80_FR_45404 80 FR 45259 - Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Price Check Parameters

80 FR 45259 - Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Price Check Parameters

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 145 (July 29, 2015)

Page Range45259-45264
FR Document2015-18540

Federal Register, Volume 80 Issue 145 (Wednesday, July 29, 2015)
[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Notices]
[Pages 45259-45264]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18540]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75516; File No. SR-C2-2015-021]


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

July 23, 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 17, 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 Exchange proposes to amend Rules 6.13 and 6.17 relating to 
price check parameters on the Exchange. The text of the proposed rule 
change is provided in Exhibit 5 and 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.

[[Page 45260]]

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

1. Purpose
    Under Rule 6.17, C2 does not automatically execute eligible orders 
that are marketable if (i) the width between the national best bid and 
offer (the ``NBBO'') is not within an acceptable price range (as 
established by the Exchange on a series by series basis for market 
orders and/or marketable limit orders within certain parameters and 
announced to Trading Permit Holders (``TPHs'') via Regulatory Circular) 
(the ``market width parameter''), or (ii) the execution would follow an 
initial partial execution on the Exchange and would be at a subsequent 
price that is not within an acceptable tick distance (``ATD'') from the 
initial execution (as determined by the Exchange on a series by series 
and premium basis for market order and/or marketable limit orders and 
announced to TPHs by Regulatory Circular) (the ``drill through 
parameter'').
    The purpose of this proposed rule change is, first, to codify 
another price reasonability check within Rule 6.17. The reasonability 
check is currently in use but not expressly covered in the rules. 
Specifically, under this reasonability check, referred to as the 
``limit order price parameter,'' the Exchange will not accept for 
execution eligible limit orders if (i) prior to the opening (including 
before a series is opened following a halt),\3\ the order is to buy are 
at more than an acceptable tick distance above the Exchange's previous 
day's close or the order is to sell are at more than an acceptable tick 
distance below the Exchange's previous day's close (such ATD will be as 
determined by the Exchange on a series by series and premium basis and 
announced to TPHs by Regulatory Circular); \4\ or, (ii) once a series 
has opened, the order is to buy are at more than an acceptable tick 
distance above the disseminated Exchange offer or the order to sell are 
at more than an acceptable tick distance below the disseminated 
Exchange bid (such ATD will be as determined by the Exchange on a 
series by series and premium basis and announced to TPHs by Regulatory 
Circular).\5\ The Exchange will not apply pre-opening limit order price 
parameters to limit orders of Exchange Market-Makers or away Market-
Makers, or to Intermarket Sweep Orders (``ISOs'') as such cannot be 
entered prior to the opening on the System.\6\ Once a series has 
opened, limit order price parameters will be applied to ISOs in all 
classes in which the limit order price parameter is activated.\7\ The 
Exchange may determine on a class by class basis and announce via 
Regulatory Circular whether to apply the parameters in (i) and/or (ii) 
above to immediate-or-cancel orders if doing so would be necessary or 
appropriate in furtherance of the interests of investors and the 
promotion of fair and orderly markets.\8\
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    \3\ This includes halts that may occur at any time after the 
opening of trading on a particular trading day. The Exchange notes 
that this is the manner in which the limit order price parameter 
functionality currently operates. The Exchange believes that this 
functionality provides an additional safeguard to consider the 
reasonableness of limit order pricing prior to a re-opening 
following a trading halt.
    \4\ This parameter for limit orders received prior to the 
opening (including before a series is opened following a halt) is 
not applicable to limit orders of Exchange Market-Makers and away 
Market-Makers. The Exchange believes that Market-Makers actively 
evaluate the pre-opening market and utilize their own risk 
management parameters when entering, maintaining and cancelling 
orders prior to the opening, minimizing the likelihood of a Market-
Maker order resulting from an error from being entered and 
continuing to rest prior to the opening of trading. In that regard, 
while the Exchange believes that the application of its limit order 
price parameters serve to promote a fair and orderly market, the 
parameters are not a substitute for a broker-dealer's compliance 
with Rule 15c3-5 under the Act, 17 CFR 240.15c3-5 (commonly referred 
to as the ``Market Access Rule'').
    \5\ The Exchange notes that with respect to simple orders, limit 
order price parameters will be applied [sic] a series by series 
basis with ATDs to be applied to the series that is the subject of 
the simple order execution as only one series is involved in a 
simple order execution. With respect to complex orders, limit order 
price parameters will be applied on a class by class basis with ATDs 
to be applied to both (each) of the individual legs of both (each) 
series comprising the complex order as well as the net derived 
premium price (``net premium basis'') of the complex order as a 
whole. These parameters will be applied on a class by class basis 
for complex orders as multiple series in a class are involved in a 
complex order execution. The Exchange notes that the ATDs determined 
by the Exchange on a series by series and premium basis (i.e. simple 
order executions) and class by class and net premium basis (i.e. 
complex order executions) under Rules 6.17 and 6.13 will be 
announced via Regulatory Circular at least one day in advance.
    \6\ Under Rule 1.1, the term ``System'' means the automated 
trading system used by the Exchange for the trading of options 
contracts.
    \7\ For all classes where the limit order price parameter is 
activated, it is currently applied to ISOs. ISOs are oftentimes used 
to capture size on the Exchange that is not available on other 
markets. As a result, ISOs tend to be large orders and thus, the 
consequences of order entry errors may be great. In an effort to 
protect market participants from the consequences of such order 
entry errors and prevent market disruptions that may be caused by 
erroneously placed orders, the Exchange has determined to apply 
limit order price parameters to ISOs on the Exchange. The Exchange 
believes that applying limit order price parameters to ISOs serves 
to protect investors and is consistent with Section 6(b) of the Act. 
The Exchange has in place rules and surveillances to ensure that 
ISOs are used in an appropriate manner consistent with the Options 
Order Protection and Locked/Crossed Market Plan, C2 Rules, and 
Federal Securities laws. See Section E of Chapter 6 (incorporating 
by reference CBOE's rules relating to the Options Order Protection 
and Locked/Crossed Market Plan), relating to Intermarket Linkage and 
corresponding Chicago Board Options Exchange, Incorporated 
(``CBOE'') Rule 6.80(8) defining an ISO as a Limit Order for an 
options series that, simultaneously with the routing of the ISO, one 
or more additional ISOs, as necessary, are routed to execute against 
the full displayed size of any Protected Bid, in the case of a limit 
order to sell, or any Protected Offer, in the case of a limit order 
to buy, for the options series with a price that is superior to the 
limit price of the ISO and noting that a Trading Permit Holder may 
submit an ISO to the Exchange only if it has simultaneously routed 
one or more additional ISOs to execute against the full displayed 
size of any Protected Bid, in the case of a limit order to sell, or 
Protected Offer, in the case of a limit order to buy, for an options 
series with a price that is superior to the limit price of the ISO. 
Should the Exchange, in the future, determine that, in the interests 
of fair and orderly markets or, in furtherance of the objectives of 
the Options Order Protection and Locked/Crossed Market Plan, limit 
order price parameters should be applied to ISOs (or another order 
type) in a different manner as other order types, the Exchange may 
determine to widen or narrow the ATDs with respect to ISOs (or 
another order type), which would be announced via Regulatory 
Circular. Should the Exchange, in the future, determine that, in the 
interests of fair and orderly markets or, in furtherance of the 
objectives of the Options Order Protection and Locked/Crossed Market 
Plan, limit order price parameters should not apply to ISOs, a 
further rule filing would be required.
    \8\ For all classes where the limit order price parameter is 
activated, it is not currently applied to immediate-or-cancel 
orders. Immediate-or-cancel orders are oftentimes used by Market-
Makers and sophisticated investors to hit existing books as orders 
become available. Although the Exchange also believes that there is 
less of a need to protect Market-Makers and sophisticated investors 
from potential order entry errors, the Exchange is interested in the 
protection of all market participants from unintended order entry 
errors. As a result, in furtherance of the interests of investors 
and the promotion of fair and orderly markets, the Exchange is 
considering applying limit order price parameters to immediate-or-
cancel orders in the future. Any such determination would be made 
pursuant to proposed Rules 6.13.04(g) and 6.17(b) and announced via 
Regulatory Circular [sic].
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    For purposes of this limit order price parameter: An ``acceptable 
tick distance'' or ``ATD'' \9\ is to be determined by the Exchange on a 
series by series and premium basis and shall be no less than five 
minimum increment

[[Page 45261]]

ticks.\10\ The senior official in the Help Desk might widen or 
inactivate the limit order price parameters on an intra-day basis in 
the interest of a fair and orderly market.\11\ The limit order price 
parameter takes precedence over another parameter to the extent that 
both are applicable to an incoming limit order.\12\
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    \9\ The Exchange notes that, for a given series, the applicable 
ATDs for the limit order price parameters (which may not be less 
than five minimum increment ticks) may differ from the ATDs for the 
drill through parameters (which may not be less than two minimum 
increment ticks). For example, the Exchange may determine that the 
drill through ATD for all series of a given class trading in $0.01 
increments is $0.02 and the limit order price ATD settings for the 
same class are as described in note 8, infra [sic]. The settings may 
differ because the limit order price parameters and the drill 
through parameters are intended to provide reasonability checks that 
address various trading scenarios (e.g., marketable orders that 
would otherwise drill through multiple price points and limit orders 
that are priced significantly through the disseminated Exchange bid/
offer or the prior day's close). The Exchange believes use of 
multiple reasonability checks helps to prevent the entry and 
execution of orders at potentially erroneous prices, which should 
promote a fair and orderly market.
    \10\ For example, currently the Exchange has determined for all 
classes where the limit order price parameter is activated that the 
Exchange would not accept the following limit orders for execution: 
(i) If the market quote is less than or equal to $3, limit orders to 
buy priced more than $0.50 above the offer and limit orders to sell 
priced more than $0.50 below the bid; (ii) if the market quote is 
greater than $3 and less than or equal to $10, limit orders to buy 
priced more than $1.00 above the offer and limit orders to sell 
priced more than $1.00 below the bid; (iii) if the market quote is 
greater than $10 and less than or equal to $30, limit orders to buy 
priced more than $1.50 above the offer and limit orders to sell 
priced more than $1.50 below the bid; (iv) if the market quote is 
greater than $30 and less than or equal to $50, limit orders to buy 
priced more than $2.00 above the offer and limit orders to sell 
priced more than $2.00 below the bid; or (v) if the market quote is 
equal to or greater than $50, limit orders to buy priced more than 
$3.00 above the offer and limit order to sell priced more than $3.00 
below the bid. See C2 Regulatory Circular RG13-059, which is 
available at http://www.c2exchange.com/publish/RegCir_C2/C2RG13-059.pdf. For the same classes, the Exchange has determined that 
limit orders received before a series is in opened will be checked 
against the previous trading day's closing price using the same 
parameters noted above. Exchange Market Maker and away Market Maker 
orders received pre-open are excluded from this pre-open limit order 
price parameter. The foregoing limit order price parameters are in 
effect in all classes except options on Apple Inc. (AAPL). There are 
no limit order price parameters currently activated for option class 
AAPL. See id. According to the Exchange, volume for options class 
AAPL is higher and trading is more volatile, while the price of the 
underlying stock is higher (e.g., Apple Inc. closed at $125.69 on 
July 7, 2015). The Exchange believes that application of the limit 
order price parameter in these circumstances may serve as more of a 
hindrance to the orderly processing orders (e.g., application of the 
parameter may result in an inordinate number of orders being 
excepted from automated process and instead routing for manual 
handling) and, as a result, has determined to not apply the 
parameters to option class AAPL for the time being. However, the 
Exchange may evaluate whether to apply the parameters to the option 
class and any determination to do so would be announced via 
Regulatory Circular.
    \11\ For example, if an underlying stock is high priced or 
volatile and is experiencing significant price movement and the 
existing parameters would result in an inordinate number of limit 
orders not being accepted, the senior official in the Help Desk may 
determine to widen the parameters on an intra-day basis in the 
overlying or related options series. See C2 Rule 6.17(B); see also 
C2 Regulatory Circular RG13-059, which is available at http://www.c2exchange.com/publish/RegCir_C2/C2RG13-059.pdf. As another 
example, if the overall market is experiencing significant 
volatility, the senior official in the Help Desk may determine to 
widen the limit order price parameters for a series. In that regard, 
the Exchange has determined that on any trading day where the front-
month E-mini S&P 500 Futures (symbol ES/1) are trading more than 20 
points above or below the previous day's closing values by 8:00 a.m. 
(all times noted are Central Time), the Exchange will widen the 
limit order price parameter levels from $0.50, $1.00, $1.50, $2.00 
and $3.00 as set out in note 10, supra, to $1.00, $2.00, $3.00, 
$4.00 and $6.00, respectively, for the trading day for all series 
where the limit order price parameter is activated (referred to 
herein as the ``Standing Intraday Relief Condition''). See C2 
Regulatory Circular C2 RG13-059. The next trading day, the limit 
order price parameter levels would revert back to the normal 
setting, unless the E-mini S&P 500 Future is more than 20 points 
above or below the previous day's closing values by 8:00 a.m.
    Example of Standing Intraday Relief Condition: If on Monday the 
E-mini S&P 500 Futures close at 1700 and by 8:00 a.m. on Tuesday the 
E-mini S&P 500 Future is trading at 1730 (30 points above the prior 
day's close of 1700), then the Exchange would adjust the limit order 
price parameters to the wider levels noted above. If the E-mini S&P 
500 Futures close on Tuesday at 1725 and by 8:00 a.m. on Wednesday 
are trading at 1720 (only 5 points below the prior day's close of 
1725), then the limit order price parameter settings would revert 
back to the levels that were in place on Monday. However, if by 8:00 
a.m. on Wednesday the E-mini S&P 500 Futures are trading at 1700 (25 
points below the prior day's close of 1725), then the limit order 
price parameter settings would remain at the levels that were in 
place on Tuesday.
    The Exchange notes that these examples are non-exhaustive and 
for illustrative purposes only. The Exchange also notes that it may 
determine for the parameters to differ among series and between pre-
open and intra-day.
    \12\ For example, assume the Exchange has established drill 
through and limit order price ATD settings as prescribed in notes 10 
and 11 [sic], supra. If the market quote in a given series is $2.15-
$2.55 and an incoming limit order to buy is priced at $3.50 (more 
than $0.50 above the offer), the limit order price ATD will be 
triggered and the Exchange will not accept the limit order for 
execution. The drill through parameter would not apply (the drill 
through ATD parameter would only be considered if the limit order 
price ATD parameter is not triggered).
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    The Exchange is also proposing to codify a limit order price 
parameter for complex orders within Rule 6.13 under proposed 
Interpretation and Policy .04(g). This limit order price parameter, 
which is comparable to the limit order price parameters applicable to 
simple orders described above, is not currently in use. Under this 
complex order limit order price parameter the Exchange will return a 
limit priced complex order to the order entry firm where the order is 
(i) prior to the opening (including before a series is opened following 
a halt), priced at a net debit that is more than an acceptable tick 
distance above the derived net market using the Exchange's previous 
day's close in the individual series legs comprising the complex order 
or priced at a net credit that is more than an acceptable tick distance 
below the derived net market using the Exchange's previous day's close 
in the individual series legs comprising the complex order (such ATD 
will be as determined by the Exchange on a class by class and net 
premium basis and announced via Regulatory Circular); or (ii) once a 
series has opened, priced at a net debit that is more than an 
acceptable tick distance above the opposite side derived net market 
using the Exchange's best bid or offer in the individual series legs 
comprising the complex order or priced at a net credit that is more 
than an acceptable tick distance below the opposite side derived net 
market using the Exchange's best bid or offer in the individual series 
legs comprising the complex order (such ATD will be as determined by 
the Exchange on a class by class and net premium basis and announced 
via Regulatory Circular).\13\ Similar to simple orders, this parameter 
for limit priced complex orders received prior to the opening would not 
be applicable to limit orders of Exchange Market-Makers or away Market-
Makers, or to ISOs as such cannot be entered prior to the opening on 
the System. Once a series has opened, limit order price parameters will 
be applied to ISOs in all classes in which the limit order price 
parameter is activated.\14\ The Exchange may determine on a class by 
class basis and announce via Regulatory Circular whether to apply the 
parameters in (i) and/or (ii) above to immediate-or-cancel complex 
orders (similar to the discussion above for simple orders). The 
Exchange also notes that the limit order price parameter will not be 
applicable to stock-option orders.\15\ The Exchange also proposes 
several non-substantive changes within Interpretation and Policy .04 to 
Rule 6.13 to abbreviate the terms ``acceptable price range'' and 
``acceptable tick distance'' where appropriate for consistency 
purposes.
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    \13\ In accordance with the existing provisions of Rule 6.13.01, 
all pronouncements regarding determinations by the Exchange pursuant 
to proposed Rule 6.13.04(g) will be announced via Regulatory 
Circular.
    \14\ Should the Exchange, in the future, determine that, in the 
interests of fair and orderly markets or, in furtherance of the 
objectives of the Options Order Protection and Locked/Crossed Market 
Plan, limit order price parameters should be applied to ISOs (or 
another order type) in a different manner as other order types, the 
Exchange may determine to widen or narrow the ATDs with respect to 
ISOs (or another order type), which would be announced via 
Regulatory Circular. Should the Exchange, in the future, determine 
that, in the interests of fair and orderly markets or, in 
furtherance of the objectives of the Options Order Protection and 
Locked/Crossed Market Plan, limit order price parameters should not 
apply to ISOs, a further rule filing would be required.
    \15\ Stock-options orders are excluded from the calculation 
because the individual component stock leg is not traded on the 
Exchange and, as a result, calculation of a derived net market by 
the Exchange's automated system would be a more complicated 
function. If in the future the Exchange would decide to enhance the 
limit order price parameter functionality to address stock-option 
orders, the Exchange would file a rule change to address stock-
option orders.
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    Similar to simple orders, the ATD for the limit order price 
parameter for complex orders will be no less than 5

[[Page 45262]]

minimum net price increment ticks (where the ``minimum net price 
increment'' is the minimum increment for net priced bids and offers for 
the given complex order strategy). For example, if the minimum net 
price increment for complex orders in a given series in a class is 
$0.01, then the ATD would be no less than $0.05 (5 x $0.01). If the 
minimum net price increment is $0.05, then the ATD would be no less 
than $0.25 (5 x $0.05). Also similar to simple orders, the Exchange 
might widen or inactivate limit order price parameter for complex 
orders for one or more classes on an intra-day basis in the interest of 
a fair and orderly market.\16\ The limit order price parameter will 
take precedence over another complex order parameter to the extent that 
both are applicable to an incoming limit order.\17\
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    \16\ See also note 11, supra.
    \17\ Rule 6.13.04 sets forth various price check parameters 
applicable to complex orders. For each price check parameter that 
may be applicable to incoming limit orders--except the market width 
parameter--the system will not accept or will return the order back 
to the order entry firm if the parameter is triggered. If the market 
width parameter is triggered, an incoming (or resting) marketable 
limit order will be held in the system, displayed in the complex 
order book if applicable, and not be eligible for automatic 
execution until the market width condition is resolved. See Rule 
6.13.04. In the instance where both the limit order price parameter 
and another parameter are applicable, the limit order price 
parameter takes precedence (i.e., is applied first) before the other 
parameter is applied.
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    The Exchange is also proposing a miscellaneous change to Rule 
6.13.04 to specifically identify the price check parameters that are 
not applicable to stock-option orders in the introductory text to this 
provision. The particular parameters to which stock-option orders may 
be subjected are already identified within the rule text. This proposed 
change is simply to include a list of those parameters which are not 
applicable to stock-option orders in the introductory paragraph for 
ease of reference.\18\
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    \18\ Specifically, paragraphs (b) (credit-to-debit parameters), 
(c) (same expiration strategy parameters), (e) (percentage distance 
parameters) and proposed paragraph (g) (limit order price 
parameters) of Rule 6.13.04 are not applicable to stock-option 
orders.
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    The Exchange notes that the limit order price parameter for simple 
and complex is intended to protect market participants from executions 
of limit orders at prices that are significantly through the Exchange's 
market (i.e., no less than five minimum increment ticks for simple 
orders and no less than five minimum net price increment ticks for 
complex orders). The Exchange believes that TPHs that submit orders on 
C2 generally intend to receive executions of their orders at or near 
the Exchange's market. A limit order that is priced significantly 
through the Exchange's market could be indicative of an error (e.g., 
mistake in intended price, series, put/call) and could result in 
executions occurring at prices that have little or no relation to the 
theoretical price of the option. Accordingly, the Exchange believes the 
limit order price parameter is a mechanism that will help prevent the 
entry of erroneous orders, dramatic price swings and, potentially, 
executions qualifying as obvious errors \19\ on C2. The Exchange also 
believes that orders that are significantly priced through the market 
have the potential to create market volatility by trading at different 
price levels until executed in their entirety. As such, the Exchange 
believes the limit order price parameter may also help limit 
volatility.
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    \19\ See C2 Rule 6.15.
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    Second, the Exchange is proposing various miscellaneous changes to 
the existing text in Rule 6.17. In particular, the Exchange is 
proposing to include a title for each type of price check parameter 
within the rule text (i.e., for the existing market width parameters, 
the existing drill through parameters, and the proposed limit order 
price parameters). The addition of these titles is non-substantive and 
is intended for ease of reference only. In addition, the Exchange is 
proposing to replace the ``class-by-class basis'' reference in proposed 
Rule 6.17(c) with ``series by series and premium basis'' to provide 
consistency within the Rules and reflect the fact that the APR for a 
simple order will apply on a series by series basis to the single 
series involved in the order and be determined on a premium basis in 
relation to the bid-ask differential in that series. For the same 
reasons, the Exchange proposes to add the term ``and premium'' to 
proposed Rule 6.17(a)(1) regarding market width parameters. The 
Exchange is also renumbering Rule 6.17 and clarifying existing 
references to APR and ATD as references to the existing market width 
APR and drill through ATD for ease of reference.
    The existing text of Rule 6.17 also provides that the senior 
official in the Help Desk may grant intra-day relief by widening the 
APR or ATD settings for one or more option series and that notification 
of intraday relief will be announced via message to Trading Permit 
Holders that request to receive such messages. The Exchange is 
proposing to amend this provision to add that such intra-day relief may 
be granted in the interest of a fair and orderly market. The Exchange 
is also proposing to amend this provision to make clear that the senior 
official in the Help Desk can grant relief by widening or inactivating 
the applicable APR and/or ATD setting. The Exchange believes including 
the reference to inactivating the applicable settings is not 
substantive because an applicable APR or ATD parameter could be widened 
to such a level that it would be in effect inactive. The Exchange is 
also proposing to provide within the rule text that the intra-day 
relief granted by the senior official in the Help Desk will not extend 
beyond the trade day on which it is granted, unless a determination to 
extend such relief if announced to TPHs via Regulatory Circular.\20\ 
The Exchange is also proposing to provide within the rule text that the 
Exchange will make and keep records to document all determinations to 
grant intra-day relief under Rule 6.17, and shall maintain those 
records in accordance with Rule 17a-1 under the Act.\21\ The rule text 
will also provide that the Exchange will periodically review 
determinations to grant intra-day relief for consistency with the 
interest of a fair and orderly market. Finally, the Exchange notes that 
the same intra-day relief provisions are proposed to apply to the limit 
order price parameter provisions for complex orders in proposed Rule 
6.13.04(g).
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    \20\ The Exchange notes that conditions when the Standing 
Intraday Relief will be instituted and the particular form of relief 
have been announced via Regulatory Circular. See note 11, supra. The 
announcement of the pre-established conditions and relief is 
intended to serve the circular notification requirement and, as 
such, a separate circular would not be issued if this relief is 
instituted over multiple days. However, if the Exchange would 
determine to modify the conditions for Standing Intraday Relief, 
then the Exchange would announce those changes by issuing another 
Regulatory Circular.
    \21\ 17 CFR 240.17a-1. The Exchange notes that determinations to 
grant intra-day relief under Rule 6.17 will be made in compliance 
with the provisions of the Act and the rules thereunder, including, 
but not limited to, the requirements in Section 6(b)(5) of the Act, 
15 U.S.C. 78f(b), that the rules of a national securities exchange 
not be designed to permit unfair discrimination between customers, 
issuers, brokers, or dealers.
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the Act 
\22\ in general and furthers the objectives of Section 6(b)(5) of the 
Act \23\ in particular, which requires that the rules of an exchange be 
designed to promote just and equitable principles of trade, to prevent 
fraudulent and manipulative acts, to remove impediments to and to 
perfect the mechanism of a free and open market and a national market

[[Page 45263]]

system, and, in general, to protect investors and the public interest.
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    \22\ 15 U.S.C. 78f(b).
    \23\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes the proposed rule change furthers the 
objective of Section 6(b)(5) of the Act in that it permits the Exchange 
to address the entry of simple and complex limit orders that are priced 
significantly away from the market that are likely to have resulted 
from human or operational error.\24\ By being able to quickly and 
efficiently reject orders that likely resulted from such error, the 
proposed use of the limit order price parameter would promote a fair 
and orderly market. Additionally, by having the flexibility to 
determine the series or classes where the limit order price parameter 
would be applied (or not applied) and the levels at which the ATD 
settings would be applied, and to grant relief on an intra-day basis, 
the Exchange is able to effectively structure and efficiently react to 
particular option characteristics and market conditions--including 
(without limitation) price, volatility, and significant price 
movements--which contributes to its ability to maintain a fair and 
orderly market. Accordingly, the Exchange believes that this proposal 
is designed to promote just and equity principles of trade, remove 
impediments to, and perfect the mechanism of, a free and open 
market.\25\
---------------------------------------------------------------------------

    \24\ The Exchange believes that these principles are equally 
applicable to ISOs. In an effort to protect market participants from 
the consequences of such order entry errors and prevent market 
disruptions that may be caused by erroneously placed orders, the 
Exchange has determined to apply limit order price parameters to 
ISOs on the Exchange. The Exchange believes that applying limit 
order price parameters to ISOs serves to protect investors and is 
consistent with Section 6(b) of the Act.
    \25\ The Exchange notes that limit order price parameters are in 
effect in all classes except options on Apple Inc. (AAPL). There are 
no limit order price parameters currently activated for option class 
AAPL. See C2 Regulatory Circular RG13-059, which is available at 
http://www.c2exchange.com/publish/RegCir_C2/C2RG13-059.pdf. 
According to the Exchange, volume for options class AAPL is higher 
and trading is more volatile, while the price of the underlying 
stock is higher (e.g., Apple Inc. closed at $125.69 on July 7, 
2015). The Exchange believes that application of the limit order 
price parameters in these circumstances may serve as more of a 
hindrance to the orderly processing orders (e.g., application of the 
parameter may result in an inordinate number of orders being 
excepted from automated process and instead routing for manual 
handling) and, as a result, has determined to not apply the 
parameters to option class AAPL for the time being. The Exchange 
believes that because of these factors different treatment of the 
AAPL class is warranted. However, the Exchange may evaluate whether 
to apply the parameters to the option class and any determination to 
do so would be announced via Regulatory Circular.
---------------------------------------------------------------------------

    The Exchange also believes that the other proposed changes to Rule 
6.17 (e.g., to include titles for the various price check parameters; 
to change a reference from class by class to series by series; to make 
clear that intra-day relief may be granted in the interest of a fair 
and orderly market and may include widening or inactivating the 
applicable APR and/or ATD; and to include provisions indicating that 
intra-day relief may not extend beyond the trade day on which it is 
granted, unless a determination to extend such relief is announced to 
Trading Permit Holders via Regulatory Circular, and that the Exchange 
will make and keep records to document determinations to grant intra-
day relief under Rule 6.17) should also serve to further these 
objectives by more clearly and fully describing certain aspects of the 
operation of these price check parameters and addressing determinations 
to modify the operation of the price check parameters on an intra-day 
basis as provided within Rule 6.17. For the same reason, Exchange 
believes the substantially similar intra-day relief provisions for 
complex orders in proposed Rule 6.13.04(g) should also serve to further 
these objectives. The Exchange also believes that the proposed change 
to the introductory paragraph to Rule 6.13.04 to specifically identify 
the price check parameters that are not applicable to stock-option 
orders should also serve to further these objectives by making the rule 
easier to read and navigate.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange believes that 
the proposed rule change will promote competition in that the limit 
order price parameters provide market participants with additional 
protection from anomalous trading. Thus, the Exchange does not believe 
the proposal creates any significant impact on competition.
    The price check parameter features are intended to prevent 
executions at potentially erroneously prices, which should serve to 
promote a fair and orderly market and promote trading activity on the 
Exchange to the benefit of the Exchange, its TPHs, and market 
participants. The Exchange notes that the limit order price parameters 
are applied equally to all eligible limit orders, with the limited 
exception that the parameters do not apply to limit orders for Exchange 
Market-Makers and away Market-Makers entered prior to the opening. The 
Exchange believes this does not place an undue burden on competition as 
the Exchange believes that Market-Makers actively evaluate the pre-
opening market and utilize their own risk management parameters when 
entering, maintaining (and cancelling) orders prior to the opening, 
minimizing the likelihood of a Market-Maker order resulting an error 
from being entered and continuing to rest prior to the opening of 
trading.

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

    No written comments were solicited or received with respect to the 
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \26\ and Rule 19b-4(f)(6) thereunder.\27\ 
Because the 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, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act \28\ and Rule 19b-
4(f)(6) thereunder.\29\
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \27\ 17 CFR 240.19b-4(f)(6).
    \28\ 15 U.S.C. 78s(b)(3)(A).
    \29\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
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) \30\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\31\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposed 
rule change may become operative immediately. According to the 
Exchange, the proposed rule change will provide additional protections 
against the execution of limit orders that are priced significantly 
away from the market as a result of human or

[[Page 45264]]

operational error. In addition, C2's proposed changes to allow 
flexibility in setting the ATD for a particular option class or series 
and to grant intra-day relief in the interest of a fair and orderly 
market should provide the Exchange with the ability to address 
particular option characteristics and markets conditions. Accordingly, 
the Commission finds that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest and 
hereby designates the proposal operative upon filing.\32\
---------------------------------------------------------------------------

    \30\ 17 CFR 240.19b-4(f)(6).
    \31\ 17 CFR 240.19b-4(f)(6)(iii).
    \32\ For purposes only of waiving the 30-day 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 change 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-C2-2015-021 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-C2-2015-021. 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 
a.m. and 3 p.m. Copies of such filing also will be available for 
inspection and copying at the principal offices 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-C2-2015-021, and should be 
submitted on or before August 19, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\33\
---------------------------------------------------------------------------

    \33\ 17 CFR 200.30-3(a)(12), (59).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-18540 Filed 7-28-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Notices                                                45259

                                              burden on competition not necessary or                    Electronic Comments                                       SECURITIES AND EXCHANGE
                                              appropriate in furtherance of the                                                                                   COMMISSION
                                              purposes of the Act, and believes the                       • Use the Commission’s Internet
                                              proposed change will in fact enhance                      comment form (http://www.sec.gov/
                                                                                                                                                                  [Release No. 34–75516; File No. SR–C2–
                                              competition.16                                            rules/sro.shtml); or
                                                                                                                                                                  2015–021]
                                                                                                          • Send an email to rule-comments@
                                              C. Self-Regulatory Organization’s
                                                                                                        sec.gov. Please include File Number SR–                   Self-Regulatory Organizations; C2
                                              Statement on Comments on the
                                                                                                        MIAX–2015–47 on the subject line.                         Options Exchange, Incorporated;
                                              Proposed Rule Change Received From
                                              Members, Participants, or Others                                                                                    Notice of Filing and Immediate
                                                                                                        Paper Comments
                                                                                                                                                                  Effectiveness of a Proposed Rule
                                                Written comments were neither                             • Send paper comments in triplicate                     Change Relating to Price Check
                                              solicited nor received.                                   to Secretary, Securities and Exchange                     Parameters
                                                                                                        Commission, 100 F Street NE.,
                                              III. Date of Effectiveness of the                                                                                   July 23, 2015.
                                              Proposed Rule Change and Timing for                       Washington, DC 20549–1090.
                                                                                                                                                                     Pursuant to Section 19(b)(1) of the
                                              Commission Action                                         All submissions should refer to File                      Securities Exchange Act of 1934 (the
                                                                                                        Number SR–MIAX–2015–47. This file                         ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                 Because the foregoing proposed rule                    number should be included on the
                                              change does not: (i) Significantly affect                                                                           notice is hereby given that on July 17,
                                                                                                        subject line if email is used. To help the                2015, C2 Options Exchange,
                                              the protection of investors or the public
                                                                                                        Commission process and review your                        Incorporated (the ‘‘Exchange’’ or ‘‘C2’’)
                                              interest; (ii) impose any significant
                                                                                                        comments more efficiently, please use                     filed with the Securities and Exchange
                                              burden on competition; and (iii) become
                                                                                                        only one method. The Commission will                      Commission (the ‘‘Commission’’) the
                                              operative for 30 days after the date of
                                              the filing, or such shorter time as the                   post all comments on the Commission’s                     proposed rule change as described in
                                              Commission may designate, it has                          Internet Web site (http://www.sec.gov/                    Items I and II below, which Items have
                                              become effective pursuant to 19(b)(3)(A)                  rules/sro.shtml). Copies of the                           been prepared by the Exchange. The
                                              of the Act 17 and Rule 19b–4(f)(6) 18                     submission, all subsequent                                Commission is publishing this notice to
                                              thereunder.                                               amendments, all written statements                        solicit comments on the proposed rule
                                                                                                        with respect to the proposed rule                         change from interested persons.
                                                 At any time within 60 days of the                      change that are filed with the
                                              filing of the proposed rule change, the                                                                             I. Self-Regulatory Organization’s
                                                                                                        Commission, and all written
                                              Commission summarily may                                                                                            Statement of the Terms of Substance of
                                                                                                        communications relating to the
                                              temporarily suspend such rule change if
                                                                                                        proposed rule change between the                          the Proposed Rule Change
                                              it appears to the Commission that such
                                              action is necessary or appropriate in the                 Commission and any person, other than
                                                                                                        those that may be withheld from the                         The Exchange proposes to amend
                                              public interest, for the protection of                                                                              Rules 6.13 and 6.17 relating to price
                                              investors, or otherwise in furtherance of                 public in accordance with the
                                                                                                        provisions of 5 U.S.C. 552, will be                       check parameters on the Exchange. The
                                              the purposes of the Act. If the                                                                                     text of the proposed rule change is
                                              Commission takes such action, the                         available for Web site viewing and
                                                                                                        printing in the Commission’s Public                       provided in Exhibit 5 and is also
                                              Commission shall institute proceedings                                                                              available on the Exchange’s Web site
                                              to determine whether the proposed rule                    Reference Room, 100 F Street NE.,
                                                                                                        Washington, DC 20549 on official                          (http://www.cboe.com/AboutCBOE/
                                              should be approved or disapproved.                                                                                  CBOELegalRegulatoryHome.aspx), at
                                                                                                        business days between the hours of
                                              IV. Solicitation of Comments                              10:00 a.m. and 3:00 p.m. Copies of such                   the Exchange’s Office of the Secretary,
                                                                                                        filing also will be available for                         and at the Commission’s Public
                                                Interested persons are invited to                                                                                 Reference Room.
                                              submit written data, views, and                           inspection and copying at the principal
                                              arguments concerning the foregoing,                       offices of the Exchange. All comments                     II. Self-Regulatory Organization’s
                                              including whether the proposed rule                       received will be posted without change;                   Statement of the Purpose of, and
                                              change is consistent with the Act.                        the Commission does not edit personal                     Statutory Basis for, the Proposed Rule
                                              Comments may be submitted by any of                       identifying information from                              Change
                                              the following methods:                                    submissions. You should submit only
                                                                                                        information that you wish to make                           In its filing with the Commission, the
                                                16 The                                                  available publicly. All submissions                       Exchange included statements
                                                        Commission notes that, in the Form 19b-
                                              4, the Exchange states that the proposed rule change      should refer to File Number SR–MIAX–                      concerning the purpose of and basis for
                                              ‘‘is based in part on the rules of another options        2015–47, and should be submitted on or                    the proposed rule change and discussed
                                              exchange,’’ Chicago Board Options Exchange, Inc.                                                                    any comments it received on the
                                              Rule 8.18, ‘‘which gives Market Makers the ability        before August 19, 2015.
                                              to specify a maximum cumulative percentage,                                                                         proposed rule change. The text of these
                                                                                                          For the Commission, by the Division of
                                              defined as the sum of the percentages of the original                                                               statements may be examined at the
                                              quoted size of each side of each series within a class
                                                                                                        Trading and Markets, pursuant to delegated
                                                                                                        authority.19
                                                                                                                                                                  places specified in Item IV below. The
                                              that traded, that a Market Maker is willing to trade
                                              during a rolling time period after which their
                                                                                                                                                                  Exchange has prepared summaries, set
                                                                                                        Robert W. Errett,
                                              quotations in the affected class are removed .’’                                                                    forth in sections A, B, and C below, of
                                                 17 15 U.S.C. 78s(b)(3)(A).                             Deputy Secretary.                                         the most significant aspects of such
tkelley on DSK3SPTVN1PROD with NOTICES




                                                 18 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-      [FR Doc. 2015–18537 Filed 7–28–15; 8:45 am]               statements.
                                              4(f)(6) requires a self-regulatory organization to give   BILLING CODE 8011–01–P
                                              the Commission written notice of its intent to file
                                              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
                                                                                                                                                                    1 15   U.S.C. 78s(b)(1).
                                              Commission. The Exchange has satisfied this
                                              requirement.                                                   19 17   CFR 200.30–3(a)(12).                           2 17   CFR 240.19b–4.



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                                              45260                         Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Notices

                                              A. Self-Regulatory Organization’s                         opened, the order is to buy are at more                  determine on a class by class basis and
                                              Statement of the Purpose of, and                          than an acceptable tick distance above                   announce via Regulatory Circular
                                              Statutory Basis for, the Proposed Rule                    the disseminated Exchange offer or the                   whether to apply the parameters in (i)
                                              Change                                                    order to sell are at more than an                        and/or (ii) above to immediate-or-cancel
                                                                                                        acceptable tick distance below the                       orders if doing so would be necessary or
                                              1. Purpose
                                                                                                        disseminated Exchange bid (such ATD                      appropriate in furtherance of the
                                                 Under Rule 6.17, C2 does not                           will be as determined by the Exchange                    interests of investors and the promotion
                                              automatically execute eligible orders                     on a series by series and premium basis                  of fair and orderly markets.8
                                              that are marketable if (i) the width                      and announced to TPHs by Regulatory                        For purposes of this limit order price
                                              between the national best bid and offer                   Circular).5 The Exchange will not apply                  parameter: An ‘‘acceptable tick
                                              (the ‘‘NBBO’’) is not within an                           pre-opening limit order price                            distance’’ or ‘‘ATD’’ 9 is to be
                                              acceptable price range (as established by                 parameters to limit orders of Exchange                   determined by the Exchange on a series
                                              the Exchange on a series by series basis                  Market-Makers or away Market-Makers,                     by series and premium basis and shall
                                              for market orders and/or marketable                       or to Intermarket Sweep Orders (‘‘ISOs’’)                be no less than five minimum increment
                                              limit orders within certain parameters                    as such cannot be entered prior to the
                                              and announced to Trading Permit                           opening on the System.6 Once a series                    case of a limit order to buy, for the options series
                                              Holders (‘‘TPHs’’) via Regulatory                         has opened, limit order price parameters                 with a price that is superior to the limit price of
                                              Circular) (the ‘‘market width                             will be applied to ISOs in all classes in                the ISO and noting that a Trading Permit Holder
                                              parameter’’), or (ii) the execution would                                                                          may submit an ISO to the Exchange only if it has
                                                                                                        which the limit order price parameter is                 simultaneously routed one or more additional ISOs
                                              follow an initial partial execution on the                activated.7 The Exchange may                             to execute against the full displayed size of any
                                              Exchange and would be at a subsequent                                                                              Protected Bid, in the case of a limit order to sell,
                                              price that is not within an acceptable                    parameters serve to promote a fair and orderly           or Protected Offer, in the case of a limit order to
                                              tick distance (‘‘ATD’’) from the initial                  market, the parameters are not a substitute for a        buy, for an options series with a price that is
                                                                                                        broker-dealer’s compliance with Rule 15c3–5 under        superior to the limit price of the ISO. Should the
                                              execution (as determined by the                                                                                    Exchange, in the future, determine that, in the
                                                                                                        the Act, 17 CFR 240.15c3–5 (commonly referred to
                                              Exchange on a series by series and                        as the ‘‘Market Access Rule’’).                          interests of fair and orderly markets or, in
                                              premium basis for market order and/or                        5 The Exchange notes that with respect to simple      furtherance of the objectives of the Options Order
                                              marketable limit orders and announced                     orders, limit order price parameters will be applied     Protection and Locked/Crossed Market Plan, limit
                                                                                                        [sic] a series by series basis with ATDs to be applied   order price parameters should be applied to ISOs
                                              to TPHs by Regulatory Circular) (the                                                                               (or another order type) in a different manner as
                                                                                                        to the series that is the subject of the simple order
                                              ‘‘drill through parameter’’).                             execution as only one series is involved in a simple     other order types, the Exchange may determine to
                                                 The purpose of this proposed rule                      order execution. With respect to complex orders,         widen or narrow the ATDs with respect to ISOs (or
                                              change is, first, to codify another price                 limit order price parameters will be applied on a        another order type), which would be announced via
                                              reasonability check within Rule 6.17.                     class by class basis with ATDs to be applied to both     Regulatory Circular. Should the Exchange, in the
                                                                                                        (each) of the individual legs of both (each) series      future, determine that, in the interests of fair and
                                              The reasonability check is currently in                                                                            orderly markets or, in furtherance of the objectives
                                                                                                        comprising the complex order as well as the net
                                              use but not expressly covered in the                      derived premium price (‘‘net premium basis’’) of         of the Options Order Protection and Locked/
                                              rules. Specifically, under this                           the complex order as a whole. These parameters           Crossed Market Plan, limit order price parameters
                                              reasonability check, referred to as the                   will be applied on a class by class basis for complex    should not apply to ISOs, a further rule filing would
                                                                                                        orders as multiple series in a class are involved in     be required.
                                              ‘‘limit order price parameter,’’ the
                                                                                                        a complex order execution. The Exchange notes that          8 For all classes where the limit order price
                                              Exchange will not accept for execution                    the ATDs determined by the Exchange on a series          parameter is activated, it is not currently applied to
                                              eligible limit orders if (i) prior to the                 by series and premium basis (i.e. simple order           immediate-or-cancel orders. Immediate-or-cancel
                                              opening (including before a series is                     executions) and class by class and net premium           orders are oftentimes used by Market-Makers and
                                              opened following a halt),3 the order is                   basis (i.e. complex order executions) under Rules        sophisticated investors to hit existing books as
                                                                                                        6.17 and 6.13 will be announced via Regulatory           orders become available. Although the Exchange
                                              to buy are at more than an acceptable                     Circular at least one day in advance.                    also believes that there is less of a need to protect
                                              tick distance above the Exchange’s                           6 Under Rule 1.1, the term ‘‘System’’ means the       Market-Makers and sophisticated investors from
                                              previous day’s close or the order is to                   automated trading system used by the Exchange for        potential order entry errors, the Exchange is
                                              sell are at more than an acceptable tick                  the trading of options contracts.                        interested in the protection of all market
                                                                                                           7 For all classes where the limit order price         participants from unintended order entry errors. As
                                              distance below the Exchange’s previous                                                                             a result, in furtherance of the interests of investors
                                                                                                        parameter is activated, it is currently applied to
                                              day’s close (such ATD will be as                          ISOs. ISOs are oftentimes used to capture size on        and the promotion of fair and orderly markets, the
                                              determined by the Exchange on a series                    the Exchange that is not available on other markets.     Exchange is considering applying limit order price
                                              by series and premium basis and                           As a result, ISOs tend to be large orders and thus,      parameters to immediate-or-cancel orders in the
                                                                                                        the consequences of order entry errors may be great.     future. Any such determination would be made
                                              announced to TPHs by Regulatory                                                                                    pursuant to proposed Rules 6.13.04(g) and 6.17(b)
                                                                                                        In an effort to protect market participants from the
                                              Circular); 4 or, (ii) once a series has                   consequences of such order entry errors and              and announced via Regulatory Circular [sic].
                                                                                                        prevent market disruptions that may be caused by            9 The Exchange notes that, for a given series, the
                                                 3 This includes halts that may occur at any time       erroneously placed orders, the Exchange has              applicable ATDs for the limit order price
                                              after the opening of trading on a particular trading      determined to apply limit order price parameters to      parameters (which may not be less than five
                                              day. The Exchange notes that this is the manner in        ISOs on the Exchange. The Exchange believes that         minimum increment ticks) may differ from the
                                              which the limit order price parameter functionality       applying limit order price parameters to ISOs serves     ATDs for the drill through parameters (which may
                                              currently operates. The Exchange believes that this       to protect investors and is consistent with Section      not be less than two minimum increment ticks). For
                                              functionality provides an additional safeguard to         6(b) of the Act. The Exchange has in place rules and     example, the Exchange may determine that the drill
                                              consider the reasonableness of limit order pricing        surveillances to ensure that ISOs are used in an         through ATD for all series of a given class trading
                                              prior to a re-opening following a trading halt.           appropriate manner consistent with the Options           in $0.01 increments is $0.02 and the limit order
                                                 4 This parameter for limit orders received prior to    Order Protection and Locked/Crossed Market Plan,         price ATD settings for the same class are as
                                              the opening (including before a series is opened          C2 Rules, and Federal Securities laws. See Section       described in note 8, infra [sic]. The settings may
                                              following a halt) is not applicable to limit orders of    E of Chapter 6 (incorporating by reference CBOE’s        differ because the limit order price parameters and
                                              Exchange Market-Makers and away Market-Makers.            rules relating to the Options Order Protection and       the drill through parameters are intended to provide
                                              The Exchange believes that Market-Makers actively         Locked/Crossed Market Plan), relating to                 reasonability checks that address various trading
tkelley on DSK3SPTVN1PROD with NOTICES




                                              evaluate the pre-opening market and utilize their         Intermarket Linkage and corresponding Chicago            scenarios (e.g., marketable orders that would
                                              own risk management parameters when entering,             Board Options Exchange, Incorporated (‘‘CBOE’’)          otherwise drill through multiple price points and
                                              maintaining and cancelling orders prior to the            Rule 6.80(8) defining an ISO as a Limit Order for        limit orders that are priced significantly through the
                                              opening, minimizing the likelihood of a Market-           an options series that, simultaneously with the          disseminated Exchange bid/offer or the prior day’s
                                              Maker order resulting from an error from being            routing of the ISO, one or more additional ISOs, as      close). The Exchange believes use of multiple
                                              entered and continuing to rest prior to the opening       necessary, are routed to execute against the full        reasonability checks helps to prevent the entry and
                                              of trading. In that regard, while the Exchange            displayed size of any Protected Bid, in the case of      execution of orders at potentially erroneous prices,
                                              believes that the application of its limit order price    a limit order to sell, or any Protected Offer, in the    which should promote a fair and orderly market.



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                                                                            Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Notices                                                        45261

                                              ticks.10 The senior official in the Help                 parameter takes precedence over                          acceptable tick distance above the
                                              Desk might widen or inactivate the limit                 another parameter to the extent that                     opposite side derived net market using
                                              order price parameters on an intra-day                   both are applicable to an incoming limit                 the Exchange’s best bid or offer in the
                                              basis in the interest of a fair and orderly              order.12                                                 individual series legs comprising the
                                              market.11 The limit order price                             The Exchange is also proposing to                     complex order or priced at a net credit
                                                                                                       codify a limit order price parameter for                 that is more than an acceptable tick
                                                 10 For example, currently the Exchange has
                                                                                                       complex orders within Rule 6.13 under                    distance below the opposite side
                                              determined for all classes where the limit order         proposed Interpretation and Policy                       derived net market using the Exchange’s
                                              price parameter is activated that the Exchange
                                              would not accept the following limit orders for          .04(g). This limit order price parameter,                best bid or offer in the individual series
                                              execution: (i) If the market quote is less than or       which is comparable to the limit order                   legs comprising the complex order (such
                                              equal to $3, limit orders to buy priced more than        price parameters applicable to simple                    ATD will be as determined by the
                                              $0.50 above the offer and limit orders to sell priced                                                             Exchange on a class by class and net
                                              more than $0.50 below the bid; (ii) if the market
                                                                                                       orders described above, is not currently
                                              quote is greater than $3 and less than or equal to       in use. Under this complex order limit                   premium basis and announced via
                                              $10, limit orders to buy priced more than $1.00          order price parameter the Exchange will                  Regulatory Circular).13 Similar to simple
                                              above the offer and limit orders to sell priced more     return a limit priced complex order to                   orders, this parameter for limit priced
                                              than $1.00 below the bid; (iii) if the market quote                                                               complex orders received prior to the
                                              is greater than $10 and less than or equal to $30,
                                                                                                       the order entry firm where the order is
                                              limit orders to buy priced more than $1.50 above         (i) prior to the opening (including before               opening would not be applicable to
                                              the offer and limit orders to sell priced more than      a series is opened following a halt),                    limit orders of Exchange Market-Makers
                                              $1.50 below the bid; (iv) if the market quote is         priced at a net debit that is more than                  or away Market-Makers, or to ISOs as
                                              greater than $30 and less than or equal to $50, limit                                                             such cannot be entered prior to the
                                              orders to buy priced more than $2.00 above the           an acceptable tick distance above the
                                              offer and limit orders to sell priced more than $2.00    derived net market using the Exchange’s                  opening on the System. Once a series
                                              below the bid; or (v) if the market quote is equal       previous day’s close in the individual                   has opened, limit order price parameters
                                              to or greater than $50, limit orders to buy priced       series legs comprising the complex                       will be applied to ISOs in all classes in
                                              more than $3.00 above the offer and limit order to                                                                which the limit order price parameter is
                                              sell priced more than $3.00 below the bid. See C2        order or priced at a net credit that is
                                              Regulatory Circular RG13–059, which is available at      more than an acceptable tick distance                    activated.14 The Exchange may
                                              http://www.c2exchange.com/publish/RegCir_C2/             below the derived net market using the                   determine on a class by class basis and
                                              C2RG13–059.pdf. For the same classes, the                Exchange’s previous day’s close in the                   announce via Regulatory Circular
                                              Exchange has determined that limit orders received                                                                whether to apply the parameters in (i)
                                              before a series is in opened will be checked against     individual series legs comprising the
                                              the previous trading day’s closing price using the       complex order (such ATD will be as                       and/or (ii) above to immediate-or-cancel
                                              same parameters noted above. Exchange Market             determined by the Exchange on a class                    complex orders (similar to the
                                              Maker and away Market Maker orders received pre-
                                                                                                       by class and net premium basis and                       discussion above for simple orders). The
                                              open are excluded from this pre-open limit order                                                                  Exchange also notes that the limit order
                                              price parameter. The foregoing limit order price         announced via Regulatory Circular); or
                                              parameters are in effect in all classes except options   (ii) once a series has opened, priced at                 price parameter will not be applicable to
                                              on Apple Inc. (AAPL). There are no limit order           a net debit that is more than an                         stock-option orders.15 The Exchange
                                              price parameters currently activated for option class                                                             also proposes several non-substantive
                                              AAPL. See id. According to the Exchange, volume                                                                   changes within Interpretation and
                                              for options class AAPL is higher and trading is          herein as the ‘‘Standing Intraday Relief Condition’’).
                                              more volatile, while the price of the underlying         See C2 Regulatory Circular C2 RG13–059. The next         Policy .04 to Rule 6.13 to abbreviate the
                                              stock is higher (e.g., Apple Inc. closed at $125.69      trading day, the limit order price parameter levels      terms ‘‘acceptable price range’’ and
                                              on July 7, 2015). The Exchange believes that             would revert back to the normal setting, unless the      ‘‘acceptable tick distance’’ where
                                              application of the limit order price parameter in        E-mini S&P 500 Future is more than 20 points
                                                                                                       above or below the previous day’s closing values by      appropriate for consistency purposes.
                                              these circumstances may serve as more of a
                                              hindrance to the orderly processing orders (e.g.,        8:00 a.m.                                                   Similar to simple orders, the ATD for
                                              application of the parameter may result in an               Example of Standing Intraday Relief Condition: If     the limit order price parameter for
                                              inordinate number of orders being excepted from          on Monday the E-mini S&P 500 Futures close at            complex orders will be no less than 5
                                              automated process and instead routing for manual         1700 and by 8:00 a.m. on Tuesday the E-mini S&P
                                              handling) and, as a result, has determined to not        500 Future is trading at 1730 (30 points above the         13 In accordance with the existing provisions of
                                              apply the parameters to option class AAPL for the        prior day’s close of 1700), then the Exchange would
                                                                                                                                                                Rule 6.13.01, all pronouncements regarding
                                              time being. However, the Exchange may evaluate           adjust the limit order price parameters to the wider
                                                                                                                                                                determinations by the Exchange pursuant to
                                              whether to apply the parameters to the option class      levels noted above. If the E-mini S&P 500 Futures
                                                                                                                                                                proposed Rule 6.13.04(g) will be announced via
                                              and any determination to do so would be                  close on Tuesday at 1725 and by 8:00 a.m. on
                                                                                                                                                                Regulatory Circular.
                                              announced via Regulatory Circular.                       Wednesday are trading at 1720 (only 5 points below         14 Should the Exchange, in the future, determine
                                                 11 For example, if an underlying stock is high        the prior day’s close of 1725), then the limit order
                                                                                                                                                                that, in the interests of fair and orderly markets or,
                                              priced or volatile and is experiencing significant       price parameter settings would revert back to the
                                                                                                                                                                in furtherance of the objectives of the Options Order
                                              price movement and the existing parameters would         levels that were in place on Monday. However, if
                                                                                                                                                                Protection and Locked/Crossed Market Plan, limit
                                              result in an inordinate number of limit orders not       by 8:00 a.m. on Wednesday the E-mini S&P 500
                                                                                                                                                                order price parameters should be applied to ISOs
                                              being accepted, the senior official in the Help Desk     Futures are trading at 1700 (25 points below the
                                                                                                                                                                (or another order type) in a different manner as
                                              may determine to widen the parameters on an intra-       prior day’s close of 1725), then the limit order price   other order types, the Exchange may determine to
                                              day basis in the overlying or related options series.    parameter settings would remain at the levels that       widen or narrow the ATDs with respect to ISOs (or
                                              See C2 Rule 6.17(B); see also C2 Regulatory Circular     were in place on Tuesday.                                another order type), which would be announced via
                                              RG13–059, which is available at http://                     The Exchange notes that these examples are non-       Regulatory Circular. Should the Exchange, in the
                                              www.c2exchange.com/publish/RegCir_C2/C2RG13-             exhaustive and for illustrative purposes only. The       future, determine that, in the interests of fair and
                                              059.pdf. As another example, if the overall market       Exchange also notes that it may determine for the        orderly markets or, in furtherance of the objectives
                                              is experiencing significant volatility, the senior       parameters to differ among series and between pre-       of the Options Order Protection and Locked/
                                              official in the Help Desk may determine to widen         open and intra-day.                                      Crossed Market Plan, limit order price parameters
                                              the limit order price parameters for a series. In that      12 For example, assume the Exchange has               should not apply to ISOs, a further rule filing would
                                              regard, the Exchange has determined that on any          established drill through and limit order price ATD      be required.
                                              trading day where the front-month E-mini S&P 500         settings as prescribed in notes 10 and 11 [sic],           15 Stock-options orders are excluded from the
                                              Futures (symbol ES/1) are trading more than 20           supra. If the market quote in a given series is $2.15–   calculation because the individual component stock
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                                              points above or below the previous day’s closing         $2.55 and an incoming limit order to buy is priced       leg is not traded on the Exchange and, as a result,
                                              values by 8:00 a.m. (all times noted are Central         at $3.50 (more than $0.50 above the offer), the limit    calculation of a derived net market by the
                                              Time), the Exchange will widen the limit order           order price ATD will be triggered and the Exchange       Exchange’s automated system would be a more
                                              price parameter levels from $0.50, $1.00, $1.50,         will not accept the limit order for execution. The       complicated function. If in the future the Exchange
                                              $2.00 and $3.00 as set out in note 10, supra, to         drill through parameter would not apply (the drill       would decide to enhance the limit order price
                                              $1.00, $2.00, $3.00, $4.00 and $6.00, respectively,      through ATD parameter would only be considered           parameter functionality to address stock-option
                                              for the trading day for all series where the limit       if the limit order price ATD parameter is not            orders, the Exchange would file a rule change to
                                              order price parameter is activated (referred to          triggered).                                              address stock-option orders.



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                                              45262                        Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Notices

                                              minimum net price increment ticks                        their orders at or near the Exchange’s                    make clear that the senior official in the
                                              (where the ‘‘minimum net price                           market. A limit order that is priced                      Help Desk can grant relief by widening
                                              increment’’ is the minimum increment                     significantly through the Exchange’s                      or inactivating the applicable APR and/
                                              for net priced bids and offers for the                   market could be indicative of an error                    or ATD setting. The Exchange believes
                                              given complex order strategy). For                       (e.g., mistake in intended price, series,                 including the reference to inactivating
                                              example, if the minimum net price                        put/call) and could result in executions                  the applicable settings is not substantive
                                              increment for complex orders in a given                  occurring at prices that have little or no                because an applicable APR or ATD
                                              series in a class is $0.01, then the ATD                 relation to the theoretical price of the                  parameter could be widened to such a
                                              would be no less than $0.05 (5 × $0.01).                 option. Accordingly, the Exchange                         level that it would be in effect inactive.
                                              If the minimum net price increment is                    believes the limit order price parameter                  The Exchange is also proposing to
                                              $0.05, then the ATD would be no less                     is a mechanism that will help prevent                     provide within the rule text that the
                                              than $0.25 (5 × $0.05). Also similar to                  the entry of erroneous orders, dramatic                   intra-day relief granted by the senior
                                              simple orders, the Exchange might                        price swings and, potentially,
                                                                                                                                                                 official in the Help Desk will not extend
                                              widen or inactivate limit order price                    executions qualifying as obvious
                                                                                                                                                                 beyond the trade day on which it is
                                              parameter for complex orders for one or                  errors 19 on C2. The Exchange also
                                              more classes on an intra-day basis in the                believes that orders that are significantly               granted, unless a determination to
                                              interest of a fair and orderly market.16                 priced through the market have the                        extend such relief if announced to TPHs
                                              The limit order price parameter will                     potential to create market volatility by                  via Regulatory Circular.20 The Exchange
                                              take precedence over another complex                     trading at different price levels until                   is also proposing to provide within the
                                              order parameter to the extent that both                  executed in their entirety. As such, the                  rule text that the Exchange will make
                                              are applicable to an incoming limit                      Exchange believes the limit order price                   and keep records to document all
                                              order.17                                                 parameter may also help limit volatility.                 determinations to grant intra-day relief
                                                 The Exchange is also proposing a                         Second, the Exchange is proposing                      under Rule 6.17, and shall maintain
                                              miscellaneous change to Rule 6.13.04 to                  various miscellaneous changes to the                      those records in accordance with Rule
                                              specifically identify the price check                    existing text in Rule 6.17. In particular,                17a–1 under the Act.21 The rule text
                                              parameters that are not applicable to                    the Exchange is proposing to include a                    will also provide that the Exchange will
                                              stock-option orders in the introductory                  title for each type of price check                        periodically review determinations to
                                              text to this provision. The particular                   parameter within the rule text (i.e., for                 grant intra-day relief for consistency
                                              parameters to which stock-option orders                  the existing market width parameters,                     with the interest of a fair and orderly
                                              may be subjected are already identified                  the existing drill through parameters,                    market. Finally, the Exchange notes that
                                              within the rule text. This proposed                      and the proposed limit order price                        the same intra-day relief provisions are
                                              change is simply to include a list of                    parameters). The addition of these titles                 proposed to apply to the limit order
                                              those parameters which are not                           is non-substantive and is intended for                    price parameter provisions for complex
                                              applicable to stock-option orders in the                 ease of reference only. In addition, the                  orders in proposed Rule 6.13.04(g).
                                              introductory paragraph for ease of                       Exchange is proposing to replace the
                                              reference.18                                             ‘‘class-by-class basis’’ reference in                     2. Statutory Basis
                                                 The Exchange notes that the limit                     proposed Rule 6.17(c) with ‘‘series by
                                                                                                       series and premium basis’’ to provide                       The proposed rule change is
                                              order price parameter for simple and
                                              complex is intended to protect market                    consistency within the Rules and reflect                  consistent with Section 6(b) of the Act 22
                                              participants from executions of limit                    the fact that the APR for a simple order                  in general and furthers the objectives of
                                              orders at prices that are significantly                  will apply on a series by series basis to                 Section 6(b)(5) of the Act 23 in
                                              through the Exchange’s market (i.e., no                  the single series involved in the order                   particular, which requires that the rules
                                              less than five minimum increment ticks                   and be determined on a premium basis                      of an exchange be designed to promote
                                              for simple orders and no less than five                  in relation to the bid-ask differential in                just and equitable principles of trade, to
                                              minimum net price increment ticks for                    that series. For the same reasons, the                    prevent fraudulent and manipulative
                                              complex orders). The Exchange believes                   Exchange proposes to add the term ‘‘and                   acts, to remove impediments to and to
                                              that TPHs that submit orders on C2                       premium’’ to proposed Rule 6.17(a)(1)                     perfect the mechanism of a free and
                                              generally intend to receive executions of                regarding market width parameters. The                    open market and a national market
                                                                                                       Exchange is also renumbering Rule 6.17
                                                16 See also note 11, supra.                            and clarifying existing references to                       20 The Exchange notes that conditions when the

                                                17 Rule 6.13.04 sets forth various price check         APR and ATD as references to the                          Standing Intraday Relief will be instituted and the
                                              parameters applicable to complex orders. For each        existing market width APR and drill                       particular form of relief have been announced via
                                              price check parameter that may be applicable to                                                                    Regulatory Circular. See note 11, supra. The
                                                                                                       through ATD for ease of reference.                        announcement of the pre-established conditions
                                              incoming limit orders—except the market width
                                              parameter—the system will not accept or will
                                                                                                          The existing text of Rule 6.17 also                    and relief is intended to serve the circular
                                              return the order back to the order entry firm if the     provides that the senior official in the                  notification requirement and, as such, a separate
                                              parameter is triggered. If the market width              Help Desk may grant intra-day relief by                   circular would not be issued if this relief is
                                              parameter is triggered, an incoming (or resting)                                                                   instituted over multiple days. However, if the
                                                                                                       widening the APR or ATD settings for                      Exchange would determine to modify the
                                              marketable limit order will be held in the system,
                                              displayed in the complex order book if applicable,
                                                                                                       one or more option series and that                        conditions for Standing Intraday Relief, then the
                                              and not be eligible for automatic execution until the    notification of intraday relief will be                   Exchange would announce those changes by issuing
                                              market width condition is resolved. See Rule             announced via message to Trading                          another Regulatory Circular.
                                                                                                                                                                   21 17 CFR 240.17a-1. The Exchange notes that
                                              6.13.04. In the instance where both the limit order      Permit Holders that request to receive
                                              price parameter and another parameter are                                                                          determinations to grant intra-day relief under Rule
                                              applicable, the limit order price parameter takes
                                                                                                       such messages. The Exchange is                            6.17 will be made in compliance with the
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                                              precedence (i.e., is applied first) before the other     proposing to amend this provision to                      provisions of the Act and the rules thereunder,
                                              parameter is applied.                                    add that such intra-day relief may be                     including, but not limited to, the requirements in
                                                18 Specifically, paragraphs (b) (credit-to-debit
                                                                                                       granted in the interest of a fair and                     Section 6(b)(5) of the Act, 15 U.S.C. 78f(b), that the
                                              parameters), (c) (same expiration strategy                                                                         rules of a national securities exchange not be
                                                                                                       orderly market. The Exchange is also                      designed to permit unfair discrimination between
                                              parameters), (e) (percentage distance parameters)
                                              and proposed paragraph (g) (limit order price            proposing to amend this provision to                      customers, issuers, brokers, or dealers.
                                                                                                                                                                   22 15 U.S.C. 78f(b).
                                              parameters) of Rule 6.13.04 are not applicable to
                                              stock-option orders.                                          19 See   C2 Rule 6.15.                                 23 15 U.S.C. 78f(b)(5).




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                                                                            Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Notices                                                      45263

                                              system, and, in general, to protect                      reference from class by class to series by            pre-opening market and utilize their
                                              investors and the public interest.                       series; to make clear that intra-day relief           own risk management parameters when
                                                 The Exchange believes the proposed                    may be granted in the interest of a fair              entering, maintaining (and cancelling)
                                              rule change furthers the objective of                    and orderly market and may include                    orders prior to the opening, minimizing
                                              Section 6(b)(5) of the Act in that it                    widening or inactivating the applicable               the likelihood of a Market-Maker order
                                              permits the Exchange to address the                      APR and/or ATD; and to include                        resulting an error from being entered
                                              entry of simple and complex limit                        provisions indicating that intra-day                  and continuing to rest prior to the
                                              orders that are priced significantly away                relief may not extend beyond the trade                opening of trading.
                                              from the market that are likely to have                  day on which it is granted, unless a
                                                                                                                                                             C. Self-Regulatory Organization’s
                                              resulted from human or operational                       determination to extend such relief is
                                                                                                                                                             Statement on Comments on the
                                              error.24 By being able to quickly and                    announced to Trading Permit Holders
                                                                                                                                                             Proposed Rule Change Received From
                                              efficiently reject orders that likely                    via Regulatory Circular, and that the
                                                                                                                                                             Members, Participants, or Others
                                              resulted from such error, the proposed                   Exchange will make and keep records to
                                              use of the limit order price parameter                   document determinations to grant intra-                 No written comments were solicited
                                              would promote a fair and orderly                         day relief under Rule 6.17) should also               or received with respect to the proposed
                                              market. Additionally, by having the                      serve to further these objectives by more             rule change.
                                              flexibility to determine the series or                   clearly and fully describing certain                  III. Date of Effectiveness of the
                                              classes where the limit order price                      aspects of the operation of these price               Proposed Rule Change and Timing for
                                              parameter would be applied (or not                       check parameters and addressing                       Commission Action
                                              applied) and the levels at which the                     determinations to modify the operation
                                                                                                       of the price check parameters on an                      The Exchange has filed the proposed
                                              ATD settings would be applied, and to                                                                          rule change pursuant to Section
                                              grant relief on an intra-day basis, the                  intra-day basis as provided within Rule
                                                                                                       6.17. For the same reason, Exchange                   19(b)(3)(A)(iii) of the Act 26 and Rule
                                              Exchange is able to effectively structure                                                                      19b–4(f)(6) thereunder.27 Because the
                                              and efficiently react to particular option               believes the substantially similar intra-
                                                                                                       day relief provisions for complex orders              proposed rule change does not: (i)
                                              characteristics and market conditions—                                                                         Significantly affect the protection of
                                              including (without limitation) price,                    in proposed Rule 6.13.04(g) should also
                                                                                                       serve to further these objectives. The                investors or the public interest; (ii)
                                              volatility, and significant price                                                                              impose any significant burden on
                                              movements—which contributes to its                       Exchange also believes that the
                                                                                                       proposed change to the introductory                   competition; and (iii) become operative
                                              ability to maintain a fair and orderly                                                                         for 30 days from the date on which it
                                              market. Accordingly, the Exchange                        paragraph to Rule 6.13.04 to specifically
                                                                                                       identify the price check parameters that              was filed, or such shorter time as the
                                              believes that this proposal is designed to                                                                     Commission may designate, if
                                              promote just and equity principles of                    are not applicable to stock-option orders
                                                                                                       should also serve to further these                    consistent with the protection of
                                              trade, remove impediments to, and                                                                              investors and the public interest, the
                                              perfect the mechanism of, a free and                     objectives by making the rule easier to
                                                                                                       read and navigate.                                    proposed rule change has become
                                              open market.25                                                                                                 effective pursuant to Section 19(b)(3)(A)
                                                 The Exchange also believes that the                   B. Self-Regulatory Organization’s                     of the Act 28 and Rule 19b–4(f)(6)
                                              other proposed changes to Rule 6.17                      Statement on Burden on Competition                    thereunder.29
                                              (e.g., to include titles for the various                                                                          A proposed rule change filed under
                                                                                                          The Exchange does not believe that
                                              price check parameters; to change a                      the proposed rule change will impose                  Rule 19b–4(f)(6) 30 normally does not
                                                 24 The Exchange believes that these principles are
                                                                                                       any burden on competition that is not                 become operative prior to 30 days after
                                              equally applicable to ISOs. In an effort to protect      necessary or appropriate in furtherance               the date of the filing. However, pursuant
                                              market participants from the consequences of such        of the purposes of the Act. The                       to Rule 19b–4(f)(6)(iii),31 the
                                              order entry errors and prevent market disruptions        Exchange believes that the proposed                   Commission may designate a shorter
                                              that may be caused by erroneously placed orders,         rule change will promote competition in               time if such action is consistent with the
                                              the Exchange has determined to apply limit order
                                              price parameters to ISOs on the Exchange. The            that the limit order price parameters                 protection of investors and the public
                                              Exchange believes that applying limit order price        provide market participants with                      interest. The Exchange has asked the
                                              parameters to ISOs serves to protect investors and       additional protection from anomalous                  Commission to waive the 30-day
                                              is consistent with Section 6(b) of the Act.              trading. Thus, the Exchange does not                  operative delay so that the proposed
                                                 25 The Exchange notes that limit order price
                                                                                                       believe the proposal creates any                      rule change may become operative
                                              parameters are in effect in all classes except options
                                              on Apple Inc. (AAPL). There are no limit order           significant impact on competition.                    immediately. According to the
                                              price parameters currently activated for option class       The price check parameter features                 Exchange, the proposed rule change will
                                              AAPL. See C2 Regulatory Circular RG13–059,               are intended to prevent executions at                 provide additional protections against
                                              which is available at http://www.c2exchange.com/         potentially erroneously prices, which
                                              publish/RegCir_C2/C2RG13-059.pdf. According to
                                                                                                                                                             the execution of limit orders that are
                                              the Exchange, volume for options class AAPL is
                                                                                                       should serve to promote a fair and                    priced significantly away from the
                                              higher and trading is more volatile, while the price     orderly market and promote trading                    market as a result of human or
                                              of the underlying stock is higher (e.g., Apple Inc.      activity on the Exchange to the benefit
                                              closed at $125.69 on July 7, 2015). The Exchange         of the Exchange, its TPHs, and market                   26 15  U.S.C. 78s(b)(3)(A)(iii).
                                              believes that application of the limit order price
                                              parameters in these circumstances may serve as
                                                                                                       participants. The Exchange notes that                   27 17  CFR 240.19b–4(f)(6).
                                              more of a hindrance to the orderly processing            the limit order price parameters are                     28 15 U.S.C. 78s(b)(3)(A).
                                                                                                                                                                29 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                              orders (e.g., application of the parameter may result    applied equally to all eligible limit
                                              in an inordinate number of orders being excepted                                                               4(f)(6)(iii) requires the Exchange to give the
                                                                                                       orders, with the limited exception that               Commission written notice of the Exchange’s intent
                                              from automated process and instead routing for
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                                              manual handling) and, as a result, has determined
                                                                                                       the parameters do not apply to limit                  to file the proposed rule change, along with a brief
                                              to not apply the parameters to option class AAPL         orders for Exchange Market-Makers and                 description and text of the proposed rule change,
                                              for the time being. The Exchange believes that           away Market-Makers entered prior to                   at least five business days prior to the date of filing
                                              because of these factors different treatment of the                                                            of the proposed rule change, or such shorter time
                                                                                                       the opening. The Exchange believes this               as designated by the Commission. The Exchange
                                              AAPL class is warranted. However, the Exchange
                                              may evaluate whether to apply the parameters to
                                                                                                       does not place an undue burden on                     has satisfied this requirement.
                                              the option class and any determination to do so          competition as the Exchange believes                     30 17 CFR 240.19b–4(f)(6).

                                              would be announced via Regulatory Circular.              that Market-Makers actively evaluate the                 31 17 CFR 240.19b–4(f)(6)(iii).




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                                              45264                        Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Notices

                                              operational error. In addition, C2’s                     change that are filed with the                            SUPPLEMENTARY INFORMATION:     Notice is
                                              proposed changes to allow flexibility in                 Commission, and all written                               hereby given that as a result of the
                                              setting the ATD for a particular option                  communications relating to the                            President’s major disaster declaration on
                                              class or series and to grant intra-day                   proposed rule change between the                          07/22/2015, Private Non-Profit
                                              relief in the interest of a fair and orderly             Commission and any person, other than                     organizations that provide essential
                                              market should provide the Exchange                       those that may be withheld from the                       services of governmental nature may file
                                              with the ability to address particular                   public in accordance with the                             disaster loan applications at the address
                                              option characteristics and markets                       provisions of 5 U.S.C. 552, will be                       listed above or other locally announced
                                              conditions. Accordingly, the                             available for Web site viewing and                        locations.
                                              Commission finds that waiving the 30-                    printing in the Commission’s Public                          The following areas have been
                                              day operative delay is consistent with                   Reference Room, 100 F Street NE.,                         determined to be adversely affected by
                                              the protection of investors and the                      Washington, DC 20549 on official                          the disaster:
                                              public interest and hereby designates                    business days between the hours of 10                     Primary Counties: Atlantic, Burlington,
                                              the proposal operative upon filing.32                    a.m. and 3 p.m. Copies of such filing                        Camden, Gloucester.
                                                 At any time within 60 days of the                     also will be available for inspection and                    The Interest Rates are:
                                              filing of the proposed rule change, the                  copying at the principal offices of the
                                              Commission summarily may                                 Exchange. All comments received will                                                                        Percent
                                              temporarily suspend such rule change if                  be posted without change; the
                                              it appears to the Commission that such                   Commission does not edit personal                         For Physical Damage:
                                              action is necessary or appropriate in the                identifying information from                                Non-Profit Organizations with
                                              public interest, for the protection of                   submissions. You should submit only                           Credit Available Elsewhere ...                   2.625
                                              investors, or otherwise in furtherance of                information that you wish to make                           Non-Profit Organizations with-
                                              the purposes of the Act. If the                          available publicly. All submissions                           out Credit Available Else-
                                                                                                                                                                     where .....................................      2.625
                                              Commission takes such action, the                        should refer to File Number SR–C2–                        For Economic Injury:
                                              Commission shall institute proceedings                   2015–021, and should be submitted on                        Non-Profit Organizations with-
                                              to determine whether the proposed rule                   or before August 19, 2015.                                    out Credit Available Else-
                                              change should be approved or                               For the Commission, by the Division of                      where .....................................      2.625
                                              disapproved.                                             Trading and Markets, pursuant to delegated
                                              IV. Solicitation of Comments                             authority.33                                                The number assigned to this disaster
                                                                                                       Robert W. Errett,                                         for physical damage is 14385B and for
                                                Interested persons are invited to                      Deputy Secretary.                                         economic injury is 14386B.
                                              submit written data, views, and
                                                                                                       [FR Doc. 2015–18540 Filed 7–28–15; 8:45 am]               (Catalog of Federal Domestic Assistance
                                              arguments concerning the foregoing,                                                                                Numbers 59002 and 59008)
                                                                                                       BILLING CODE 8011–01–P
                                              including whether the proposed rule
                                              change is consistent with the Act.                                                                                 James E. Rivera,
                                              Comments may be submitted by any of                                                                                Associate Administrator for Disaster
                                              the following methods:                                   SMALL BUSINESS ADMINISTRATION                             Assistance.
                                                                                                       [Disaster Declaration #14385 and #14386]                  [FR Doc. 2015–18556 Filed 7–28–15; 8:45 am]
                                              Electronic Comments
                                                                                                                                                                 BILLING CODE 8025–01–P
                                                • Use the Commission’s Internet                        New Jersey Disaster #NJ–00011
                                              comment form (http://www.sec.gov/
                                              rules/sro.shtml); or                                     AGENCY: U.S. Small Business                               SMALL BUSINESS ADMINISTRATION
                                                • Send an email to rule-comments@                      Administration.
                                              sec.gov. Please include File Number SR–                  ACTION: Notice.                                           [Disaster Declaration #14371 and #14372]
                                              C2–2015–021 on the subject line.                         SUMMARY:   This is a Notice of the                        Louisiana Disaster Number LA–00009
                                              Paper Comments                                           Presidential declaration of a major
                                                                                                       disaster for Public Assistance Only for                   AGENCY: U.S. Small Business
                                                • Send paper comments in triplicate                                                                              Administration.
                                                                                                       the State of New Jersey (FEMA–4231–
                                              to Secretary, Securities and Exchange
                                                                                                       DR), dated 07/22/2015.                                    ACTION: Amendment 1.
                                              Commission, 100 F Street NE.,
                                                                                                         Incident: Severe storm.
                                              Washington, DC 20549–1090.                                 Incident Period: 06/23/2015.                            SUMMARY:   This is an amendment of the
                                              All submissions should refer to File                       Effective Date: 07/22/2015.                             Presidential declaration of a major
                                              Number SR–C2–2015–021. This file                           Physical Loan Application Deadline                      disaster for Public Assistance Only for
                                              number should be included on the                         Date: 09/21/2015.                                         the State of Louisiana (FEMA–4228–
                                              subject line if email is used. To help the                 Economic Injury (EIDL) Loan                             DR), dated 07/13/2015.
                                              Commission process and review your                       Application Deadline Date: 04/22/2016.                      Incident: Severe Storms and Flooding.
                                              comments more efficiently, please use                    ADDRESSES: Submit completed loan                            Incident Period: 05/18/2015 through
                                              only one method. The Commission will                     applications to: U.S. Small Business                      06/20/2015.
                                              post all comments on the Commission’s                    Administration, Processing and                              Effective Date: 07/21/2015.
                                              Internet Web site (http://www.sec.gov/                   Disbursement Center, 14925 Kingsport                        Physical Loan Application Deadline
                                              rules/sro.shtml). Copies of the                          Road, Fort Worth, TX 76155.                               Date: 09/11/2015.
                                              submission, all subsequent                                                                                           Economic Injury (EIDL) Loan
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                       FOR FURTHER INFORMATION CONTACT: A.
                                              amendments, all written statements                       Escobar, Office of Disaster Assistance,                   Application Deadline Date: 04/13/2016.
                                              with respect to the proposed rule                        U.S. Small Business Administration,                       ADDRESSES: Submit completed loan
                                                32 For purposes only of waiving the 30-day
                                                                                                       409 3rd Street SW., Suite 6050,                           applications to: U.S. Small Business
                                              operative delay, the Commission has considered the       Washington, DC 20416                                      Administration Processing and
                                              proposed rule’s impact on efficiency, competition,                                                                 Disbursement Center, 14925 Kingsport
                                              and capital formation. See 15 U.S.C. 78c(f).                  33 17   CFR 200.30–3(a)(12), (59).                   Road, Fort Worth, TX 76155.


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Document Created: 2015-12-15 13:05:59
Document Modified: 2015-12-15 13:05:59
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 45259 

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