80_FR_74414 80 FR 74186 - Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Technical Disconnect Mechanism

80 FR 74186 - Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Technical Disconnect Mechanism

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 228 (November 27, 2015)

Page Range74186-74188
FR Document2015-30074

Federal Register, Volume 80 Issue 228 (Friday, November 27, 2015)
[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Notices]
[Pages 74186-74188]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30074]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76488; File No. SR-C2-2015-032]


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

November 20, 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 November 9, 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, II, and III below, which Items have been prepared by the 
Exchange. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 6.48 related to the Exchange's 
Technical Disconnect Mechanism. The text of the proposed rule change is 
provided below. (additions are italicized; deletions are [bracketed])

C2 Options Exchange, Incorporated

Rules

* * * * *
Rule 6.48. Technical Disconnect
    (a) When a CBOE Application Server (``CAS'') loses communication 
with a Client Application such that a CAS does not receive an 
appropriate response to a Heartbeat Request within ``x'' period of 
time, the Technical Disconnect Mechanism will automatically logoff the 
Permit Holder's affected Client Application and [, if applicable, will] 
automatically cancel all the Permit Holder's Market-Maker quotes, if 
applicable, and open orders with a time-in-force of ``day'' (``day 
orders''), if the Permit Holder enables that optional service, posted 
through the affected Client Application. The following describes how 
the Technical Disconnect Mechanism works for each of the Exchange's 
application programming interfaces (``APIs''):
    (i) CBOE Market Interface 2.0 (``CMi 2'') API. A CAS shall generate 
a Heartbeat Request to a Client Application (i) after the CAS does not 
receive any messages from a particular Client Application for ``n'' 
period of time or (ii) after every ``n'' period of time. A Permit 
Holder shall determine the value of ``n.'' In no event shall ``n'' be 
less than three (3) seconds or exceed twenty (20) seconds. If a CAS 
generates a Heartbeat Request only after it does not receive any 
messages from a particular Client Application for ``n'' period of time, 
the value of ``x'' shall be set at a half (.5) second. If a CAS 
generates a Heartbeat Request every ``n'' period of time, the value of 
``x'' shall be equal to the value of ``n.''
    (ii) Financial Information eXchange (``FIX'') Protocol API. A CAS 
shall generate a Heartbeat Message to a Client Application after the 
CAS does not receive any messages from a particular Client Application 
for ``n'' period of time. If the CAS does not receive a response to the 
Heartbeat Message from the Client Application for ``n'' period of time, 
the CAS shall generate a Heartbeat Request to the Client Application. A 
Permit Holder shall determine the value of ``n'' at logon. In no event 
shall ``n'' be less than five (5) seconds. The value of ``x'' shall be 
equal to the value of ``n.''
    (b) The Technical Disconnect Mechanism is enabled for all Permit 
Holders and may not be disabled by Permit Holders, except the automatic 
cancellation of a Permit Holder's day orders is an optional service 
that the Permit Holder may enable or disable through the API.
    (c) The trigger of the Technical Disconnect Mechanism is event- and 
Client Application- specific. The automatic cancellation of a Market-
Maker's quotes (if applicable) or a Permit Holder's day orders (if 
enabled by the Permit Holder) entered into a CAS via a particular 
Client Application will neither impact nor determine the treatment of 
the quotes of the same or other Market-Makers or orders of the same 
Permit Holder entered into the CAS via a separate and distinct Client 
Application. Except for day orders the Technical Disconnect Mechanism 
automatically cancels if a Permit Holder enables that optional service, 
[T]the Technical Disconnect Mechanism will not impact or determine the 
treatment of orders a Permit Holder previously entered into the CAS.
    . . . Interpretations and Policies:
    .01 No change.
* * * * *
    The text of the proposed rule change is also available on the 
Exchange's Web site (http://www.c2exchange.com/Legal/), at the 
Exchange's Office of the Secretary, and at the Commission's Public 
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 6.48 related to the Exchange's 
Technical Disconnect Mechanism. Rule 6.48(a) provides that when a CBOE

[[Page 74187]]

Application Server (``CAS'') \3\ loses communication with a Client 
Application \4\ such that a CAS does not receive an appropriate 
response to a Heartbeat Request \5\ within ``x'' period of time, the 
Technical Disconnect Mechanism will automatically logoff the Permit 
Holder's affected Client Application. If that occurs, the current rule 
provides that the Technical Disconnect Mechanism, if applicable, will 
automatically cancel all the Permit Holder's Market-Maker quotes posted 
through the affected Client Application.\6\ The Technical Disconnect 
Mechanism is intended to help mitigate the potential risks associated 
with a loss of communication with a Client Application, such as 
erroneous or unintended executions for stale quotes that are resting in 
the C2 book. This mechanism serves to assist a Permit Holder when a 
technical or system issue occurs, as well as assist the Exchange in 
maintaining a fair and orderly market.
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    \3\ C2 currently has numerous CASs serving Permit Holders.
    \4\ For relevant purposes, a ``Client Application'' is the 
system component, such as a C2-supported workstation or a Permit 
Holder's custom trading application, through which a Permit Holder 
communicates its quotes and/or orders to a CAS. Messages are passed 
between a Client Application and a CAS. A Market-Maker may send 
quotes to the Exchange from one or more Client Applications, and a 
Permit Holder may send orders to the Exchange from one or more 
Client Applications.
    \5\ A ``Heartbeat Request'' refers to a message from a CAS to a 
Client Application to check connectivity and which requires a 
response from the Client Application in order to avoid logoff. The 
Heartbeat Request acts as a virtual pulse between a CAS and a Client 
Application and allows a CAS to continually monitor its connection 
with a Client Application. Failure to receive a response to a 
Heartbeat Request within the Heartbeat Response Time is indicative 
of a technical or system issue.
    \6\ See Rule 6.48 and Securities Exchange Act Release No. 34-
70112 (August 5, 2013), 78 FR 48738 (August 9, 2013) (SR-C2-2013-
029) for further information regarding the Technical Disconnect 
Mechanism.
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    The proposed rule change provides Permit Holders with an optional 
service that, if enabled by a Permit Holder, will cause the Technical 
Disconnect Mechanism to also automatically cancel all the Permit 
Holder's open orders with a time-in-force of ``day'' (``day orders'') 
posted through the affected Client Application if the CAS loses 
communication with the Client Application. The proposed rule change 
amends Rule 6.48(b) to provide that the Permit Holder may enable or 
disable this optional service through its application programming 
interface (``API'') (all other aspects of the Technical Disconnect 
Mechanism continue to otherwise be enabled for all Permit Holders and 
may not be disabled by Permit Holders).\7\ The proposed rule change 
makes corresponding changes to Rule 6.48(c) that indicate the Technical 
Disconnect Mechanism will automatically cancel a Permit Holder's day 
orders (in addition to a Market-Maker's quotes), if the Permit Holder 
enables the proposed optional service.\8\ As is the case in the event 
the Technical Disconnect Mechanism automatically logs a Permit Holder 
off and cancels its Market-Maker quotes (if applicable), if a Permit 
Holder enables this proposed optional service, and the Technical 
Disconnect Mechanism automatically logs a Permit Holder off and cancels 
the Permit Holder's day orders due to lost communication with Permit 
Holder's Client Application, the Permit Holder may send messages to the 
CAS to enter new orders once it reestablishes connectivity to the 
Client Application. In addition, any nonconnectivity will continue to 
be event- and Client Application-specific. In other words, any 
cancellation of day orders entered into a CAS via a particular Client 
Application will neither impact nor determine the treatment of the 
quotes of the same Permit Holder entered into a CAS via a separate and 
distinct Client Application. The Technical Disconnect Mechanism will 
not impact or determine the treatment of orders previously entered into 
a CAS if the Permit Holder does not enable this optional service, nor 
will it impact or determine the treatment of non-day orders previously 
entered into a CAS by the Permit Holder. The Exchange notes use of this 
service will be voluntary and within the sole discretion of each Permit 
Holder.
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    \7\ C2 currently makes available two APIs: CBOE Market Interface 
2.0 (``CMi 2'') and Financial Information eXchange Protocol 
(``FIX'').
    \8\ In addition, the proposed rule change makes nonsubstantive 
changes to Rule 6.48 including moving the phrase ``if applicable'' 
to ensure that phrase clearly applies to the cancellation of a 
Market-Maker's quotes (as that functionality only applies to Permit 
Holders that are Market-Makers).
---------------------------------------------------------------------------

    The proposed optional service is an additional preventative risk 
control measure that C2 is making available to Permit Holders. It is 
intended to help further mitigate the potential risks associated with a 
loss of communication with a Client Application. While orders may be 
static in nature and rest in the book, Permit Holders often enter day 
orders more frequently in response to then-current market conditions. 
Therefore, if a Permit Holder's Client Application is disconnected for 
any period of time, it is possible that market conditions upon which it 
based its day orders may change during that time and make those orders 
stale. Consequently, any resulting executions of those orders may be 
erroneous or unintended. The Exchange believes it is appropriate to 
limit this optional service to day orders and exclude good-til-
cancelled orders,\9\ as those orders are intended to rest in the book 
for a period of time and thus have lower risk of erroneous or 
unintended executions during and after the Technical Disconnect 
Mechanism logs off a Permit Holder.
---------------------------------------------------------------------------

    \9\ Currently, the Exchange offers two time-in-force order 
types: day and good-til-cancelled. The proposed optional service 
will apply to orders that include the ``day'' marking.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Act and the rules and regulations thereunder applicable to the 
Exchange and, in particular, the requirements of Section 6(b) of the 
Act.\10\ Specifically, the Exchange believes the proposed rule change 
is consistent with the Section 6(b)(5) \11\ requirements that the rules 
of an exchange be designed to prevent fraudulent and manipulative acts 
and practices, to promote just and equitable principles of trade, to 
foster cooperation and coordination with persons engaged in regulating, 
clearing, settling, processing information with respect to, and 
facilitating transactions in securities, to remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system, and, in general, to protect investors and the public interest. 
Additionally, the Exchange believes the proposed rule change is 
consistent with the Section 6(b)(5) \12\ requirement that the rules of 
an exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
    \12\ Id.
---------------------------------------------------------------------------

    In particular, the proposed rule change helps maintain a fair and 
orderly market and protects investors and the public interest. The 
Technical Disconnect Mechanism is a valuable tool that is designed to 
help maintain a fair and orderly market. The Exchange believes that 
providing Permit Holders with the option to have the Technical 
Disconnect Mechanism cancel its day orders, in addition to Market-Maker 
quotes (if applicable), further mitigates the potential risks 
associated with a loss in communication with a Client Application. The 
Exchange believes it is reasonable to offer to cancel only day orders. 
Unlike non-day orders, day orders are more likely to be reflective of 
then-current market conditions and are intended to rest in the book for 
a limited period of time. As a result, in the event

[[Page 74188]]

that a CAS loses connectivity with a Client Application, execution of 
day orders during that time are more likely to result in erroneous or 
unintended executions, while risk of such executions is lower for non-
day orders. The proposed optional service protects Permit Holders from 
these potential erroneous or unintended executions, as well as protects 
investors and the efficiency and fairness of the markets in general. 
The Exchange believes this functionality enhances the overall market 
quality for options traded on C2. The Exchange notes that other 
exchanges offer their members similar services that cancels a member's 
orders if it disconnects from the exchange.\13\
---------------------------------------------------------------------------

    \13\ See, e.g., BZX Exchange US Equities FIX Specification, 
Version 1.33.5 (October 8, 2014), available at http://www.batstrading.com/resources/membership/BATS_FIX_Specification.pdf 
(see Section 5.1 for description of automatic cancel on 
disconnection or malfunction); MIAX Options Market Protections 
Handout (March 2015), available at https://www.miaxoptions.com/sites/default/files/MIAX_Market_Protections_March_2015.pdf (see page 
5 for description of auto cancel on disconnect order protection); 
and NYSE UTPDirect (CGC Binary) API Specification, V1.4 (February 
26, 2015), available at https://www.nyse.com/publicdocs/nyse/markets/nyse/NYSEUTPDirect_Specification.pdf (see Section 3.8 for 
description of cancel on disconnect service).
---------------------------------------------------------------------------

    The Exchange also believes that the proposed rule change is 
designed to not permit unfair discrimination among market participants. 
Use of the optional service will be voluntary and within the sole 
discretion of each Permit Holder. The proposed optional service is 
available to all Permit Holders and will apply to the same order types 
of all Permit Holders.

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

    C2 does not believe that the proposed rule change will impose any 
burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. Specifically, the Exchange does 
not believe the proposed rule change will cause any burden on 
intramarket competition because the optional service will be available 
to all Permit Holders. Use of this optional service will be within the 
sole discretion of each Permit Holder. The proposed rule change will 
have no impact on Permit Holders that do not enable the proposed 
optional service. For Permit Holders that elect to enable the proposed 
optional service, the only impact on those Permit Holders will be 
cancellation of day orders (in addition to Market-Maker quotes) upon 
loss of connectivity. The Technical Disconnect Mechanism will otherwise 
continue to function in the same manner as it does today. Further, the 
Exchange does not believe that such change will impose any burden on 
intermarket competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. The proposed rule change 
modifies a mechanism available on C2's system and applies only to 
orders entered on C2. The Exchange notes that, should the proposed 
change make C2 a more attractive place for trading, market participants 
trading on other exchanges are welcome to become Permit Holders and 
trade at C2 if they determine that this proposed change has made C2 
more attractive or favorable. Additionally, as discussed above, other 
options exchanges offer their members similar functionality.\14\
---------------------------------------------------------------------------

    \14\ Id.
---------------------------------------------------------------------------

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

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

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \15\ and paragraph (f) of Rule 19b-4\16\ 
thereunder. At any time within 60 days of the filing of the proposed 
rule change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission will institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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 rule-comments@sec.gov. Please include 
File Number SR-C2-2015-032 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-C2-2015-032. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-C2-2015-032 and should be 
submitted on or before December 18, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-30074 Filed 11-25-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  74186                         Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices

                                                  Regulation NMS, extending the                           I. Self-Regulatory Organization’s                     be less than five (5) seconds. The value
                                                  exemption is appropriate in the public                  Statement of the Terms of Substance of                of ‘‘x’’ shall be equal to the value of ‘‘n.’’
                                                  interest and consistent with the                        the Proposed Rule Change                                 (b) The Technical Disconnect
                                                  protection of investors.                                                                                      Mechanism is enabled for all Permit
                                                                                                             The Exchange proposes to amend
                                                    Therefore, it is hereby ordered that,                                                                       Holders and may not be disabled by
                                                                                                          Rule 6.48 related to the Exchange’s
                                                  pursuant to Rule 612(c) of Regulation                                                                         Permit Holders, except the automatic
                                                                                                          Technical Disconnect Mechanism. The
                                                  NMS, the Exchange is granted an                                                                               cancellation of a Permit Holder’s day
                                                                                                          text of the proposed rule change is
                                                  extension of the limited exemption from                                                                       orders is an optional service that the
                                                                                                          provided below. (additions are
                                                  Rule 612 of Regulation NMS that allows                                                                        Permit Holder may enable or disable
                                                                                                          italicized; deletions are [bracketed])
                                                  the Exchange to accept and rank orders                                                                        through the API.
                                                  priced equal to or greater than $1.00 per               C2 Options Exchange, Incorporated                        (c) The trigger of the Technical
                                                  share in increments of $0.001, in                       Rules                                                 Disconnect Mechanism is event- and
                                                  connection with the operation of its RPI                                                                      Client Application- specific. The
                                                  Program, until December 1, 2016.                        *      *      *      *       *                        automatic cancellation of a Market-
                                                                                                          Rule 6.48. Technical Disconnect                       Maker’s quotes (if applicable) or a
                                                    The limited and temporary exemption
                                                                                                                                                                Permit Holder’s day orders (if enabled
                                                  extended by this Order is subject to                       (a) When a CBOE Application Server                 by the Permit Holder) entered into a
                                                  modification or revocation if at any time               (‘‘CAS’’) loses communication with a                  CAS via a particular Client Application
                                                  the Commission determines that such                     Client Application such that a CAS does               will neither impact nor determine the
                                                  action is necessary or appropriate in                   not receive an appropriate response to a              treatment of the quotes of the same or
                                                  furtherance of the purposes of the Act.                 Heartbeat Request within ‘‘x’’ period of              other Market-Makers or orders of the
                                                  Responsibility for compliance with any                  time, the Technical Disconnect                        same Permit Holder entered into the
                                                  applicable provisions of the Federal                    Mechanism will automatically logoff the               CAS via a separate and distinct Client
                                                  securities laws must rest with the                      Permit Holder’s affected Client                       Application. Except for day orders the
                                                  persons relying on the exemption that                   Application and [, if applicable, will]               Technical Disconnect Mechanism
                                                  are the subject of this Order.                          automatically cancel all the Permit                   automatically cancels if a Permit Holder
                                                    For the Commission, by the Division of                Holder’s Market-Maker quotes, if                      enables that optional service, [T]the
                                                  Trading and Markets, pursuant to delegated              applicable, and open orders with a time-              Technical Disconnect Mechanism will
                                                  authority.6                                             in-force of ‘‘day’’ (‘‘day orders’’), if the          not impact or determine the treatment of
                                                  Robert W. Errett,                                       Permit Holder enables that optional                   orders a Permit Holder previously
                                                  Deputy Secretary.                                       service, posted through the affected                  entered into the CAS.
                                                  [FR Doc. 2015–30084 Filed 11–25–15; 8:45 am]            Client Application. The following                        . . . Interpretations and Policies:
                                                  BILLING CODE 8011–01–P
                                                                                                          describes how the Technical Disconnect                   .01 No change.
                                                                                                          Mechanism works for each of the
                                                                                                                                                                *      *     *     *     *
                                                                                                          Exchange’s application programming
                                                                                                          interfaces (‘‘APIs’’):                                   The text of the proposed rule change
                                                  SECURITIES AND EXCHANGE                                                                                       is also available on the Exchange’s Web
                                                  COMMISSION                                                 (i) CBOE Market Interface 2.0 (‘‘CMi
                                                                                                                                                                site (http://www.c2exchange.com/Legal/
                                                                                                          2’’) API. A CAS shall generate a
                                                                                                                                                                ), at the Exchange’s Office of the
                                                                                                          Heartbeat Request to a Client
                                                  [Release No. 34–76488; File No. SR–C2–                                                                        Secretary, and at the Commission’s
                                                  2015–032]                                               Application (i) after the CAS does not
                                                                                                                                                                Public Reference Room.
                                                                                                          receive any messages from a particular
                                                  Self-Regulatory Organizations; C2                       Client Application for ‘‘n’’ period of                II. Self-Regulatory Organization’s
                                                  Options Exchange, Incorporated;                         time or (ii) after every ‘‘n’’ period of              Statement of the Purpose of, and
                                                  Notice of Filing and Immediate                          time. A Permit Holder shall determine                 Statutory Basis for, the Proposed Rule
                                                  Effectiveness of a Proposed Rule                        the value of ‘‘n.’’ In no event shall ‘‘n’’           Change
                                                  Change Relating to the Technical                        be less than three (3) seconds or exceed                In its filing with the Commission, the
                                                  Disconnect Mechanism                                    twenty (20) seconds. If a CAS generates               Exchange included statements
                                                                                                          a Heartbeat Request only after it does                concerning the purpose of and basis for
                                                  November 20, 2015.                                      not receive any messages from a                       the proposed rule change and discussed
                                                     Pursuant to Section 19(b)(1) of the                  particular Client Application for ‘‘n’’               any comments it received on the
                                                  Securities Exchange Act of 1934 (the                    period of time, the value of ‘‘x’’ shall be           proposed rule change. The text of these
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  set at a half (.5) second. If a CAS                   statements may be examined at the
                                                  notice is hereby given that on November                 generates a Heartbeat Request every ‘‘n’’             places specified in Item IV below. The
                                                  9, 2015, C2 Options Exchange,                           period of time, the value of ‘‘x’’ shall be           Exchange has prepared summaries, set
                                                  Incorporated (the ‘‘Exchange’’ or ‘‘C2’’)               equal to the value of ‘‘n.’’                          forth in sections A, B, and C below, of
                                                  filed with the Securities and Exchange                     (ii) Financial Information eXchange                the most significant aspects of such
                                                  Commission (the ‘‘Commission’’) the                     (‘‘FIX’’) Protocol API. A CAS shall                   statements.
                                                  proposed rule change as described in                    generate a Heartbeat Message to a Client
                                                  Items I, II, and III below, which Items                 Application after the CAS does not                    A. Self-Regulatory Organization’s
                                                  have been prepared by the Exchange.                     receive any messages from a particular                Statement of the Purpose of, and
                                                                                                                                                                Statutory Basis for, the Proposed Rule
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  The Commission is publishing this                       Client Application for ‘‘n’’ period of
                                                  notice to solicit comments on the                       time. If the CAS does not receive a                   Change
                                                  proposed rule change from interested                    response to the Heartbeat Message from                1. Purpose
                                                  persons.                                                the Client Application for ‘‘n’’ period of
                                                                                                          time, the CAS shall generate a Heartbeat                The Exchange proposes to amend
                                                    6 17 CFR 200.30–3(a)(83).                             Request to the Client Application. A                  Rule 6.48 related to the Exchange’s
                                                    1 15 U.S.C. 78s(b)(1).                                Permit Holder shall determine the value               Technical Disconnect Mechanism. Rule
                                                    2 17 CFR 240.19b–4.                                   of ‘‘n’’ at logon. In no event shall ‘‘n’’            6.48(a) provides that when a CBOE


                                             VerDate Sep<11>2014   19:01 Nov 25, 2015   Jkt 238001   PO 00000   Frm 00116   Fmt 4703   Sfmt 4703   E:\FR\FM\27NON1.SGM   27NON1


                                                                               Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices                                                   74187

                                                  Application Server (‘‘CAS’’) 3 loses                     by Permit Holders).7 The proposed rule               any resulting executions of those orders
                                                  communication with a Client                              change makes corresponding changes to                may be erroneous or unintended. The
                                                  Application 4 such that a CAS does not                   Rule 6.48(c) that indicate the Technical             Exchange believes it is appropriate to
                                                  receive an appropriate response to a                     Disconnect Mechanism will                            limit this optional service to day orders
                                                  Heartbeat Request 5 within ‘‘x’’ period of               automatically cancel a Permit Holder’s               and exclude good-til-cancelled orders,9
                                                  time, the Technical Disconnect                           day orders (in addition to a Market-                 as those orders are intended to rest in
                                                  Mechanism will automatically logoff the                  Maker’s quotes), if the Permit Holder                the book for a period of time and thus
                                                  Permit Holder’s affected Client                          enables the proposed optional service.8              have lower risk of erroneous or
                                                  Application. If that occurs, the current                 As is the case in the event the Technical            unintended executions during and after
                                                  rule provides that the Technical                         Disconnect Mechanism automatically                   the Technical Disconnect Mechanism
                                                  Disconnect Mechanism, if applicable,                     logs a Permit Holder off and cancels its             logs off a Permit Holder.
                                                  will automatically cancel all the Permit                 Market-Maker quotes (if applicable), if a
                                                                                                                                                                2. Statutory Basis
                                                  Holder’s Market-Maker quotes posted                      Permit Holder enables this proposed
                                                                                                           optional service, and the Technical                     The Exchange believes the proposed
                                                  through the affected Client                                                                                   rule change is consistent with the Act
                                                  Application.6 The Technical Disconnect                   Disconnect Mechanism automatically
                                                                                                           logs a Permit Holder off and cancels the             and the rules and regulations
                                                  Mechanism is intended to help mitigate                                                                        thereunder applicable to the Exchange
                                                                                                           Permit Holder’s day orders due to lost
                                                  the potential risks associated with a loss                                                                    and, in particular, the requirements of
                                                                                                           communication with Permit Holder’s
                                                  of communication with a Client                                                                                Section 6(b) of the Act.10 Specifically,
                                                                                                           Client Application, the Permit Holder
                                                  Application, such as erroneous or                                                                             the Exchange believes the proposed rule
                                                                                                           may send messages to the CAS to enter
                                                  unintended executions for stale quotes                                                                        change is consistent with the Section
                                                                                                           new orders once it reestablishes
                                                  that are resting in the C2 book. This                    connectivity to the Client Application.              6(b)(5) 11 requirements that the rules of
                                                  mechanism serves to assist a Permit                      In addition, any nonconnectivity will                an exchange be designed to prevent
                                                  Holder when a technical or system issue                  continue to be event- and Client                     fraudulent and manipulative acts and
                                                  occurs, as well as assist the Exchange in                Application-specific. In other words,                practices, to promote just and equitable
                                                  maintaining a fair and orderly market.                   any cancellation of day orders entered               principles of trade, to foster cooperation
                                                     The proposed rule change provides                     into a CAS via a particular Client                   and coordination with persons engaged
                                                  Permit Holders with an optional service                  Application will neither impact nor                  in regulating, clearing, settling,
                                                  that, if enabled by a Permit Holder, will                determine the treatment of the quotes of             processing information with respect to,
                                                  cause the Technical Disconnect                           the same Permit Holder entered into a                and facilitating transactions in
                                                  Mechanism to also automatically cancel                   CAS via a separate and distinct Client               securities, to remove impediments to
                                                  all the Permit Holder’s open orders with                 Application. The Technical Disconnect                and perfect the mechanism of a free and
                                                  a time-in-force of ‘‘day’’ (‘‘day orders’’)              Mechanism will not impact or                         open market and a national market
                                                  posted through the affected Client                       determine the treatment of orders                    system, and, in general, to protect
                                                  Application if the CAS loses                             previously entered into a CAS if the                 investors and the public interest.
                                                  communication with the Client                            Permit Holder does not enable this                   Additionally, the Exchange believes the
                                                  Application. The proposed rule change                    optional service, nor will it impact or              proposed rule change is consistent with
                                                                                                           determine the treatment of non-day                   the Section 6(b)(5) 12 requirement that
                                                  amends Rule 6.48(b) to provide that the
                                                                                                           orders previously entered into a CAS by              the rules of an exchange not be designed
                                                  Permit Holder may enable or disable
                                                                                                           the Permit Holder. The Exchange notes                to permit unfair discrimination between
                                                  this optional service through its
                                                                                                           use of this service will be voluntary and            customers, issuers, brokers, or dealers.
                                                  application programming interface                                                                                In particular, the proposed rule
                                                  (‘‘API’’) (all other aspects of the                      within the sole discretion of each Permit
                                                                                                                                                                change helps maintain a fair and orderly
                                                  Technical Disconnect Mechanism                           Holder.
                                                                                                             The proposed optional service is an                market and protects investors and the
                                                  continue to otherwise be enabled for all                                                                      public interest. The Technical
                                                  Permit Holders and may not be disabled                   additional preventative risk control
                                                                                                           measure that C2 is making available to               Disconnect Mechanism is a valuable
                                                                                                           Permit Holders. It is intended to help               tool that is designed to help maintain a
                                                    3 C2 currently has numerous CASs serving Permit
                                                                                                                                                                fair and orderly market. The Exchange
                                                  Holders.                                                 further mitigate the potential risks
                                                                                                                                                                believes that providing Permit Holders
                                                    4 For relevant purposes, a ‘‘Client Application’’ is   associated with a loss of communication
                                                  the system component, such as a C2-supported                                                                  with the option to have the Technical
                                                                                                           with a Client Application. While orders
                                                  workstation or a Permit Holder’s custom trading                                                               Disconnect Mechanism cancel its day
                                                                                                           may be static in nature and rest in the
                                                  application, through which a Permit Holder                                                                    orders, in addition to Market-Maker
                                                  communicates its quotes and/or orders to a CAS.          book, Permit Holders often enter day
                                                                                                                                                                quotes (if applicable), further mitigates
                                                  Messages are passed between a Client Application         orders more frequently in response to
                                                  and a CAS. A Market-Maker may send quotes to the
                                                                                                                                                                the potential risks associated with a loss
                                                                                                           then-current market conditions.
                                                  Exchange from one or more Client Applications,                                                                in communication with a Client
                                                                                                           Therefore, if a Permit Holder’s Client
                                                  and a Permit Holder may send orders to the                                                                    Application. The Exchange believes it is
                                                  Exchange from one or more Client Applications.           Application is disconnected for any
                                                                                                                                                                reasonable to offer to cancel only day
                                                    5 A ‘‘Heartbeat Request’’ refers to a message from     period of time, it is possible that market           orders. Unlike non-day orders, day
                                                  a CAS to a Client Application to check connectivity      conditions upon which it based its day               orders are more likely to be reflective of
                                                  and which requires a response from the Client            orders may change during that time and
                                                  Application in order to avoid logoff. The Heartbeat                                                           then-current market conditions and are
                                                  Request acts as a virtual pulse between a CAS and        make those orders stale. Consequently,               intended to rest in the book for a limited
                                                  a Client Application and allows a CAS to
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                                                                                                                                                                period of time. As a result, in the event
                                                  continually monitor its connection with a Client           7 C2 currently makes available two APIs: CBOE

                                                  Application. Failure to receive a response to a          Market Interface 2.0 (‘‘CMi 2’’) and Financial
                                                                                                                                                                  9 Currently, the Exchange offers two time-in-force
                                                  Heartbeat Request within the Heartbeat Response          Information eXchange Protocol (‘‘FIX’’).
                                                  Time is indicative of a technical or system issue.         8 In addition, the proposed rule change makes      order types: day and good-til-cancelled. The
                                                    6 See Rule 6.48 and Securities Exchange Act            nonsubstantive changes to Rule 6.48 including        proposed optional service will apply to orders that
                                                  Release No. 34–70112 (August 5, 2013), 78 FR             moving the phrase ‘‘if applicable’’ to ensure that   include the ‘‘day’’ marking.
                                                                                                                                                                  10 15 U.S.C. 78f(b).
                                                  48738 (August 9, 2013) (SR–C2–2013–029) for              phrase clearly applies to the cancellation of a
                                                                                                                                                                  11 15 U.S.C. 78f(b)(5).
                                                  further information regarding the Technical              Market-Maker’s quotes (as that functionality only
                                                  Disconnect Mechanism.                                    applies to Permit Holders that are Market-Makers).     12 Id.




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                                                  74188                       Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices

                                                  that a CAS loses connectivity with a                    believe that such change will impose                       Paper Comments
                                                  Client Application, execution of day                    any burden on intermarket competition                         • Send paper comments in triplicate
                                                  orders during that time are more likely                 that is not necessary or appropriate in                    to Brent J. Fields, Secretary, Securities
                                                  to result in erroneous or unintended                    furtherance of the purposes of the Act.                    and Exchange Commission, 100 F Street
                                                  executions, while risk of such                          The proposed rule change modifies a                        NE., Washington, DC 20549–1090.
                                                  executions is lower for non-day orders.                 mechanism available on C2’s system                         All submissions should refer to File
                                                  The proposed optional service protects                  and applies only to orders entered on                      Number SR–C2–2015–032. This file
                                                  Permit Holders from these potential                     C2. The Exchange notes that, should the                    number should be included on the
                                                  erroneous or unintended executions, as                  proposed change make C2 a more                             subject line if email is used. To help the
                                                  well as protects investors and the                      attractive place for trading, market                       Commission process and review your
                                                  efficiency and fairness of the markets in               participants trading on other exchanges                    comments more efficiently, please use
                                                  general. The Exchange believes this                     are welcome to become Permit Holders                       only one method. The Commission will
                                                  functionality enhances the overall                      and trade at C2 if they determine that                     post all comments on the Commission’s
                                                  market quality for options traded on C2.                this proposed change has made C2 more                      Internet Web site (http://www.sec.gov/
                                                  The Exchange notes that other                           attractive or favorable. Additionally, as                  rules/sro.shtml). Copies of the
                                                  exchanges offer their members similar                   discussed above, other options                             submission, all subsequent
                                                  services that cancels a member’s orders                 exchanges offer their members similar                      amendments, all written statements
                                                  if it disconnects from the exchange.13                  functionality.14
                                                     The Exchange also believes that the                                                                             with respect to the proposed rule
                                                  proposed rule change is designed to not                 C. Self-Regulatory Organization’s                          change that are filed with the
                                                  permit unfair discrimination among                      Statement on Comments on the                               Commission, and all written
                                                  market participants. Use of the optional                Proposed Rule Change Received From                         communications relating to the
                                                  service will be voluntary and within the                Members, Participants, or Others                           proposed rule change between the
                                                  sole discretion of each Permit Holder.                                                                             Commission and any person, other than
                                                                                                            The Exchange neither solicited nor                       those that may be withheld from the
                                                  The proposed optional service is                        received comments on the proposed
                                                  available to all Permit Holders and will                                                                           public in accordance with the
                                                                                                          rule change.                                               provisions of 5 U.S.C. 552, will be
                                                  apply to the same order types of all
                                                  Permit Holders.                                         III. Date of Effectiveness of the                          available for Web site viewing and
                                                                                                          Proposed Rule Change and Timing for                        printing in the Commission’s Public
                                                  B. Self-Regulatory Organization’s                       Commission Action                                          Reference Room, 100 F Street NE.,
                                                  Statement on Burden on Competition                                                                                 Washington, DC 20549 on official
                                                    C2 does not believe that the proposed                    The foregoing rule change has become                    business days between the hours of
                                                  rule change will impose any burden on                   effective pursuant to Section 19(b)(3)(A)                  10:00 a.m. and 3:00 p.m. Copies of the
                                                  competition that is not necessary or                    of the Act 15 and paragraph (f) of Rule                    filing also will be available for
                                                  appropriate in furtherance of the                       19b–416 thereunder. At any time within                     inspection and copying at the principal
                                                  purposes of the Act. Specifically, the                  60 days of the filing of the proposed rule                 office of the Exchange. All comments
                                                  Exchange does not believe the proposed                  change, the Commission summarily may                       received will be posted without change;
                                                  rule change will cause any burden on                    temporarily suspend such rule change if                    the Commission does not edit personal
                                                  intramarket competition because the                     it appears to the Commission that such                     identifying information from
                                                  optional service will be available to all               action is necessary or appropriate in the                  submissions. You should submit only
                                                  Permit Holders. Use of this optional                    public interest, for the protection of                     information that you wish to make
                                                  service will be within the sole                         investors, or otherwise in furtherance of                  available publicly. All submissions
                                                  discretion of each Permit Holder. The                   the purposes of the Act. If the                            should refer to File Number SR–C2–
                                                  proposed rule change will have no                       Commission takes such action, the                          2015–032 and should be submitted on
                                                  impact on Permit Holders that do not                    Commission will institute proceedings                      or before December 18, 2015.
                                                  enable the proposed optional service.                   to determine whether the proposed rule
                                                                                                                                                                       For the Commission, by the Division of
                                                  For Permit Holders that elect to enable                 change should be approved or                               Trading and Markets, pursuant to delegated
                                                  the proposed optional service, the only                 disapproved.                                               authority.17
                                                  impact on those Permit Holders will be                  IV. Solicitation of Comments                               Robert W. Errett,
                                                  cancellation of day orders (in addition                                                                            Deputy Secretary.
                                                  to Market-Maker quotes) upon loss of                      Interested persons are invited to
                                                                                                                                                                     [FR Doc. 2015–30074 Filed 11–25–15; 8:45 am]
                                                  connectivity. The Technical Disconnect                  submit written data, views, and
                                                                                                                                                                     BILLING CODE 8011–01–P
                                                  Mechanism will otherwise continue to                    arguments concerning the foregoing,
                                                  function in the same manner as it does                  including whether the proposed rule
                                                  today. Further, the Exchange does not                   change is consistent with the Act.
                                                                                                          Comments may be submitted by any of                        SMALL BUSINESS ADMINISTRATION
                                                    13 See, e.g., BZX Exchange US Equities FIX            the following methods:                                     [Disaster Declaration # 14467 and # 14468]
                                                  Specification, Version 1.33.5 (October 8, 2014),
                                                  available at http://www.batstrading.com/resources/      Electronic Comments                                        Colorado Disaster # CO–00073
                                                  membership/BATS_FIX_Specification.pdf (see
                                                  Section 5.1 for description of automatic cancel on        • Use the Commission’s Internet                          AGENCY: U.S. Small Business
                                                  disconnection or malfunction); MIAX Options             comment form (http://www.sec.gov/                          Administration.
                                                  Market Protections Handout (March 2015),
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                                                                                                          rules/sro.shtml); or
                                                  available at https://www.miaxoptions.com/sites/                                                                    ACTION: Amendment 1.
                                                  default/files/MIAX_Market_Protections_March_              • Send an email to rule-comments@
                                                  2015.pdf (see page 5 for description of auto cancel     sec.gov. Please include File Number SR–                    SUMMARY:   This is an amendment of the
                                                  on disconnect order protection); and NYSE               C2–2015–032 on the subject line.                           Administrative disaster declaration for
                                                  UTPDirect (CGC Binary) API Specification, V1.4                                                                     the State of COLORADO dated 09/16/
                                                  (February 26, 2015), available at https://
                                                  www.nyse.com/publicdocs/nyse/markets/nyse/
                                                                                                            14 Id.                                                   2015.
                                                                                                            15 15    U.S.C. 78s(b)(3)(A).
                                                  NYSEUTPDirect_Specification.pdf (see Section 3.8
                                                  for description of cancel on disconnect service).         16 17    CFR 240.19b–4(f).                                 17 17   CFR 200.30–3(a)(12).



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Document Created: 2015-12-14 14:05:27
Document Modified: 2015-12-14 14:05:27
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 74186 

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