80_FR_80230 80 FR 79984 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Technical Disconnect Mechanism

80 FR 79984 - Self-Regulatory Organizations; Chicago Board 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 246 (December 23, 2015)

Page Range79984-79986
FR Document2015-32186

Federal Register, Volume 80 Issue 246 (Wednesday, December 23, 2015)
[Federal Register Volume 80, Number 246 (Wednesday, December 23, 2015)]
[Notices]
[Pages 79984-79986]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32186]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76672; File No. SR-CBOE-2015-113]


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

December 17, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that, on December 8, 2015, Chicago Board Options Exchange, Incorporated 
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (``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.
---------------------------------------------------------------------------

    \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 6.23C related to the Exchange's 
Technical Disconnect Mechanism. The text of the proposed rule change is 
provided below.
(additions are italicized; deletions are [bracketed])
* * * * *
Chicago Board Options Exchange, Incorporated Rules
* * * * *
Rule 6.23C 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 
Trading Permit Holder's affected Client Application and automatically 
cancel all the Trading Permit Holder's Market-Maker quotes, if 
applicable, and open orders with a time-in-force of ``day'' resting in 
the Book (which excludes orders resting on a PAR workstation or order 
management terminal) (``day orders''), if the Trading 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)-(ii) No change.
    (b)-(c) No change.
    . . . Interpretations and Policies:
    .01 No change.
* * * * *
    The text of the proposed rule change is also available on the 
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    Rule 6.23C(a) provides that when a CBOE 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 Trading Permit Holder's 
(``TPH'') affected Client Application. If that occurs, the current rule 
provides that the Technical Disconnect Mechanism, if applicable, will 
automatically cancel all the TPH's Market-Maker quotes posted through 
the affected Client

[[Page 79985]]

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 CBOE book. This mechanism 
serves to assist a TPH when a technical or system issue occurs, as well 
as assist the Exchange in maintaining a fair and orderly market.
---------------------------------------------------------------------------

    \3\ CBOE currently has numerous CASs serving TPHs.
    \4\ For relevant purposes, a ``Client Application'' is the 
system component, such as a CBOE-supported workstation or a TPH's 
custom trading application, through which a TPH 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 TPH 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 6.23C and Securities Exchange Act Release No. 34-
70039 (July 25, 2013), 78 FR 46395 (July 31, 2013) (SR-CBOE-2013-
071) for further information regarding the Technical Disconnect 
Mechanism.
---------------------------------------------------------------------------

    Recently, the Exchange amended Rule 6.23C related to the Technical 
Disconnect Mechanism to provide TPHs with an optional service that, if 
enabled by a TPH, will cause the Technical Disconnect Mechanism to also 
automatically cancel all the TPH'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.\7\ This 
optional service is an additional preventative risk control measure 
that CBOE is making available to TPHs. It is intended to help further 
mitigate the potential risks associated with a loss of communication 
with a TPH's Client Application. If a TPH'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.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 34-76489 (November 
20, 2015), 80 FR 74149 (November 27, 2015) (SR-CBOE-2015-103). The 
Exchange has not yet implemented this optional service and will 
announce the implementation date of the service, including the 
proposed rule change, by Regulatory Circular.
---------------------------------------------------------------------------

    The proposed rule change provides that this optional service will 
automatically cancel open orders with a time-in-force of day that are 
resting on the book, but not resting on a PAR workstation or order 
management terminal (``OMT'').\8\ A TPH's day orders resting in the 
book may automatically execute against incoming quotes or orders and 
are thus subject to the risk of potential erroneous or unintended 
executions if the CAS loses communication with the TPH's Client 
Application, which risk the optional service is intended to mitigate. 
However, the TPH's day orders resting on a PAR workstation or OMT are 
subject to manual handling by a broker, agent or PAR official, as 
applicable, and are not subject to automatic execution against incoming 
quotes or orders. This manual handling mitigates the risk of potential 
erroneous or unintended executions of those orders, even during a time 
when the TPH is disconnected from the CAS, as an individual can 
determine how to handle the orders in accordance with CBOE's rules. The 
Exchange believes it is appropriate to have the Technical Disconnect 
Mechanism cancel only day orders resting on the book but not day orders 
resting on a PAR workstation or OMT terminal, since manual handling of 
those orders has already mitigated the applicable risk.
---------------------------------------------------------------------------

    \8\ See Rule 6.12 regarding CBOE's hybrid order handling system, 
including when orders may be routed to a PAR workstation or OMT via 
the order handling system.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\9\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \10\ 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) \11\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ Id.
---------------------------------------------------------------------------

    In particular, the proposed rule change helps maintain a fair and 
orderly market, promotes efficiency and protects investors. While the 
optional service to have the Technical Disconnect Mechanism cancel a 
TPH's day orders mitigates the risks of potential erroneous or 
unintended executions of those orders associated with a loss in 
communication with a Client Application, those risks have already been 
mitigated for day orders resting on a PAR workstation or OMT that are 
subject to manual handling. Thus, the Exchange believes it is 
reasonable to not have the Technical Disconnect Mechanism cancel those 
orders and instead allow the broker, agent or PAR Official, as 
applicable, to handle those orders as the individual deems appropriate 
in accordance with CBOE's rules. The Exchange also believes that the 
proposed rule change is designed to not permit unfair discrimination 
among market participants, as it applies to all TPHs in the same 
manner. The Exchange believes it is appropriate to apply this optional 
cancellation functionality to day orders only resting on the book and 
not day orders resting on a PAR workstation or OMT, because the latter 
orders are not subject to the same risks of potential erroneous or 
unintended executions as the former orders.

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

    CBOE does not believe that the proposed rule change will impose any 
burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. Specifically, the Exchange does 
not believe the proposed rule change will cause any burden on 
intramarket competition because the proposed rule change applies to all 
TPHs in the same manner. Use of the service to cancel day orders 
resting on the book in the event the CAS loses communication with a 
Client Application is voluntary. Additionally, whether a TPH enables 
the optional service or not, the TPH's day orders resting on a PAR 
workstation or OMT will continue to be manually handled as they are 
today, even if the CAS loses communication with a TPH's Client 
Application. The Exchange believes it is appropriate to apply this 
optional cancellation functionality to day orders resting only on the 
book and not on a PAR workstation or OMT, because, as discussed above, 
those orders are not subject to the same risks of potential erroneous 
or unintended executions as the orders resting on the book. 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 CBOE's system and applies only to 
orders resting in CBOE's book.

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.

[[Page 79986]]

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 \12\ and paragraph (f) of Rule 19b-4 \13\ 
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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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 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 [email protected]. Please include 
File Number SR-CBOE-2015-113 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2015-113. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-CBOE-2015-113 and should be 
submitted on or before January 13, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-32186 Filed 12-22-15; 8:45 am]
BILLING CODE 8011-01-P



                                              79984                    Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Notices

                                              records (collectively ‘‘records’’) made or              SECURITIES AND EXCHANGE                                    (i)–(ii) No change.
                                              received by it in connection with                       COMMISSION                                                 (b)–(c) No change.
                                              proposed rule changes filed with the                                                                               . . . Interpretations and Policies:
                                                                                                      [Release No. 34–76672; File No. SR–CBOE–                   .01 No change.
                                              Commission or in connection with its                    2015–113]
                                              index CDS clearance and settlement                                                                              *      *     *     *    *
                                              services as required to be maintained                   Self-Regulatory Organizations;                             The text of the proposed rule change
                                              under Rule 17a–1(a) and (b).14 In the                   Chicago Board Options Exchange,                         is also available on the Exchange’s Web
                                              Written Request, CME further represents                 Incorporated; Notice of Filing and                      site (http://www.cboe.com/AboutCBOE/
                                              that it will produce such records and                   Immediate Effectiveness of a Proposed                   CBOELegalRegulatoryHome.aspx), at
                                                                                                      Rule Change Relating to the Technical                   the Exchange’s Office of the Secretary,
                                              furnish such information at the request
                                                                                                      Disconnect Mechanism                                    and at the Commission’s Public
                                              of any representative of the
                                                                                                                                                              Reference Room.
                                              Commission, and will maintain such                      December 17, 2015.
                                              records for a period of 5 years from the                   Pursuant to Section 19(b)(1) of the                  II. Self-Regulatory Organization’s
                                              effective date of the withdrawal of                     Securities Exchange Act of 1934                         Statement of the Purpose of, and
                                              CME’s registration as a clearing                        (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 Statutory Basis for, the Proposed Rule
                                              agency.15 As noted above, no comments                   notice is hereby given that, on December                Change
                                              were received in response to the                        8, 2015, Chicago Board Options                             In its filing with the Commission, the
                                              published notice of CME’s Written                       Exchange, Incorporated (the ‘‘Exchange’’                Exchange included statements
                                              Request to withdraw from registration as                or ‘‘CBOE’’) filed with the Securities                  concerning the purpose of and basis for
                                              a clearing agency, which included                       and Exchange Commission                                 the proposed rule change and discussed
                                              CME’s representations regarding                         (‘‘Commission’’) the proposed rule                      any comments it received on the
                                              maintenance of records and record                       change as described in Items I, II and III              proposed rule change. The text of these
                                              production, as well as CME’s                            below, which Items have been prepared                   statements may be examined at the
                                              representations regarding any potential                 by the Exchange. The Commission is                      places specified in Item IV below. The
                                              for claims associated with its clearing                 publishing this notice to solicit                       Exchange has prepared summaries, set
                                              agency registration.                                    comments on the proposed rule change                    forth in sections A, B, and C below, of
                                                                                                      from interested persons.                                the most significant aspects of such
                                              III. Conclusion                                                                                                 statements.
                                                                                                      I. Self-Regulatory Organization’s
                                                 It is therefore ordered, pursuant to                 Statement of the Terms of Substance of                  A. Self-Regulatory Organization’s
                                              Section 19(a)(3) of the Exchange Act,16                 the Proposed Rule Change                                Statement of the Purpose of, and
                                              that:                                                      The Exchange proposes to amend                       Statutory Basis for, the Proposed Rule
                                                                                                      Rule 6.23C related to the Exchange’s                    Change
                                                 (1) Effective December 17, 2015,
                                              CME’s registration as a clearing agency                 Technical Disconnect Mechanism. The                     1. Purpose
                                              under Section 17A of the Exchange Act                   text of the proposed rule change is
                                                                                                      provided below.                                            Rule 6.23C(a) provides that when a
                                              is withdrawn and                                        (additions are italicized; deletions are                CBOE Application Server (‘‘CAS’’) 3
                                                 (2) For a period of 5 years from the                 [bracketed])                                            loses communication with a Client
                                              effective date of withdrawal of                         *      *     *     *    *                               Application 4 such that a CAS does not
                                              registration as a clearing agency, CME                  Chicago Board Options Exchange,                         receive an appropriate response to a
                                              will maintain all the records required to               Incorporated Rules                                      Heartbeat Request 5 within ‘‘x’’ period of
                                              be maintained pursuant to Rule 17A–                                                                             time, the Technical Disconnect
                                                                                                      *      *     *     *    *
                                              1(a) and (b) which are in CME’s                         Rule 6.23C Technical Disconnect                         Mechanism will automatically logoff the
                                              possession and will produce such                                                                                Trading Permit Holder’s (‘‘TPH’’)
                                                                                                         (a) When a CBOE Application Server
                                              records upon the request of any                                                                                 affected Client Application. If that
                                                                                                      (‘‘CAS’’) loses communication with a
                                              representative of the Commission.                                                                               occurs, the current rule provides that
                                                                                                      Client Application such that a CAS does
                                                                                                                                                              the Technical Disconnect Mechanism, if
                                                By the Commission.                                    not receive an appropriate response to a
                                                                                                                                                              applicable, will automatically cancel all
                                                                                                      Heartbeat Request within ‘‘x’’ period of
                                              Robert W. Errett,                                                                                               the TPH’s Market-Maker quotes posted
                                                                                                      time, the Technical Disconnect
                                              Deputy Secretary.                                       Mechanism will automatically logoff the                 through the affected Client
                                              [FR Doc. 2015–32192 Filed 12–22–15; 8:45 am]            Trading Permit Holder’s affected Client                   3 CBOE currently has numerous CASs serving
                                              BILLING CODE 8011–01–P                                  Application and automatically cancel                    TPHs.
                                                                                                      all the Trading Permit Holder’s Market-                   4 For relevant purposes, a ‘‘Client Application’’ is

                                                                                                      Maker quotes, if applicable, and open                   the system component, such as a CBOE-supported
                                                                                                      orders with a time-in-force of ‘‘day’’                  workstation or a TPH’s custom trading application,
                                                                                                      resting in the Book (which excludes                     through which a TPH communicates its quotes and/
                                                                                                                                                              or orders to a CAS. Messages are passed between
                                                                                                      orders resting on a PAR workstation or                  a Client Application and a CAS. A Market-Maker
                                                                                                      order management terminal) (‘‘day                       may send quotes to the Exchange from one or more
                                                                                                      orders’’), if the Trading Permit Holder                 Client Applications, and a TPH may send orders to
                                                                                                      enables that optional service, posted                   the Exchange from one or more Client Applications.
                                                                                                                                                                5 A ‘‘Heartbeat Request’’ refers to a message from
                                                                                                      through the affected Client Application.                a CAS to a Client Application to check connectivity
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                      The following describes how the                         and which requires a response from the Client
                                                                                                      Technical Disconnect Mechanism works                    Application in order to avoid logoff. The Heartbeat
                                                                                                      for each of the Exchange’s application                  Request acts as a virtual pulse between a CAS and
                                                                                                                                                              a Client Application and allows a CAS to
                                                14 See Written Request at 5, note 15. See also 17     programming interfaces (‘‘APIs’’):                      continually monitor its connection with a Client
                                              CFR 240.17a–1(a) and (b).
                                                                                                                                                              Application. Failure to receive a response to a
                                                15 See Written Request at 5, note 15.                   1 15   U.S.C. 78s(b)(1).                              Heartbeat Request within the Heartbeat Response
                                                16 15 U.S.C. 78s(a)(3).                                 2 17   CFR 240.19b–4.                                 Time is indicative of a technical or system issue.



                                         VerDate Sep<11>2014   18:05 Dec 22, 2015   Jkt 238001   PO 00000   Frm 00168     Fmt 4703   Sfmt 4703   E:\FR\FM\23DEN1.SGM   23DEN1


                                                                       Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Notices                                             79985

                                              Application.6 The Technical Disconnect                  agent or PAR official, as applicable, and              Disconnect Mechanism cancel those
                                              Mechanism is intended to help mitigate                  are not subject to automatic execution                 orders and instead allow the broker,
                                              the potential risks associated with a loss              against incoming quotes or orders. This                agent or PAR Official, as applicable, to
                                              of communication with a Client                          manual handling mitigates the risk of                  handle those orders as the individual
                                              Application, such as erroneous or                       potential erroneous or unintended                      deems appropriate in accordance with
                                              unintended executions for stale quotes                  executions of those orders, even during                CBOE’s rules. The Exchange also
                                              that are resting in the CBOE book. This                 a time when the TPH is disconnected                    believes that the proposed rule change
                                              mechanism serves to assist a TPH when                   from the CAS, as an individual can                     is designed to not permit unfair
                                              a technical or system issue occurs, as                  determine how to handle the orders in                  discrimination among market
                                              well as assist the Exchange in                          accordance with CBOE’s rules. The                      participants, as it applies to all TPHs in
                                              maintaining a fair and orderly market.                  Exchange believes it is appropriate to                 the same manner. The Exchange
                                                 Recently, the Exchange amended Rule                  have the Technical Disconnect                          believes it is appropriate to apply this
                                              6.23C related to the Technical                          Mechanism cancel only day orders                       optional cancellation functionality to
                                              Disconnect Mechanism to provide TPHs                    resting on the book but not day orders                 day orders only resting on the book and
                                              with an optional service that, if enabled               resting on a PAR workstation or OMT                    not day orders resting on a PAR
                                              by a TPH, will cause the Technical                      terminal, since manual handling of                     workstation or OMT, because the latter
                                              Disconnect Mechanism to also                            those orders has already mitigated the                 orders are not subject to the same risks
                                              automatically cancel all the TPH’s open                 applicable risk.                                       of potential erroneous or unintended
                                              orders with a time-in-force of ‘‘day’’                                                                         executions as the former orders.
                                              (‘‘day orders’’) posted through the                     2. Statutory Basis
                                              affected Client Application if the CAS                     The Exchange believes the proposed                  B. Self-Regulatory Organization’s
                                              loses communication with the Client                     rule change is consistent with the                     Statement on Burden on Competition
                                              Application.7 This optional service is an               Securities Exchange Act of 1934 (the
                                                                                                                                                               CBOE does not believe that the
                                              additional preventative risk control                    ‘‘Act’’) and the rules and regulations
                                                                                                                                                             proposed rule change will impose any
                                              measure that CBOE is making available                   thereunder applicable to the Exchange
                                                                                                                                                             burden on competition that is not
                                              to TPHs. It is intended to help further                 and, in particular, the requirements of
                                                                                                                                                             necessary or appropriate in furtherance
                                              mitigate the potential risks associated                 Section 6(b) of the Act.9 Specifically,
                                                                                                                                                             of the purposes of the Act. Specifically,
                                              with a loss of communication with a                     the Exchange believes the proposed rule
                                                                                                                                                             the Exchange does not believe the
                                              TPH’s Client Application. If a TPH’s                    change is consistent with the Section
                                                                                                      6(b)(5) 10 requirements that the rules of              proposed rule change will cause any
                                              Client Application is disconnected for
                                                                                                      an exchange be designed to prevent                     burden on intramarket competition
                                              any period of time, it is possible that
                                                                                                      fraudulent and manipulative acts and                   because the proposed rule change
                                              market conditions upon which it based
                                                                                                      practices, to promote just and equitable               applies to all TPHs in the same manner.
                                              its day orders may change during that
                                                                                                      principles of trade, to foster cooperation             Use of the service to cancel day orders
                                              time and make those orders stale.
                                                                                                      and coordination with persons engaged                  resting on the book in the event the CAS
                                              Consequently, any resulting executions
                                                                                                      in regulating, clearing, settling,                     loses communication with a Client
                                              of those orders may be erroneous or
                                                                                                      processing information with respect to,                Application is voluntary. Additionally,
                                              unintended.
                                                 The proposed rule change provides                    and facilitating transactions in                       whether a TPH enables the optional
                                              that this optional service will                         securities, to remove impediments to                   service or not, the TPH’s day orders
                                              automatically cancel open orders with a                 and perfect the mechanism of a free and                resting on a PAR workstation or OMT
                                              time-in-force of day that are resting on                open market and a national market                      will continue to be manually handled as
                                              the book, but not resting on a PAR                      system, and, in general, to protect                    they are today, even if the CAS loses
                                              workstation or order management                         investors and the public interest.                     communication with a TPH’s Client
                                              terminal (‘‘OMT’’).8 A TPH’s day orders                 Additionally, the Exchange believes the                Application. The Exchange believes it is
                                              resting in the book may automatically                   proposed rule change is consistent with                appropriate to apply this optional
                                              execute against incoming quotes or                      the Section 6(b)(5) 11 requirement that                cancellation functionality to day orders
                                              orders and are thus subject to the risk                 the rules of an exchange not be designed               resting only on the book and not on a
                                              of potential erroneous or unintended                    to permit unfair discrimination between                PAR workstation or OMT, because, as
                                              executions if the CAS loses                             customers, issuers, brokers, or dealers.               discussed above, those orders are not
                                              communication with the TPH’s Client                        In particular, the proposed rule                    subject to the same risks of potential
                                              Application, which risk the optional                    change helps maintain a fair and orderly               erroneous or unintended executions as
                                              service is intended to mitigate.                        market, promotes efficiency and                        the orders resting on the book. Further,
                                              However, the TPH’s day orders resting                   protects investors. While the optional                 the Exchange does not believe that such
                                              on a PAR workstation or OMT are                         service to have the Technical                          change will impose any burden on
                                              subject to manual handling by a broker,                 Disconnect Mechanism cancel a TPH’s                    intermarket competition that is not
                                                                                                      day orders mitigates the risks of                      necessary or appropriate in furtherance
                                                 6 See Rule 6.23C and Securities Exchange Act
                                                                                                      potential erroneous or unintended                      of the purposes of the Act. The
                                              Release No. 34–70039 (July 25, 2013), 78 FR 46395
                                                                                                      executions of those orders associated                  proposed rule change modifies a
                                              (July 31, 2013) (SR–CBOE–2013–071) for further                                                                 mechanism available on CBOE’s system
                                              information regarding the Technical Disconnect          with a loss in communication with a
                                              Mechanism.                                              Client Application, those risks have                   and applies only to orders resting in
                                                 7 See Securities Exchange Act Release No. 34–
                                                                                                      already been mitigated for day orders                  CBOE’s book.
                                              76489 (November 20, 2015), 80 FR 74149
                                              (November 27, 2015) (SR–CBOE–2015–103). The
                                                                                                      resting on a PAR workstation or OMT                    C. Self-Regulatory Organization’s
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                                              Exchange has not yet implemented this optional          that are subject to manual handling.                   Statement on Comments on the
                                              service and will announce the implementation date       Thus, the Exchange believes it is                      Proposed Rule Change Received From
                                              of the service, including the proposed rule change,     reasonable to not have the Technical
                                              by Regulatory Circular.                                                                                        Members, Participants, or Others
                                                 8 See Rule 6.12 regarding CBOE’s hybrid order

                                              handling system, including when orders may be
                                                                                                        9 15 U.S.C. 78f(b).                                    The Exchange neither solicited nor
                                              routed to a PAR workstation or OMT via the order          10 15  U.S.C. 78f(b)(5).                             received comments on the proposed
                                              handling system.                                          11 Id.                                               rule change.


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                                              79986                     Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Notices

                                              III. Date of Effectiveness of the                       Reference Room, 100 F Street NE.,                     II. Self-Regulatory Organization’s
                                              Proposed Rule Change and Timing for                     Washington, DC 20549, on official                     Statement of the Purpose of, and
                                              Commission Action                                       business days between the hours of                    Statutory Basis for, the Proposed Rule
                                                 The foregoing rule change has become                 10:00 a.m. and 3:00 p.m. Copies of the                Change
                                              effective pursuant to Section 19(b)(3)(A)               filing also will be available for                       In its filing with the Commission, the
                                              of the Act 12 and paragraph (f) of Rule                 inspection and copying at the principal               Exchange included statements
                                              19b–4 13 thereunder. At any time within                 office of the Exchange. All comments
                                                                                                                                                            concerning the purpose of and basis for
                                              60 days of the filing of the proposed rule              received will be posted without change;
                                                                                                                                                            the proposed rule change and discussed
                                              change, the Commission summarily may                    the Commission does not edit personal
                                                                                                                                                            any comments it received on the
                                              temporarily suspend such rule change if                 identifying information from
                                                                                                                                                            proposed rule change. The text of these
                                              it appears to the Commission that such                  submissions. You should submit only
                                                                                                                                                            statements may be examined at the
                                              action is necessary or appropriate in the               information that you wish to make
                                                                                                                                                            places specified in Item IV below. The
                                              public interest, for the protection of                  available publicly. All submissions
                                                                                                                                                            Exchange has prepared summaries, set
                                              investors, or otherwise in furtherance of               should refer to File Number SR–CBOE–
                                                                                                                                                            forth in sections A, B, and C below, of
                                              the purposes of the Act. If the                         2015–113 and should be submitted on
                                                                                                                                                            the most significant aspects of such
                                              Commission takes such action, the                       or before January 13, 2016.
                                                                                                                                                            statements.
                                              Commission will institute proceedings                     For the Commission, by the Division of
                                              to determine whether the proposed rule                  Trading and Markets, pursuant to delegated            A. Self-Regulatory Organization’s
                                              change should be approved or                            authority.14                                          Statement of the Purpose of, and
                                              disapproved.                                            Robert W. Errett,                                     Statutory Basis for, the Proposed Rule
                                                                                                      Deputy Secretary.                                     Change
                                              IV. Solicitation of Comments
                                                                                                      [FR Doc. 2015–32186 Filed 12–22–15; 8:45 am]          1. Purpose
                                                Interested persons are invited to                     BILLING CODE 8011–01–P
                                              submit written data, views and                                                                                   The Exchange proposes to amend its
                                              arguments concerning the foregoing,                                                                           Fee Schedule to: (i) Increase the
                                              including whether the proposed rule                     SECURITIES AND EXCHANGE                               transaction fees for transactions in
                                              change is consistent with the Act.                      COMMISSION                                            standard options in non-Penny Pilot
                                              Comments may be submitted by any of                                                                           classes for Public Customers 3 that are
                                                                                                      [Release No. 34–76674; File No. SR–MIAX–              not a Priority Customer,4 Non-MIAX
                                              the following methods:
                                                                                                      2015–70]
                                                                                                                                                            Market Makers, Non-Member Broker-
                                              Electronic Comments                                                                                           Dealers, and Firms,5 and (ii) increase
                                                                                                      Self-Regulatory Organizations; Miami
                                                • Use the Commission’s Internet                                                                             the transaction fees for transactions in
                                                                                                      International Securities Exchange LLC;
                                              comment form (http://www.sec.gov/                                                                             standard options in Penny Pilot classes
                                                                                                      Notice of Filing and Immediate
                                              rules/sro.shtml); or                                                                                          for Firms. The Exchange also proposes
                                                • Send an email to rule-comments@                     Effectiveness of a Proposed Rule
                                                                                                      Change To Amend Its Fee Schedule                      to modify the transaction fees for
                                              sec.gov. Please include File Number SR–                                                                       transactions for Public Customers that
                                              CBOE–2015–113 on the subject line.                      December 17, 2015.                                    are not a Priority Customer, Non-MIAX
                                              Paper Comments                                             Pursuant to the provisions of Section              Market Makers, Non-Member Broker-
                                                                                                      19(b)(1) of the Securities Exchange Act               Dealers and Firms that achieve certain
                                                • Send paper comments in triplicate                   of 1934 (‘‘Act’’) 1 and Rule 19b–4                    Priority Customer Rebate Program 6
                                              to Secretary, Securities and Exchange                   thereunder,2 notice is hereby given that              volume tiers. The proposed changes are
                                              Commission, 100 F Street NE.,                           on December 4, 2015, Miami                            based on the similar fees of other
                                              Washington, DC 20549–1090.                              International Securities Exchange LLC                 competing options exchanges.7
                                              All submissions should refer to File                    (‘‘MIAX’’ or ‘‘Exchange’’) filed with the                The Exchange is also proposing
                                              Number SR–CBOE–2015–113. This file                      Securities and Exchange Commission                    proportional fee changes applicable to
                                              number should be included on the                        (‘‘Commission’’) a proposed rule change               Mini-Options in non-Penny Pilot
                                              subject line if email is used. To help the              as described in Items I, II, and III below,           classes, except that such fees applicable
                                              Commission process and review your                      which Items have been prepared by the                 to Firms will be increased from $0.04 to
                                              comments more efficiently, please use                   Exchange. The Commission is                           $0.07 per contract, as described below.
                                              only one method. The Commission will                    publishing this notice to solicit                     The Mini-Options transaction fee in
                                              post all comments on the Commission’s                   comments on the proposed rule change
                                              Internet Web site (http://www.sec.gov/                  from interested persons.                                3 The term ‘‘Public Customer’’ means a person
                                              rules/sro.shtml). Copies of the                                                                               that is not a broker or dealer in securities. See
                                              submission, all subsequent                              I. Self-Regulatory Organization’s                     Exchange Rule 100.
                                              amendments, all written statements                      Statement of the Terms of Substance of                  4 The term ‘‘Priority Customer’’ means a person

                                              with respect to the proposed rule                       the Proposed Rule Change                              or entity that (i) is not a broker or dealer in
                                                                                                                                                            securities, and (ii) does not place more than 390
                                              change that are filed with the                             The Exchange is filing a proposal to               orders in listed options per day on average during
                                              Commission, and all written                             amend the MIAX Options Fee Schedule                   a calendar month for its own beneficial accounts(s).
                                              communications relating to the                          (the ‘‘Fee Schedule’’).                                 5 This fee is assessed to an Electronic Exchange

                                              proposed rule change between the                           The text of the proposed rule change               Member (‘‘EEM’’) that enters an order that is
                                                                                                                                                            executed for an account identified by the EEM for
                                              Commission and any person, other than                   is available on the Exchange’s Web site               clearing in the OCC ‘‘Firm’’ range. See Fee
                                              those that may be withheld from the                     at http://www.miaxoptions.com/filter/                 Schedule, Section 1)a)ii). The term ‘‘Electronic
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                                              public in accordance with the                           wotitle/rule_filing, at MIAX’s principal              Exchange Member’’ means the holder of a Trading
                                              provisions of 5 U.S.C. 552, will be                     office, and at the Commission’s Public                Permit who is not a Market Maker. Electronic
                                                                                                                                                            Exchange Members are deemed ‘‘members’’ under
                                              available for Web site viewing and                      Reference Room.                                       the Exchange Act. See Exchange Rule 100.
                                              printing in the Commission’s Public                                                                             6 See Fee Schedule, Section 1)a)iii).
                                                                                                        14 17 CFR 200.30–3(a)(12).                            7 See NASDAQ OMX PHLX LLC Pricing
                                                12 15 U.S.C. 78s(b)(3)(A).                              1 15 U.S.C. 78s(b)(1).                              Schedule, Section II; and Chicago Board Options
                                                13 17 CFR 240.19b–4(f).                                 2 17 CFR 240.19b–4.                                 Exchange, Incorporated, Fees Schedule, p. 1.



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Document Created: 2018-03-02 09:21:16
Document Modified: 2018-03-02 09:21:16
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 79984 

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