80_FR_43688 80 FR 43548 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to AIM and FLEX AIM

80 FR 43548 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to AIM and FLEX AIM

SECURITIES AND EXCHANGE COMMISSION

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

Page Range43548-43550
FR Document2015-17889

Federal Register, Volume 80 Issue 140 (Wednesday, July 22, 2015)
[Federal Register Volume 80, Number 140 (Wednesday, July 22, 2015)]
[Notices]
[Pages 43548-43550]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17889]



[[Page 43548]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75476; File No. SR-CBOE-2015-068]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change Relating to AIM and FLEX 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, 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 proposed rule changes propose to amend the Exchange's rules 
related to its Automated Improvement Mechanism (``AIM'') and its 
Automated Improvement Mechanism (``AIM'') for Flexible Exchange Options 
(``FLEX Options'').\5\ The text of the proposed rule change is provided 
below.
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    \5\ FLEX Options provide investors with the ability to customize 
basic option features including size, expiration date, exercise 
style, and certain exercise prices. The rules governing the trading 
of FLEX Options on the FLEX Request for Quote (RFQ) System platform 
are contained in Chapter XXIVA. The rules governing the trading of 
FLEX Options on the FLEX Hybrid Trading System platform are 
contained in Chapter XXIVB.
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    (additions are italicized; deletions are [bracketed])
* * * * *
    Chicago Board Options Exchange, Incorporated Rules
* * * * *
    Rule 6.74A Automated Improvement Mechanism (``AIM'')
    Notwithstanding the provisions of Rule 6.74, a Trading Permit 
Holder 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 electronic 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-.05 No change.
    .06 Subparagraph (b)(2)(E) of this rule will be effective for a 
Pilot Period until July 18, 201[5]6. During the Pilot Period, the 
Exchange will submit certain data, periodically as required by the 
Commission, relating to the frequency with which early termination of 
the Auction occurs pursuant to this provision as well as any other 
provision, and also the frequency with which early termination pursuant 
to this provision results in favorable pricing for the Agency Order. 
Any raw data which is submitted to the Commission will be provided on a 
confidential basis.
    .07-.08 No change.
* * * * *
    Rule 24B.5A. FLEX Automated Improvement Mechanism
    Notwithstanding the provisions of Rule 24B.5, a FLEX Trader that 
represents agency orders may electronically execute an order it 
represents as agent (``Agency Order'') against principal interest and/
or against solicited orders provided it submits the Agency Order for 
execution into the automated improvement mechanism auction (``AIM 
Action'') pursuant to this Rule.
    (a)-(b) No change.
    This rule supersedes Exchange Rule 6.74A.
    . . . 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 AIM 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 AIM 
Auction. Any raw data which is submitted to the Commission will be 
provided on a confidential basis.
    .04-.07 No change.
* * * * *
    The text of the proposed rule change is also available on the 
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    In February 2006, CBOE obtained approval from the Securities and 
Exchange Commission (the ``Commission'') to adopt the AIM auction 
process.\6\ 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).
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    \6\ See Securities Exchange Release No. 53222 (February 3, 
2006), 71 FR 7089 (February 10, 2006) (SR-CBOE-2005-60).
---------------------------------------------------------------------------

    The Commission approved two components of AIM on a pilot basis: (1) 
That there is no minimum size requirement for orders to be eligible for 
the auction; and (2) that the auction will conclude prematurely anytime 
there is a quote lock on the Exchange pursuant to

[[Page 43549]]

Rule 6.45A(d).\7\ 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. Finally, the Exchange will submit data, for the period of 
January 1, 2015 to June 30, 2015, to the Commission with respect to 
situations in which the AIM is terminated prematurely and an analysis 
of the impact of unrelated orders on early auction terminations. The 
impact analysis will be made available to the public.
---------------------------------------------------------------------------

    \7\ A quote lock occurs when a CBOE Market-Maker's quote 
interacts with the quote of another CBOE Market-Maker (i.e. when 
internal quotes lock).
---------------------------------------------------------------------------

    Nine one-year extensions to the pilot programs have previously 
become effective.\8\ The proposed rule change merely extends the 
duration of the pilot programs until July 18, 2016. Extending the 
pilots for an additional year will allow the Commission more time to 
consider the impact of the pilot programs on AIM order executions.
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    \8\ See Securities Exchange Act Release Nos. 54147 (July 14, 
2006), 71 FR 41487 (July 21, 2006) (SR-CBOE-2006-64); 56094 (July 
18, 2007), 72 FR 40910 (July 25, 2007) (SR-CBOE-2007-80); 58196 
(July 18, 2008), 73 FR 43803 (July 28, 2008) (SR-CBOE-2008-76) (in 
this filing, the Exchange agreed to provide to the Commission 
additional information relating to the AIM auctions each month in 
order to aid the Commission in its evaluation of the pilot program, 
which the Exchange will continue to do); 60338 (July 17, 2009), 74 
FR 36803 (July 24, 2009) (SR-CBOE-2009-051); 62522 (July 16, 2010), 
75 FR 43596 (July 26, 2010) (SR-CBOE-2010-067); 64930 (July 20, 
2011), 76 FR 44636 (July 26, 2011) (SR-CBOE-2011-066); 67302 (June 
28, 2012), 77 FR 39779 (July 5, 2012) (SR-CBOE-2012-061); 69867 
(June 27, 2013), 78 FR 40230 (July 3, 2013) (SR-CBOE-2013-066); and 
72570 (July 9, 2014), 79 FR 41337 (July 15, 2014) (SR-CBOE-2014-
054).
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    Additionally, in March 2012, CBOE obtained approval from the 
Commission to adopt the AIM auction process for FLEX Options.\9\ AIM 
for FLEX Options exposes certain FLEX Options orders electronically to 
an auction process to provide these orders with the opportunity to 
receive an execution at an improved price. The FLEX AIM auction is 
available only for Agency Orders 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).
---------------------------------------------------------------------------

    \9\ See Securities Exchange Release No. 66702 (March 30, 2012), 
77 FR 20675 (April 5, 2012) (SR-CBOE-2011-123).
---------------------------------------------------------------------------

    The Commission approved on a pilot basis the component of AIM for 
FLEX Options that there is no minimum size requirement for orders to be 
eligible for the auction.\10\ In connection with the pilot program, the 
Exchange has submitted to the Commission reports providing detailed 
FLEX AIM auction and order execution data. The Exchange will provide 
the Commission six months of additional FLEX 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 FLEX 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. Three one-year extensions to the pilot 
program have previously become effective.\11\ 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 for FLEX Options.
---------------------------------------------------------------------------

    \10\ The pilot for the FLEX AIM auction process was modeled 
after the pilot for non-FLEX Options described above, and included 
an initial expiration date of July 18, 2012 so that the FLEX pilot 
would coincide with the existing non-FLEX pilot.
    \11\ See Securities Exchange Act Release No. 67302 (June 28, 
2012), 77 FR 39779 (July 5, 2012) (SR-CBOE-2012-061); 69938 (July 5, 
2013), 78 FR 41481 (July 10, 2013) (SR-CBOE-2013-069); and 72570 
(July 9, 2014), 79 FR 41337 (July 15, 2014) (SR-CBOE-2014-054).
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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.\12\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \13\ 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) \14\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ Id.
---------------------------------------------------------------------------

    In particular, the proposed rule change protects investors and the 
public interest by allowing for an extension of the AIM and FLEX AIM 
pilot programs, and thus allowing additional time for the Commission to 
evaluate the pilot programs. The pilot programs will continue to allow 
(1) smaller non-FLEX option and FLEX Option orders to receive the 
opportunity for price improvement pursuant to the AIM auction, and (2) 
with respect to non-FLEX options, Agency Orders in AIM auctions that 
are concluded early because of quote lock on the Exchange to receive 
the benefit of the lock price. 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 FLEX AIM and an active and liquid market 
functioning on the Exchange outside of the AIM and FLEX AIM auctions.

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

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

[[Page 43550]]

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 \15\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\16\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \17\ normally 
does not become operative for 30 days after the date of filing. 
However, pursuant to Rule 19b-4(f)(6)(iii),\18\ 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 programs prior to their expiration on July 18, 
2015. In addition, the Exchange believes that waiver of the operative 
delay is also consistent with the protection of investors and the 
public interest because it will allow for the least amount of market 
disruption, as the pilot programs will continue as they currently do, 
maintaining the status quo.
---------------------------------------------------------------------------

    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 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, as 
it will allow the pilot programs to continue uninterrupted, thereby 
avoiding any potential investor confusion that could result from a 
temporary interruption in the pilot programs. Therefore, the Commission 
designates the proposed rule change to be operative on July 18, 
2015.\19\
---------------------------------------------------------------------------

    \19\ 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-2015-068 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-2015-068. 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-2015-068 and should be 
submitted on or before August 12, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-17889 Filed 7-21-15; 8:45 am]
BILLING CODE 8011-01-P



                                              43548                        Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Notices

                                              SECURITIES AND EXCHANGE                                  represents as agent (‘‘Agency Order’’)                Commission, to provide supporting
                                              COMMISSION                                               against principal interest or against a               evidence that, among other things, there
                                                                                                       solicited order provided it submits the               is meaningful competition for all size
                                              [Release No. 34–75476; File No. SR–CBOE–
                                                                                                       Agency Order for electronic execution                 orders and that there is an active and
                                              2015–068]
                                                                                                       into the AIM auction (‘‘Auction’’)                    liquid market functioning on the
                                              Self-Regulatory Organizations;                           pursuant to this Rule.                                Exchange outside of the AIM Auction.
                                              Chicago Board Options Exchange,                             (a)–(b) No change.                                 Any raw data which is submitted to the
                                              Incorporated; Notice of Filing and                          . . . Interpretations and Policies:                Commission will be provided on a
                                              Immediate Effectiveness of a Proposed                       .01–.02 No change.                                 confidential basis.
                                              Rule Change Relating to AIM and FLEX                        .03 Initially, and for at least a Pilot               .04–.07 No change.
                                              AIM                                                      Period expiring on July 18, 201[5]6,                  *      *     *    *    *
                                                                                                       there will be no minimum size                            The text of the proposed rule change
                                              July 16, 2015.                                           requirement for orders to be eligible for             is also available on the Exchange’s Web
                                                 Pursuant to Section 19(b)(1) of the                   the Auction. During this Pilot Period,                site (http://www.cboe.com/AboutCBOE/
                                              Securities Exchange Act of 1934 (the                     the Exchange will submit certain data,                CBOELegalRegulatoryHome.aspx), at
                                              ‘‘Act’’),1 and Rule 19b–4 thereunder,2                   periodically as required by the                       the Exchange’s Office of the Secretary,
                                              notice is hereby given that on July 14,                  Commission, to provide supporting                     and at the Commission’s Public
                                              2015, Chicago Board Options Exchange,                    evidence that, among other things, there              Reference Room.
                                              Incorporated (the ‘‘Exchange’’ or                        is meaningful competition for all size                II. Self-Regulatory Organization’s
                                              ‘‘CBOE’’) filed with the Securities and                  orders and that there is an active and                Statement of the Purpose of, and
                                              Exchange Commission (the                                 liquid market functioning on the                      Statutory Basis for, the Proposed Rule
                                              ‘‘Commission’’) the proposed rule                        Exchange outside of the Auction                       Change
                                              change as described in Items I and II                    mechanism. Any raw data which is
                                              below, which Items have been prepared                    submitted to the Commission will be                      In its filing with the Commission, the
                                              by the Exchange. The Exchange filed the                  provided on a confidential basis.                     Exchange included statements
                                              proposal as a ‘‘non-controversial’’                         .04–.05 No change.                                 concerning the purpose of and basis for
                                              proposed rule change pursuant to                            .06 Subparagraph (b)(2)(E) of this rule            the proposed rule change and discussed
                                              Section 19(b)(3)(A)(iii) of the Act 3 and                will be effective for a Pilot Period until            any comments it received on the
                                              Rule 19b–4(f)(6) thereunder.4 The                        July 18, 201[5]6. During the Pilot Period,            proposed rule change. The text of these
                                              Commission is publishing this notice to                  the Exchange will submit certain data,                statements may be examined at the
                                              solicit comments on the proposed rule                    periodically as required by the                       places specified in Item IV below. The
                                              change from interested persons.                          Commission, relating to the frequency                 Exchange has prepared summaries, set
                                                                                                       with which early termination of the                   forth in sections A, B, and C below, of
                                              I. Self-Regulatory Organization’s                                                                              the most significant aspects of such
                                                                                                       Auction occurs pursuant to this
                                              Statement of the Terms of Substance of                                                                         statements.
                                                                                                       provision as well as any other provision,
                                              the Proposed Rule Change
                                                                                                       and also the frequency with which early               A. Self-Regulatory Organization’s
                                                 The proposed rule changes propose to                  termination pursuant to this provision                Statement of the Purpose of, and
                                              amend the Exchange’s rules related to                    results in favorable pricing for the                  Statutory Basis for, the Proposed Rule
                                              its Automated Improvement Mechanism                      Agency Order. Any raw data which is                   Change
                                              (‘‘AIM’’) and its Automated                              submitted to the Commission will be
                                              Improvement Mechanism (‘‘AIM’’) for                                                                            1. Purpose
                                                                                                       provided on a confidential basis.
                                              Flexible Exchange Options (‘‘FLEX                           .07–.08 No change.                                    In February 2006, CBOE obtained
                                              Options’’).5 The text of the proposed                    *      *     *     *     *                            approval from the Securities and
                                              rule change is provided below.                              Rule 24B.5A. FLEX Automated                        Exchange Commission (the
                                                 (additions are italicized; deletions are              Improvement Mechanism                                 ‘‘Commission’’) to adopt the AIM
                                              [bracketed])                                                                                                   auction process.6 AIM exposes certain
                                                                                                          Notwithstanding the provisions of
                                              *     *     *     *      *                                                                                     orders electronically to an auction
                                                                                                       Rule 24B.5, a FLEX Trader that
                                                 Chicago Board Options Exchange,                                                                             process to provide these orders with the
                                                                                                       represents agency orders may
                                              Incorporated Rules                                                                                             opportunity to receive an execution at
                                                                                                       electronically execute an order it
                                                                                                                                                             an improved price. The AIM auction is
                                              *     *     *     *      *                               represents as agent (‘‘Agency Order’’)
                                                                                                                                                             available only for orders that a Trading
                                                 Rule 6.74A Automated Improvement                      against principal interest and/or against
                                                                                                                                                             Permit Holder represents as agent
                                              Mechanism (‘‘AIM’’)                                      solicited orders provided it submits the
                                                                                                                                                             (‘‘Agency Order’’) and for which a
                                                 Notwithstanding the provisions of                     Agency Order for execution into the
                                                                                                                                                             second order of the same size as the
                                              Rule 6.74, a Trading Permit Holder that                  automated improvement mechanism
                                                                                                                                                             Agency Order (and on the opposite side
                                              represents agency orders may                             auction (‘‘AIM Action’’) pursuant to this
                                                                                                                                                             of the market) is also submitted
                                              electronically execute an order it                       Rule.
                                                                                                                                                             (effectively stopping the Agency Order
                                                                                                          (a)–(b) No change.
                                                                                                                                                             at a given price).
                                                1 15 U.S.C. 78s(b)(1).                                    This rule supersedes Exchange Rule
                                                                                                                                                                The Commission approved two
                                                2 17 CFR 240.19b–4.                                    6.74A.
                                                3 15 U.S.C. 78s(b)(3)(A)(iii).                                                                               components of AIM on a pilot basis: (1)
                                                                                                          . . . Interpretations and Policies:
                                                4 17 CFR 240.19b–4(f)(6).                                                                                    That there is no minimum size
                                                                                                          .01–.02 No change.
                                                5 FLEX Options provide investors with the ability                                                            requirement for orders to be eligible for
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                          .03 Initially, and for at least a Pilot
                                              to customize basic option features including size,                                                             the auction; and (2) that the auction will
                                              expiration date, exercise style, and certain exercise    Period expiring on July 18, 201[5]6,
                                                                                                                                                             conclude prematurely anytime there is a
                                              prices. The rules governing the trading of FLEX          there will be no minimum size
                                              Options on the FLEX Request for Quote (RFQ)                                                                    quote lock on the Exchange pursuant to
                                                                                                       requirement for orders to be eligible for
                                              System platform are contained in Chapter XXIVA.
                                              The rules governing the trading of FLEX Options on
                                                                                                       the AIM Auction. During this Pilot                      6 See Securities Exchange Release No. 53222

                                              the FLEX Hybrid Trading System platform are              Period, the Exchange will submit certain              (February 3, 2006), 71 FR 7089 (February 10, 2006)
                                              contained in Chapter XXIVB.                              data, periodically as required by the                 (SR–CBOE–2005–60).



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                                                                           Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Notices                                           43549

                                              Rule 6.45A(d).7 In connection with the                   the same size as the Agency Order (and                open market and a national market
                                              pilot programs, the Exchange has                         on the opposite side of the market) is                system, and, in general, to protect
                                              submitted to the Commission reports                      also submitted (effectively stopping the              investors and the public interest.
                                              providing detailed AIM auction and                       Agency Order at a given price).                       Additionally, the Exchange believes the
                                              order execution data. The Exchange will                     The Commission approved on a pilot                 proposed rule change is consistent with
                                              provide the Commission six months of                     basis the component of AIM for FLEX                   the Section 6(b)(5) 14 requirement that
                                              additional AIM auction and order                         Options that there is no minimum size                 the rules of an exchange not be designed
                                              execution data for the period of January                 requirement for orders to be eligible for             to permit unfair discrimination between
                                              1, 2015 to June 30, 2015 no later than                   the auction.10 In connection with the
                                                                                                                                                             customers, issuers, brokers, or dealers.
                                              January 18, 2016. The raw data provided                  pilot program, the Exchange has
                                              will be submitted on a confidential                      submitted to the Commission reports                      In particular, the proposed rule
                                              basis. In addition, the Exchange will                    providing detailed FLEX AIM auction                   change protects investors and the public
                                              submit tables summarizing AIM price                      and order execution data. The Exchange                interest by allowing for an extension of
                                              improvement statistics for each month                    will provide the Commission six                       the AIM and FLEX AIM pilot programs,
                                              of the January 1, 2015 to June 30, 2015                  months of additional FLEX AIM auction                 and thus allowing additional time for
                                              period. The summary tables will be                       and order execution data for the period               the Commission to evaluate the pilot
                                              made available to the public. Finally,                   of January 1, 2015 to June 30, 2015 no                programs. The pilot programs will
                                              the Exchange will submit data, for the                   later than January 18, 2016. The raw                  continue to allow (1) smaller non-FLEX
                                              period of January 1, 2015 to June 30,                    data provided will be submitted on a                  option and FLEX Option orders to
                                              2015, to the Commission with respect to                  confidential basis. In addition, the                  receive the opportunity for price
                                              situations in which the AIM is                           Exchange will submit tables                           improvement pursuant to the AIM
                                              terminated prematurely and an analysis                   summarizing FLEX AIM price                            auction, and (2) with respect to non-
                                              of the impact of unrelated orders on                     improvement statistics for each month                 FLEX options, Agency Orders in AIM
                                              early auction terminations. The impact                   of the January 1, 2015 to June 30, 2015
                                                                                                                                                             auctions that are concluded early
                                              analysis will be made available to the                   period. The summary tables will be
                                                                                                                                                             because of quote lock on the Exchange
                                              public.                                                  made available to the public. Three one-
                                                 Nine one-year extensions to the pilot                 year extensions to the pilot program                  to receive the benefit of the lock price.
                                              programs have previously become                          have previously become effective.11 The               The additional data provided will help
                                              effective.8 The proposed rule change                     proposed rule change merely extends                   the Commission determine if there is
                                              merely extends the duration of the pilot                 the duration of the pilot program until               evidence of meaningful competition for
                                              programs until July 18, 2016. Extending                  July 18, 2016. Extending the pilot for an             all size orders, significant price
                                              the pilots for an additional year will                   additional year will allow the                        improvement for orders going through
                                              allow the Commission more time to                        Commission more time to consider the                  the AIM and FLEX AIM and an active
                                              consider the impact of the pilot                         impact of the pilot program on AIM                    and liquid market functioning on the
                                              programs on AIM order executions.                        order executions for FLEX Options.                    Exchange outside of the AIM and FLEX
                                                 Additionally, in March 2012, CBOE                                                                           AIM auctions.
                                              obtained approval from the Commission                    2. Statutory Basis
                                              to adopt the AIM auction process for                        The Exchange believes the proposed                 B. Self-Regulatory Organization’s
                                              FLEX Options.9 AIM for FLEX Options                      rule change is consistent with the                    Statement on Burden on Competition
                                              exposes certain FLEX Options orders                      Securities Exchange Act of 1934 (the
                                                                                                       ‘‘Act’’) and the rules and regulations                  CBOE does not believe that the
                                              electronically to an auction process to
                                                                                                       thereunder applicable to the Exchange                 proposed rule changes will impose any
                                              provide these orders with the
                                              opportunity to receive an execution at                   and, in particular, the requirements of               burden on competition that is not
                                              an improved price. The FLEX AIM                          Section 6(b) of the Act.12 Specifically,              necessary or appropriate in furtherance
                                              auction is available only for Agency                     the Exchange believes the proposed rule               of the purposes of the Act. The
                                              Orders and for which a second order of                   change is consistent with the Section                 Exchange does not believe the proposed
                                                                                                       6(b)(5) 13 requirements that the rules of             rule changes impose any burden on
                                                 7 A quote lock occurs when a CBOE Market-             an exchange be designed to prevent                    intramarket competition because it
                                              Maker’s quote interacts with the quote of another        fraudulent and manipulative acts and                  applies to all Trading Permit Holders.
                                              CBOE Market-Maker (i.e. when internal quotes
                                              lock).
                                                                                                       practices, to promote just and equitable              All Trading Permit Holders that submit
                                                 8 See Securities Exchange Act Release Nos. 54147      principles of trade, to foster cooperation            orders into an AIM or FLEX AIM
                                              (July 14, 2006), 71 FR 41487 (July 21, 2006) (SR–        and coordination with persons engaged                 auction are still subject to the same
                                              CBOE–2006–64); 56094 (July 18, 2007), 72 FR              in regulating, clearing, settling,                    requirements. In addition, the Exchange
                                              40910 (July 25, 2007) (SR–CBOE–2007–80); 58196
                                              (July 18, 2008), 73 FR 43803 (July 28, 2008) (SR–
                                                                                                       processing information with respect to,               does not believe the proposed rule
                                              CBOE–2008–76) (in this filing, the Exchange agreed       and facilitating transactions in                      changes will impose any burden on
                                              to provide to the Commission additional                  securities, to remove impediments to                  intermarket competition, as they merely
                                              information relating to the AIM auctions each            and perfect the mechanism of a free and
                                              month in order to aid the Commission in its
                                                                                                                                                             extend the duration of an existing pilot
                                              evaluation of the pilot program, which the                                                                     programs, which are available to all
                                                                                                          10 The pilot for the FLEX AIM auction process
                                              Exchange will continue to do); 60338 (July 17,
                                                                                                       was modeled after the pilot for non-FLEX Options
                                                                                                                                                             market participants through Trading
                                              2009), 74 FR 36803 (July 24, 2009) (SR–CBOE–
                                              2009–051); 62522 (July 16, 2010), 75 FR 43596 (July      described above, and included an initial expiration   Permit Holders. AIM and FLEX AIM
                                              26, 2010) (SR–CBOE–2010–067); 64930 (July 20,            date of July 18, 2012 so that the FLEX pilot would    will continue to function in the same
                                              2011), 76 FR 44636 (July 26, 2011) (SR–CBOE–             coincide with the existing non-FLEX pilot.            manner as they currently function for an
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                                                                                                          11 See Securities Exchange Act Release No. 67302
                                              2011–066); 67302 (June 28, 2012), 77 FR 39779 (July                                                            extended period of time.
                                              5, 2012) (SR–CBOE–2012–061); 69867 (June 27,             (June 28, 2012), 77 FR 39779 (July 5, 2012) (SR–
                                              2013), 78 FR 40230 (July 3, 2013) (SR–CBOE–2013–         CBOE–2012–061); 69938 (July 5, 2013), 78 FR
                                              066); and 72570 (July 9, 2014), 79 FR 41337 (July        41481 (July 10, 2013) (SR–CBOE–2013–069); and
                                              15, 2014) (SR–CBOE–2014–054).                            72570 (July 9, 2014), 79 FR 41337 (July 15, 2014)
                                                 9 See Securities Exchange Release No. 66702           (SR–CBOE–2014–054).
                                                                                                          12 15 U.S.C. 78f(b).
                                              (March 30, 2012), 77 FR 20675 (April 5, 2012) (SR–
                                              CBOE–2011–123).                                             13 15 U.S.C. 78f(b)(5).                              14 Id.




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                                              43550                          Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Notices

                                              C. Self-Regulatory Organization’s                         designates the proposed rule change to                  received will be posted without change;
                                              Statement on Comments on the                              be operative on July 18, 2015.19                        the Commission does not edit personal
                                              Proposed Rule Change Received From                           At any time within 60 days of the                    identifying information from
                                              Members, Participants, or Others                          filing of the proposed rule change, the                 submissions. You should submit only
                                                                                                        Commission summarily may                                information that you wish to make
                                                The Exchange neither solicited nor                      temporarily suspend such rule change if                 available publicly. All submissions
                                              received comments on the proposed                         it appears to the Commission that such                  should refer to File Number SR–CBOE–
                                              rule change.                                              action is necessary or appropriate in the               2015–068 and should be submitted on
                                              III. Date of Effectiveness of the                         public interest, for the protection of                  or before August 12, 2015.
                                              Proposed Rule Change and Timing for                       investors, or otherwise in furtherance of                 For the Commission, by the Division of
                                              Commission Action                                         the purposes of the Act.                                Trading and Markets, pursuant to delegated
                                                                                                        IV. Solicitation of Comments                            authority.20
                                                Because the foregoing proposed rule
                                                                                                                                                                Robert W. Errett,
                                              change does not: (i) Significantly affect                   Interested persons are invited to
                                              the protection of investors or the public                                                                         Deputy Secretary.
                                                                                                        submit written data, views, and
                                              interest; (ii) impose any significant                                                                             [FR Doc. 2015–17889 Filed 7–21–15; 8:45 am]
                                                                                                        arguments concerning the foregoing,
                                              burden on competition; and (iii) become                   including whether the proposed rule                     BILLING CODE 8011–01–P
                                              operative for 30 days from the date on                    change is consistent with the Act.
                                              which it was filed, or such shorter time                  Comments may be submitted by any of
                                              as the Commission may designate, it has                   the following methods:                                  DEPARTMENT OF TRANSPORTATION
                                              become effective pursuant to Section
                                              19(b)(3)(A) of the Act 15 and                             Electronic Comments                                     Federal Aviation Administration
                                              subparagraph (f)(6) of Rule 19b–4                           • Use the Commission’s Internet                       Notice of Intent To Rule on the Change
                                              thereunder.16                                             comment form (http://www.sec.gov/                       of Use of Aeronautical Property at
                                                A proposed rule change filed under                      rules/sro.shtml); or                                    Coastal Carolina Regional Airport, New
                                              Rule 19b–4(f)(6) 17 normally does not                       • Send an email to rule-comments@                     Bern, NC
                                              become operative for 30 days after the                    sec.gov. Please include File Number SR–
                                              date of filing. However, pursuant to                      CBOE–2015–068 on the subject line.                      AGENCY:  Federal Aviation
                                              Rule 19b–4(f)(6)(iii),18 the Commission                                                                           Administration (FAA), DOT.
                                                                                                        Paper Comments
                                              may designate a shorter time if such                                                                              ACTION: Request for public comment.
                                              action is consistent with the protection                     • Send paper comments in triplicate
                                              of investors and the public interest. The                 to Secretary, Securities and Exchange                   SUMMARY:   The Federal Aviation
                                              Exchange requested that the                               Commission, 100 F Street NE.,                           Administration is requesting public
                                              Commission waive the 30-day operative                     Washington, DC 20549–1090.                              comment on a request by the Coastal
                                              delay. The Exchange noted that waiver                     All submissions should refer to File                    Carolina Regional Airport to change the
                                              of the 30-day operative delay will allow                  Number SR–CBOE–2015–068. This file                      use of a portion of airport property at
                                              the Exchange to extend the pilot                          number should be included on the                        the Coastal Carolina Regional Airport.
                                              programs prior to their expiration on                     subject line if email is used. To help the              The request consists of approximately
                                              July 18, 2015. In addition, the Exchange                  Commission process and review your                      11.7 acres for use as a future non-
                                              believes that waiver of the operative                     comments more efficiently, please use                   aeronautical development area. This
                                              delay is also consistent with the                         only one method. The Commission will                    action is taken under the provisions of
                                              protection of investors and the public                    post all comments on the Commission’s                   Section 125 of the Wendell H. Ford
                                              interest because it will allow for the                    Internet Web site (http://www.sec.gov/                  Aviation Investment Reform Act for the
                                              least amount of market disruption, as                     rules/sro.shtml). Copies of the                         21st Century (AIR 21).
                                              the pilot programs will continue as they                  submission, all subsequent                              DATES: Comments must be received on
                                              currently do, maintaining the status                      amendments, all written statements                      or before August 21, 2015.
                                              quo.                                                      with respect to the proposed rule                       ADDRESSES: Documents are available for
                                                The Commission believes that                            change that are filed with the                          review at the Coastal Carolina Regional
                                              waiving the 30-day operative delay is                     Commission, and all written                             Airport, 200 Terminal Drive, New Bern,
                                              consistent with the protection of                         communications relating to the                          NC 28564; and the FAA Memphis
                                              investors and the public interest, as it                  proposed rule change between the                        Airports District Office, 2600 Thousand
                                              will allow the pilot programs to                          Commission and any person, other than                   Oaks Boulevard, Suite 2250, Memphis,
                                              continue uninterrupted, thereby                           those that may be withheld from the                     TN 38118–2482. Written comments on
                                              avoiding any potential investor                           public in accordance with the                           the Sponsor’s request must be delivered
                                              confusion that could result from a                        provisions of 5 U.S.C. 552, will be                     or mailed to: Mr. Phillip J. Braden,
                                              temporary interruption in the pilot                       available for Web site viewing and                      Manager, Memphis Airports District
                                              programs. Therefore, the Commission                       printing in the Commission’s Public                     Office, 2600 Thousand Oaks Boulevard,
                                                                                                        Reference Room, 100 F Street NE.,                       Suite 2250, Memphis, TN 38118–2482.
                                                15 15  U.S.C. 78s(b)(3)(A).                             Washington, DC 20549 on official                          In addition, a copy of any comments
                                                16 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      business days between the hours of                      submitted to the FAA must be mailed or
                                              4(f)(6) requires the Exchange to give the                 10:00 a.m. and 3:00 p.m. Copies of the                  delivered to Mr. Tom Braaten, Airport
                                              Commission written notice of the Exchange’s intent        filing also will be available for
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                                              to file the proposed rule change along with a brief                                                               Director, Coastal Carolina Regional
                                              description and text of the proposed rule change,         inspection and copying at the principal                 Airport Authority, 200 Terminal Drive,
                                              at least five business days prior to the date of filing   office of the Exchange. All comments                    P.O. Box 3258, New Bern, NC 28564.
                                              of the proposed rule change, or such shorter time
                                              as designated by the Commission. The Exchange               19 For purposes only of waiving the operative
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT: Mr.
                                              has satisfied this requirement.                           delay, the Commission has considered the proposed       Michael L. Thompson, Program
                                                 17 17 CFR 240.19b–4(f)(6).
                                                                                                        rule’s impact on efficiency, competition, and capital
                                                 18 17 CFR 240.19b–4(f)(6)(iii).                        formation. See 15 U.S.C. 78c(f).                          20 17   CFR 200.30–3(a)(12).



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Document Created: 2015-12-15 12:54:47
Document Modified: 2015-12-15 12:54:47
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 43548 

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