission’s Public                underwriters be afforded two methods
                                              Trading and Markets, pursuant to delegated               Reference Room.                                       of submitting data to the MSRB on Form
                                              authority.14                                                                                                   G–45—manual submissions through the
                                                                                                       II. Self-Regulatory Organization’s
                                              Robert W. Errett,                                                                                              MSRB’s Electronic Municipal Market
                                                                                                       Statement of the Purpose of, and
                                              Deputy Secretary.                                                                                              Access Web site (‘‘EMMA®’’) 4 dataport
                                                                                                       Statutory Basis for, the Proposed Rule
                                                                                                                                                             web user interface and automated
                                              [FR Doc. 2015–17891 Filed 7–21–15; 08:45 am]             Change
                                                                                                                                                             submissions through a computer-to-
                                              BILLING CODE 8011–01–P                                      In its filing with the Commission, the             computer (‘‘B2B’’) interface. MSRB staff
                                                                                                       MSRB included statements concerning                   was responsive to those
                                                                                                       the purpose of and basis for the                      recommendations, and developed the
                                              SECURITIES AND EXCHANGE
                                                                                                       proposed rule change and discussed any                two interfaces.
                                              COMMISSION
                                                                                                       comments it received on the proposed                     In February 2015, the MSRB released
                                              [Release No. 34–75454; File No. SR–MSRB–                 rule change. The text of these statements             the manual and opened a beta test
                                              2015–05]                                                 may be examined at the places specified               environment to assist underwriters with
                                                                                                       in Item IV below. The MSRB has                        their submissions. Since that time,
                                              Self-Regulatory Organizations;                           prepared summaries, set forth in                      underwriters and industry trade groups
                                              Municipal Securities Rulemaking                          Sections A, B, and C below, of the most               have discussed with MSRB staff the
                                              Board; Notice of Filing and Immediate                    significant aspects of such statements.               challenges that underwriters are facing
                                              Effectiveness of a Proposed Rule                                                                               with programming the data for
                                              Change Consisting of an Amendment                        A. Self-Regulatory Organization’s
                                                                                                       Statement of the Purpose of, and                      submission to the Board on Form G–45.
                                              to MSRB Rule G–45, on Reporting of                                                                             Their concerns center on the ability to
                                              Information on Municipal Fund                            Statutory Basis for, the Proposed Rule
                                                                                                       Change                                                program automated B2B submissions,
                                              Securities                                                                                                     particularly information about
                                              July 15, 2015.                                           1. Purpose                                            investment options in 529 plans.
                                                 Pursuant to Section 19(b)(1) of the                      The MSRB proposes to extend by 60                     529 plans typically offer numerous
                                              Securities Exchange Act of 1934 (the                     days until October 28, 2015 the date the              investment options with multiple
                                              ‘‘Act’’) 1 and Rule 19b–4 thereunder,2                   first submissions are due under Rule G–               underlying mutual funds. To gather
                                              notice is hereby given that on June 30,                  45 on Form G–45. On February 21,                      adequate information about 529 plans,
                                              2015, the Municipal Securities                           2014, the Commission approved the                     Form G–45 requires detailed data about
                                              Rulemaking Board (the ‘‘MSRB’’ or                        adoption of Rule G–45, on reporting of                the various investment options available
                                              ‘‘Board’’) filed with the Securities and                 municipal fund securities, and                        in 529 plans. The MSRB understands
                                              Exchange Commission (the ‘‘SEC’’ or                      electronic Form G–45, as well as                      that the programming of such
                                              ‘‘Commission’’) the proposed rule                        associated amendments to Rules G–8,                   information for a Form G–45 submission
                                              change as described in Items I and II                    on books and records, and G–9, on                     is particularly challenging for
                                              below, which Items have been prepared                    preservation of records.3 The effective               underwriters because the required data
                                              by the MSRB. The Commission is                           date for that rule change was February                must be collected from multiple
                                              publishing this notice to solicit                        24, 2015. The first submissions under                 computer systems. While the
                                              comments on the proposed rule change                     Rule G–45 are due August 29, 2015,                    programmers for underwriters may be
                                              from interested persons.                                 which is 60 days from the end of the                  challenged by meeting the unextended
                                                                                                       first reporting period of January 1–June              deadline for the first filings on Form G–
                                              I. Self-Regulatory Organization’s                        30, 2015. The purpose of Rule G–45 is                 45, after the first B2B filing, the process
                                              Statement of the Terms of Substance of                   to enable the MSRB to collect reliable                would be automated and is expected to
                                              the Proposed Rule Change                                 information about 529 college savings                 become more routine.
                                                 The MSRB filed with the Commission                    plans (‘‘529 plans’’) solely for regulatory              To help ensure that the MSRB
                                              a proposed rule change consisting of an                  purposes and to analyze that                          receives reliable, complete and accurate
                                              amendment to MSRB Rule G–45, on                          information to better understand the                  filings on Form G–45 and to mitigate the
                                              reporting of information on municipal                    market and the manner in which assets                 burdens imposed on underwriters that
                                              fund securities (‘‘proposed rule                         are invested.                                         are making their first submission under
                                              change’’). The proposed rule change                         After the SEC’s approval of Rule G–                Rule G–45, the MSRB submits this
tkelley on DSK3SPTVN1PROD with NOTICES




                                              would delay by 60 days, until October                    45 and Form G–45, MSRB staff formed                   proposed rule change to extend the date
                                              28, 2015, the date on which the first                    an industry User Group to develop the                 that the first submissions on Form G–45
                                              submissions must be made pursuant to                     Form G–45 User’s Manual (the                          are due by 60 days, until October 28,
                                                                                                       ‘‘manual’’), which the rule specifies                 2015. The proposed rule change would
                                                14 17 CFR 200.30–3(a)(12).                                                                                   double the time allowed for
                                                1 15 U.S.C. 78s(b)(1).                                   3 Exchange Act Release No. 71598 (Feb. 21, 2014),
                                                2 17 CFR 240.19b–4.                                    79 FR 11161 (Feb. 27, 2014) (SR–MSRB–2013–04).          4 EMMA   is a registered trademark of the MSRB.



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Document Created: 2015-12-15 12:55:10
Document Modified: 2015-12-15 12:55:10
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 43503 

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