81_FR_20765 81 FR 20697 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of a Proposed Rule Change, as Modified by Amendment No. 2 Thereto, Relating to AIM Retained Orders

81 FR 20697 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of a Proposed Rule Change, as Modified by Amendment No. 2 Thereto, Relating to AIM Retained Orders

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 68 (April 8, 2016)

Page Range20697-20699
FR Document2016-08045

Federal Register, Volume 81 Issue 68 (Friday, April 8, 2016)
[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Notices]
[Pages 20697-20699]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08045]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77511; File No. SR-CBOE-2016-024]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing of a Proposed Rule Change, as Modified 
by Amendment No. 2 Thereto, Relating to AIM Retained Orders

April 4, 2016.
    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 March 22, 2016, Chicago Board Options Exchange, Incorporated 
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (the ``Commission'') the proposed rule change as described 
in Items I, II, and III below, which Items have been prepared by the 
Exchange. On April 1, 2016, the Exchange filed Amendment No. 1 to the 
proposal. On April 4, 2016, the Exchange filed Amendment No. 2 to the 
proposal.\3\ The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 2, which superseded Amendment No. 1 in its 
entirety, the Exchange proposed changes to amend the proposed rule 
text of Interpretation and Policy .08 to Rule 6.53C in Exhibit 5 to 
include references to Rule 6.74A when referring to proposed 
Interpretation and Policy .09 to Rule 6.74A.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The text of the proposed rule change is 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
    The Exchange proposes to amend Rule 6.74A (Automated Improvement 
Mechanism (``AIM'')) to clarify how orders submitted for electronic 
crossing into the AIM auction are treated if an auction cannot occur, 
to adopt Interpretation and Policy .09 to Rule 6.74A (AIM Retained 
Order Functionality) to describe the Exchange's AIM Retained Order 
(``A:AIR'') functionality in the Rules, and make minor edits to 
Interpretation and Policy .08 to Rule 6.53C (Price Check Parameters) 
relating to the treatment of complex AIM orders marked A:AIR and 
correct certain typographical errors.
    Under Rule 6.74A (Automated Improvement Mechanism (``AIM'')), a 
Trading Permit Holder (``TPH'') that represents agency orders may 
electronically execute an order it represents as agent (``Agency 
Order'') against principal interest or against a solicited order 
provided it submits the Agency Order for electronic execution into the 
AIM auction (``Auction'') for processing. Matched Agency Orders may be 
processed via AIM subject to certain eligibility requirements contained 
in Rule 6.74A(a). Specifically, to be eligible for processing via AIM, 
the Agency Order must be: (1) In a class designated as eligible for 
Auctions and within the designated eligibility size parameters as 
determined by the Exchange; (2) stopped with a principal or solicited 
order priced at the national best bid or offer (``NBBO'') (if 50 
standard option contracts or 500 mini-option contracts or greater) or 
one cent/one minimum increment better than the NBBO (if less than 50 
standard option contracts or 500 mini-option contracts); and (3) 
submitted in a series in which at least three Market-Makers are quoting 
if submitted during regular trading hours.\4\ Orders submitted for 
crossing into AIM, which are ineligible for Auction processing will 
result in both the Agency Order and the matching contra order(s) being 
cancelled.
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    \4\ See Rule 6.74A(a).
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    A:AIR functionality is an enhancement to AIM that allows TPHs the 
flexibility to choose, on an order-by-order basis, whether an Agency 
Order should continue into the Hybrid Trading System \5\ for processing 
rather

[[Page 20698]]

than cancel in the event that an Auction cannot occur.\6\ A:AIR 
functionality essentially allows for the entry of Agency Orders into 
AIM with contingency processing instructions for handling in the event 
that the order cannot be processed via Auction. For example, using the 
A:AIR functionality, a TPH might submit a matched Agency Order for 50 
standard contracts that is stopped with a principal interest or 
solicited order priced outside of the NBBO and into AIM. In such a 
case, the order would not initiate an auction (as the eligibility 
requirement in Rule 6.74A(a)(2) would not be met),\7\ but would 
continue into the Hybrid Trading System and be booked at the Agency 
Order limit price (rather than cancelled if A:AIR functionality were 
not used) and the contra order would be cancelled.
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    \5\ The Hybrid Trading System refers to the Exchange's trading 
platform as defined in Rule 1.1(aaa) (Hybrid Trading System).
    \6\ There are a variety of circumstances in which an AIM order 
may be submitted to the Exchange for processing, but an auction may 
not occur. For example, TPH may submit an order for AIM processing, 
which is not AIM eligible because one or more of the conditions 
required for an AIM auction to occur pursuant to Rule 6.74A(a) is 
not present. In addition, an order that is otherwise AIM eligible 
may not be able to process for a variety of reasons, including, but 
not limited to circumstances in which AIM functionality is 
suspended. In either of such cases, A:AIR functionality may allow 
the Agency Order to process despite the overall order not being AIM 
eligible.
    \7\ See Rule 6.74A(a).
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    The Exchange notes that A:AIR functionality is currently available 
for use on the Exchange and is referred to in the Rules (although not 
using that term) \8\ and explained in various Information and 
Regulatory Circulars.\9\ A:AIR functionality, however, is not 
explicitly defined in the Rules. Accordingly, this filing is intended 
to further codify, clarify, and describe A:AIR functionality in the 
Rules. Specifically, the Exchange proposes to adopt Interpretation and 
Policy .09 to Rule 6.74A (AIM Retained Order Functionality), under 
which the Exchange would define an AIM Retained Order as the 
transmission of two or more orders for crossing pursuant to Rule 6.74A, 
with the Agency Order priced at the market or a limit price in the 
standard increment for the option series and marked with a contingency 
instruction to route the Agency Order for processing and cancel any 
contra orders if an Auction cannot occur (including if the conditions 
described in Rule 6.74A(a) are not met).
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    \8\ See Interpretation and Policy .08 to Rule 6.53C (Price Check 
Parameters) at paragraphs (c)(5), (d), (f)(2), and (g)(4) referring 
to orders that instruct the System to process the Agency Order as an 
unpaired order if an AIM Auction cannot be initiated.
    \9\ See, e.g., Regulatory Circular RG13-053 (Limit Up-Limit Down 
Order Handling); Regulatory Circular RG13-009 (AIM Primary Order 
Allowed in Penny Increments); Information Circular IC07-62 
(Automated Improvement Mechanism (AIM)).
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    Furthermore, to ensure that A:AIR orders are properly priced to 
allow the Exchange to book the Agency Order in the event an Auction 
cannot occur, proposed Interpretation and Policy .09 to Rule 6.74A 
would provide that orders marked ``A:AIR'' with Agency Orders that are 
not priced at the market or that are priced with a limit price not in 
the standard increment for the option series in which they are entered 
would be cancelled. For example, if a TPH were to submit a matched 
Agency Order into AIM for processing in a class with a minimum 
increment of a nickel, which was stopped with a contra order at $0.07, 
both the Agency Order and the contra order would be cancelled because 
the order, which is not priced in the minimum increment for the class, 
would not be eligible for AIM processing and because the System would 
not be able to book an order at $0.07 in a class with a minimum 
increment of a nickel. Notably, this provision of proposed 
Interpretation and Policy .09 to Rule 6.74A is consistent with previous 
descriptions of A:AIR functionality by the Exchange and Exchange rules 
that only permit orders at the standard increment to enter the 
book.\10\ Finally, proposed Interpretation and Policy .09 to Rule 6.74A 
would provide that A:AIR order functionality will be made available on 
those order management platforms as determined by the Exchange and 
announced via Regulatory Circular. This provision is intended to make 
clear that A:AIR functionality may not be available on all trading 
platforms in use on the Exchange.\11\
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    \10\ See Regulatory Circular RG13-009 (AIM Primary Order Allowed 
in Penny Increments); see also Rule 6.42.
    \11\ A:AIR functionality is not currently supported on Floor 
Broker Workstation (``FBW''), FBW2, or the PULSe trader workstation. 
FBW, FBW2, and PULSe are order handling tools used for manual 
handling of orders. Thus, when ineligible AIM orders are rejected 
back to FBW, FBW2, and PULSe users, a person is present to decide 
how best to handle such orders. FBW, FBW2, and PULSe users can 
either re-route such orders to be booked or for alternative 
electronic processing on the Exchange or to their broker on the 
floor of the Exchange.
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    The Exchange also notes that although orders submitted into AIM, 
which are not marked A:AIR and are ineligible for Auction processing 
will result in both the Agency Order and the matching contra order(s) 
being cancelled, the Rules do not explicitly provide as much. 
Accordingly, the Exchange proposes to add language to Rule 6.74A(a) to 
provide that in the event that a Trading Permit Holder submits a 
matched Agency Order for electronic execution into the Auction that is 
ineligible for processing because it does not meet the conditions 
described in paragraph (a), both the Agency Order and any solicited 
contra orders will be cancelled unless marked as an AIM Retained order 
pursuant to proposed Interpretation and Policy .09 to Rule 6.74A.\12\
---------------------------------------------------------------------------

    \12\ Notably, the A:AIR functionality is used primarily by smart 
router technology to ensure that ineligible AIM orders are submitted 
into the Hybrid Trading System for processing and not cancelled. 
Whereas traditional brokers and dealers are equipped to manually 
handle cancelled orders that are returned to them and may revise the 
cancelled orders' terms or contact their customers for further 
instructions, smart routers are generally all electronic algorithmic 
systems that may not allow for manual handling of cancelled orders.
---------------------------------------------------------------------------

    The Exchange also proposes to make minor changes to Interpretation 
and Policy .08 to Rule 6.53C regarding price reasonability checks on 
complex orders to harmonize references to A:AIR functionality in Rule 
6.53C with the language in proposed Interpretation and Policy .09 to 
Rule 6.74A. Specifically, the Exchange proposes to modify 
Interpretation and Policy .08(c)(5), (d), (f)(2), and (g)(4) to Rule 
6.53C (Price Check Parameters) to change references to AIM orders that 
instruct the System to process the Agency Order as an unpaired order if 
an AIM auction cannot be initiated, to instead refer to AIM Retained 
(``A:AIR'') orders as defined in proposed Interpretation and Policy .09 
to Rule 6.74A. These changes are non-substantive and intended only to 
harmonize existing references to A:AIR functionality currently in the 
Rules with the definition of A:AIR orders set forth in proposed 
Interpretation and Policy .09 to Rule 6.74A. The proposed rule change 
also makes non-substantive changes in these paragraphs to capitalize 
the defined term Agency Order, consistent with Rule 6.74A.
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.\13\ Specifically, the Exchange believes the proposed rule change 
is consistent with the Section 6(b)(5) \14\ 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

[[Page 20699]]

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) \15\ requirement that the rules 
of an exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ Id.
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    The proposed rule change seeks to provide additional clarity and 
completeness in the Rules regarding functionalities in use at the 
Exchange. The Exchange is continuously updating the Rules to provide 
additional detail, clarity, and transparency regarding its operations 
and trading systems. The Exchange believes that the adoption of 
detailed, clear, and transparent rules reduces burdens on competition 
and promotes just and equitable principles of trade. The Exchange also 
believes that A:AIR functionality is valuable enhancement to AIM, which 
provides the opportunity for execution of customer orders that a TPH 
submitted for crossing via AIM but cannot be executed via AIM and helps 
prevent inadvertent mishandling of Agency Orders (i.e. customer orders) 
submitted for Auction. The Exchange believes that these outcomes serve 
to protect investors' interests by helping to ensure that ineligible 
AIM Agency Orders are processed rather than cancelled. In addition, the 
Exchange believes that price improvement mechanisms promote competition 
amongst market participants and that enhancements to such price 
improvement mechanisms promote competition between exchanges. A:AIR 
functionality makes such mechanisms easier to use and minimizes the 
risk of order submitted into AIM being mishandled. Thus, the Exchange 
believes that the A:AIR functionality is an enhancement consistent with 
the purposes of the Act.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange notes that 
price improvement mechanisms are widely used across the national 
options exchanges. The exchanges have developed these mechanisms in 
order to provide market participants diverse opportunities to seek 
valuable price improvement and as a means to compete with one another 
for order flow. Such price improvement mechanisms not only promote 
intermarket competition for order flow between the exchanges, but also 
intramarket competition between market participants competing for 
orders directly through the auction process. Accordingly, the exchanges 
are continuously making enhancements and adding functionalities to 
their price improvement mechanisms in order to provide more competitive 
marketplaces for market participants and better compete with one 
another. A:AIR functionality is simply one of many enhancements that 
the Exchange has made to AIM for this purpose.

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 written comments on the 
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the Exchange consents, the Commission will:
    A. By order approve or disapprove such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change, as modified by Amendment No. 2, 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-2016-024 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-CBOE-2016-024. 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 such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-CBOE-2016-024, and should be 
submitted on or before April 29, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-08045 Filed 4-7-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Notices                                                  20697

                                                  SUPPLEMENTARY INFORMATION:     The Office               SECURITIES AND EXCHANGE                               A. Self-Regulatory Organization’s
                                                  of Management and Budget is                             COMMISSION                                            Statement of the Purpose of, and
                                                  particularly interested in comments                                                                           Statutory Basis for, the Proposed Rule
                                                                                                          [Release No. 34–77511; File No. SR–CBOE–
                                                  that:                                                   2016–024]
                                                                                                                                                                Change
                                                    1. Evaluate whether the proposed                                                                            1. Purpose
                                                  collection of information is necessary                  Self-Regulatory Organizations;
                                                                                                          Chicago Board Options Exchange,                          The Exchange proposes to amend
                                                  for the proper performance of functions                                                                       Rule 6.74A (Automated Improvement
                                                  of the agency, including whether the                    Incorporated; Notice of Filing of a
                                                                                                          Proposed Rule Change, as Modified by                  Mechanism (‘‘AIM’’)) to clarify how
                                                  information will have practical utility;                                                                      orders submitted for electronic crossing
                                                                                                          Amendment No. 2 Thereto, Relating to
                                                    2. Evaluate the accuracy of the                       AIM Retained Orders                                   into the AIM auction are treated if an
                                                  agency’s estimate of the burden of the                                                                        auction cannot occur, to adopt
                                                  proposed collection of information,                     April 4, 2016.                                        Interpretation and Policy .09 to Rule
                                                  including the validity of the                              Pursuant to Section 19(b)(1) of the                6.74A (AIM Retained Order
                                                  methodology and assumptions used;                       Securities Exchange Act of 1934 (the                  Functionality) to describe the
                                                                                                          ‘‘Act’’),1 and Rule 19b–4 thereunder,2                Exchange’s AIM Retained Order
                                                    3. Enhance the quality, utility, and                                                                        (‘‘A:AIR’’) functionality in the Rules,
                                                                                                          notice is hereby given that, on March
                                                  clarity of the information to be                                                                              and make minor edits to Interpretation
                                                                                                          22, 2016, Chicago Board Options
                                                  collected; and                                          Exchange, Incorporated (the ‘‘Exchange’’              and Policy .08 to Rule 6.53C (Price
                                                    4. Minimize the burden of the                         or ‘‘CBOE’’) filed with the Securities                Check Parameters) relating to the
                                                  collection of information on those who                  and Exchange Commission (the                          treatment of complex AIM orders
                                                  are to respond, including through the                   ‘‘Commission’’) the proposed rule                     marked A:AIR and correct certain
                                                  use of appropriate automated,                           change as described in Items I, II, and               typographical errors.
                                                  electronic, mechanical, or other                        III below, which Items have been                         Under Rule 6.74A (Automated
                                                  technological collection techniques or                  prepared by the Exchange. On April 1,                 Improvement Mechanism (‘‘AIM’’)), a
                                                  other forms of information technology,                  2016, the Exchange filed Amendment                    Trading Permit Holder (‘‘TPH’’) that
                                                  e.g., permitting electronic submissions                 No. 1 to the proposal. On April 4, 2016,              represents agency orders may
                                                  of responses.                                           the Exchange filed Amendment No. 2 to                 electronically execute an order it
                                                                                                          the proposal.3 The Commission is                      represents as agent (‘‘Agency Order’’)
                                                    SF 2802 is used to support the                                                                              against principal interest or against a
                                                                                                          publishing this notice to solicit
                                                  payment of monies from the Retirement                   comments on the proposed rule change                  solicited order provided it submits the
                                                  Fund. It identifies the applicant for                   from interested persons.                              Agency Order for electronic execution
                                                  refund of retirement deductions. SF                                                                           into the AIM auction (‘‘Auction’’) for
                                                  2802A is used to comply with the legal                  I. Self-Regulatory Organization’s                     processing. Matched Agency Orders
                                                  requirement that any spouse or former                   Statement of the Terms of Substance of                may be processed via AIM subject to
                                                  spouse of the applicant has been                        the Proposed Rule Change                              certain eligibility requirements
                                                  notified that the former employee is                       The text of the proposed rule change               contained in Rule 6.74A(a). Specifically,
                                                  applying for a refund.                                  is available on the Exchange’s Web site               to be eligible for processing via AIM, the
                                                                                                          (http://www.cboe.com/AboutCBOE/                       Agency Order must be: (1) In a class
                                                  Analysis                                                CBOELegalRegulatoryHome.aspx), at                     designated as eligible for Auctions and
                                                    Agency: Retirement Operations,                        the Exchange’s Office of the Secretary,               within the designated eligibility size
                                                  Retirement Services, Office of Personnel                and at the Commission’s Public                        parameters as determined by the
                                                  Management.                                             Reference Room.                                       Exchange; (2) stopped with a principal
                                                                                                                                                                or solicited order priced at the national
                                                    Title: Application For Refund of                      II. Self-Regulatory Organization’s
                                                                                                                                                                best bid or offer (‘‘NBBO’’) (if 50
                                                  Retirement Deductions (CSRS)/Current/                   Statement of the Purpose of, and
                                                                                                                                                                standard option contracts or 500 mini-
                                                  Former Spouse’s Notification of                         Statutory Basis for, the Proposed Rule
                                                                                                                                                                option contracts or greater) or one cent/
                                                  Application for Refund of Retirement                    Change
                                                                                                                                                                one minimum increment better than the
                                                  Deductions Under the Civil Service                        In its filing with the Commission, the              NBBO (if less than 50 standard option
                                                  Retirement System.                                      Exchange included statements                          contracts or 500 mini-option contracts);
                                                    OMB Number: 3206–0128.                                concerning the purpose of and basis for               and (3) submitted in a series in which
                                                                                                          the proposed rule change and discussed                at least three Market-Makers are quoting
                                                    Frequency: On occasion.                               any comments it received on the                       if submitted during regular trading
                                                    Affected Public: Individuals or                       proposed rule change. The text of these               hours.4 Orders submitted for crossing
                                                  Households.                                             statements may be examined at the                     into AIM, which are ineligible for
                                                    Number of Respondents: SF 2802 =                      places specified in Item IV below. The                Auction processing will result in both
                                                  3,741; SF 2802A = 3,389.                                Exchange has prepared summaries, set                  the Agency Order and the matching
                                                                                                          forth in sections A, B, and C below, of               contra order(s) being cancelled.
                                                    Estimated Time per Respondent: SF                     the most significant aspects of such                     A:AIR functionality is an
                                                  2802 = 1 hour; SF 2802A = 15 minutes.                   statements.                                           enhancement to AIM that allows TPHs
                                                    Total Burden Hours: 4,588.                                                                                  the flexibility to choose, on an order-by-
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                            1 15 U.S.C. 78s(b)(1).
                                                  U.S. Office of Personnel Management.                                                                          order basis, whether an Agency Order
                                                                                                            2 17 CFR 240.19b–4.                                 should continue into the Hybrid
                                                  Beth F. Cobert,                                           3 In Amendment No. 2, which superseded

                                                                                                          Amendment No. 1 in its entirety, the Exchange
                                                                                                                                                                Trading System 5 for processing rather
                                                  Acting Director.
                                                                                                          proposed changes to amend the proposed rule text
                                                  [FR Doc. 2016–08079 Filed 4–7–16; 8:45 am]              of Interpretation and Policy .08 to Rule 6.53C in       4 See Rule 6.74A(a).
                                                  BILLING CODE 6325–38–P                                  Exhibit 5 to include references to Rule 6.74A when      5 The Hybrid Trading System refers to the
                                                                                                          referring to proposed Interpretation and Policy .09   Exchange’s trading platform as defined in Rule
                                                                                                          to Rule 6.74A.                                        1.1(aaa) (Hybrid Trading System).



                                             VerDate Sep<11>2014   17:48 Apr 07, 2016   Jkt 238001   PO 00000   Frm 00092   Fmt 4703   Sfmt 4703   E:\FR\FM\08APN1.SGM    08APN1


                                                  20698                               Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Notices

                                                  than cancel in the event that an Auction                   occur (including if the conditions                     into the Auction that is ineligible for
                                                  cannot occur.6 A:AIR functionality                         described in Rule 6.74A(a) are not met).               processing because it does not meet the
                                                  essentially allows for the entry of                          Furthermore, to ensure that A:AIR                    conditions described in paragraph (a),
                                                  Agency Orders into AIM with                                orders are properly priced to allow the                both the Agency Order and any solicited
                                                  contingency processing instructions for                    Exchange to book the Agency Order in                   contra orders will be cancelled unless
                                                  handling in the event that the order                       the event an Auction cannot occur,                     marked as an AIM Retained order
                                                  cannot be processed via Auction. For                       proposed Interpretation and Policy .09                 pursuant to proposed Interpretation and
                                                  example, using the A:AIR functionality,                    to Rule 6.74A would provide that orders                Policy .09 to Rule 6.74A.12
                                                  a TPH might submit a matched Agency                        marked ‘‘A:AIR’’ with Agency Orders                       The Exchange also proposes to make
                                                  Order for 50 standard contracts that is                    that are not priced at the market or that              minor changes to Interpretation and
                                                  stopped with a principal interest or                       are priced with a limit price not in the               Policy .08 to Rule 6.53C regarding price
                                                  solicited order priced outside of the                      standard increment for the option series               reasonability checks on complex orders
                                                  NBBO and into AIM. In such a case, the                     in which they are entered would be                     to harmonize references to A:AIR
                                                  order would not initiate an auction (as                    cancelled. For example, if a TPH were                  functionality in Rule 6.53C with the
                                                  the eligibility requirement in Rule                        to submit a matched Agency Order into                  language in proposed Interpretation and
                                                  6.74A(a)(2) would not be met),7 but                        AIM for processing in a class with a                   Policy .09 to Rule 6.74A. Specifically,
                                                  would continue into the Hybrid Trading                     minimum increment of a nickel, which                   the Exchange proposes to modify
                                                  System and be booked at the Agency                         was stopped with a contra order at                     Interpretation and Policy .08(c)(5), (d),
                                                  Order limit price (rather than cancelled                   $0.07, both the Agency Order and the                   (f)(2), and (g)(4) to Rule 6.53C (Price
                                                  if A:AIR functionality were not used)                      contra order would be cancelled                        Check Parameters) to change references
                                                  and the contra order would be                              because the order, which is not priced                 to AIM orders that instruct the System
                                                  cancelled.                                                 in the minimum increment for the class,                to process the Agency Order as an
                                                     The Exchange notes that A:AIR                           would not be eligible for AIM                          unpaired order if an AIM auction cannot
                                                  functionality is currently available for                   processing and because the System                      be initiated, to instead refer to AIM
                                                  use on the Exchange and is referred to                     would not be able to book an order at                  Retained (‘‘A:AIR’’) orders as defined in
                                                  in the Rules (although not using that                      $0.07 in a class with a minimum                        proposed Interpretation and Policy .09
                                                  term) 8 and explained in various                           increment of a nickel. Notably, this                   to Rule 6.74A. These changes are non-
                                                  Information and Regulatory Circulars.9                     provision of proposed Interpretation                   substantive and intended only to
                                                  A:AIR functionality, however, is not                       and Policy .09 to Rule 6.74A is                        harmonize existing references to A:AIR
                                                  explicitly defined in the Rules.                           consistent with previous descriptions of               functionality currently in the Rules with
                                                  Accordingly, this filing is intended to                    A:AIR functionality by the Exchange                    the definition of A:AIR orders set forth
                                                  further codify, clarify, and describe                      and Exchange rules that only permit                    in proposed Interpretation and Policy
                                                  A:AIR functionality in the Rules.                          orders at the standard increment to                    .09 to Rule 6.74A. The proposed rule
                                                  Specifically, the Exchange proposes to                     enter the book.10 Finally, proposed                    change also makes non-substantive
                                                  adopt Interpretation and Policy .09 to                     Interpretation and Policy .09 to Rule                  changes in these paragraphs to
                                                  Rule 6.74A (AIM Retained Order                             6.74A would provide that A:AIR order                   capitalize the defined term Agency
                                                  Functionality), under which the                            functionality will be made available on                Order, consistent with Rule 6.74A.
                                                  Exchange would define an AIM                               those order management platforms as                    2. Statutory Basis
                                                  Retained Order as the transmission of                      determined by the Exchange and
                                                  two or more orders for crossing                            announced via Regulatory Circular. This                   The Exchange believes the proposed
                                                  pursuant to Rule 6.74A, with the                           provision is intended to make clear that               rule change is consistent with the Act
                                                  Agency Order priced at the market or a                     A:AIR functionality may not be                         and the rules and regulations
                                                  limit price in the standard increment for                  available on all trading platforms in use              thereunder applicable to the Exchange
                                                  the option series and marked with a                        on the Exchange.11                                     and, in particular, the requirements of
                                                  contingency instruction to route the                         The Exchange also notes that although                Section 6(b) of the Act.13 Specifically,
                                                  Agency Order for processing and cancel                     orders submitted into AIM, which are                   the Exchange believes the proposed rule
                                                  any contra orders if an Auction cannot                     not marked A:AIR and are ineligible for                change is consistent with the Section
                                                                                                             Auction processing will result in both                 6(b)(5) 14 requirements that the rules of
                                                     6 There are a variety of circumstances in which
                                                                                                             the Agency Order and the matching                      an exchange be designed to prevent
                                                  an AIM order may be submitted to the Exchange for          contra order(s) being cancelled, the                   fraudulent and manipulative acts and
                                                  processing, but an auction may not occur. For                                                                     practices, to promote just and equitable
                                                  example, TPH may submit an order for AIM                   Rules do not explicitly provide as much.
                                                  processing, which is not AIM eligible because one          Accordingly, the Exchange proposes to                  principles of trade, to foster cooperation
                                                  or more of the conditions required for an AIM              add language to Rule 6.74A(a) to                       and coordination with persons engaged
                                                  auction to occur pursuant to Rule 6.74A(a) is not          provide that in the event that a Trading               in regulating, clearing, settling,
                                                  present. In addition, an order that is otherwise AIM                                                              processing information with respect to,
                                                  eligible may not be able to process for a variety of       Permit Holder submits a matched
                                                  reasons, including, but not limited to circumstances       Agency Order for electronic execution                  and facilitating transactions in
                                                  in which AIM functionality is suspended. In either                                                                securities, to remove impediments to
                                                  of such cases, A:AIR functionality may allow the              10 See Regulatory Circular RG13–009 (AIM
                                                  Agency Order to process despite the overall order          Primary Order Allowed in Penny Increments); see          12 Notably, the A:AIR functionality is used
                                                  not being AIM eligible.                                    also Rule 6.42.                                        primarily by smart router technology to ensure that
                                                     7 See Rule 6.74A(a).                                       11 A:AIR functionality is not currently supported   ineligible AIM orders are submitted into the Hybrid
                                                     8 See Interpretation and Policy .08 to Rule 6.53C
                                                                                                             on Floor Broker Workstation (‘‘FBW’’), FBW2, or        Trading System for processing and not cancelled.
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                                                  (Price Check Parameters) at paragraphs (c)(5), (d),        the PULSe trader workstation. FBW, FBW2, and           Whereas traditional brokers and dealers are
                                                  (f)(2), and (g)(4) referring to orders that instruct the   PULSe are order handling tools used for manual         equipped to manually handle cancelled orders that
                                                  System to process the Agency Order as an unpaired          handling of orders. Thus, when ineligible AIM          are returned to them and may revise the cancelled
                                                  order if an AIM Auction cannot be initiated.               orders are rejected back to FBW, FBW2, and PULSe       orders’ terms or contact their customers for further
                                                     9 See, e.g., Regulatory Circular RG13–053 (Limit        users, a person is present to decide how best to       instructions, smart routers are generally all
                                                  Up-Limit Down Order Handling); Regulatory                  handle such orders. FBW, FBW2, and PULSe users         electronic algorithmic systems that may not allow
                                                  Circular RG13–009 (AIM Primary Order Allowed in            can either re-route such orders to be booked or for    for manual handling of cancelled orders.
                                                                                                                                                                      13 15 U.S.C. 78f(b).
                                                  Penny Increments); Information Circular IC07–62            alternative electronic processing on the Exchange or
                                                  (Automated Improvement Mechanism (AIM)).                   to their broker on the floor of the Exchange.            14 15 U.S.C. 78f(b)(5).




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                                                                                    Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Notices                                                20699

                                                  and perfect the mechanism of a free and                 intermarket competition for order flow                Commission process and review your
                                                  open market and a national market                       between the exchanges, but also                       comments more efficiently, please use
                                                  system, and, in general, to protect                     intramarket competition between                       only one method. The Commission will
                                                  investors and the public interest.                      market participants competing for                     post all comments on the Commission’s
                                                  Additionally, the Exchange believes the                 orders directly through the auction                   Internet Web site (http://www.sec.gov/
                                                  proposed rule change is consistent with                 process. Accordingly, the exchanges are               rules/sro.shtml). Copies of the
                                                  the Section 6(b)(5) 15 requirement that                 continuously making enhancements and                  submission, all subsequent
                                                  the rules of an exchange not be designed                adding functionalities to their price                 amendments, all written statements
                                                  to permit unfair discrimination between                 improvement mechanisms in order to                    with respect to the proposed rule
                                                  customers, issuers, brokers, or dealers.                provide more competitive marketplaces                 change that are filed with the
                                                    The proposed rule change seeks to                     for market participants and better                    Commission, and all written
                                                  provide additional clarity and                          compete with one another. A:AIR                       communications relating to the
                                                  completeness in the Rules regarding                     functionality is simply one of many                   proposed rule change between the
                                                  functionalities in use at the Exchange.                 enhancements that the Exchange has                    Commission and any person, other than
                                                  The Exchange is continuously updating                   made to AIM for this purpose.                         those that may be withheld from the
                                                  the Rules to provide additional detail,                                                                       public in accordance with the
                                                  clarity, and transparency regarding its                 C. Self-Regulatory Organization’s
                                                                                                                                                                provisions of 5 U.S.C. 552, will be
                                                  operations and trading systems. The                     Statement on Comments on the
                                                                                                                                                                available for Web site viewing and
                                                  Exchange believes that the adoption of                  Proposed Rule Change Received From
                                                                                                                                                                printing in the Commission’s Public
                                                  detailed, clear, and transparent rules                  Members, Participants, or Others
                                                                                                                                                                Reference Room, 100 F Street NE.,
                                                  reduces burdens on competition and                        The Exchange neither solicited nor                  Washington, DC 20549 on official
                                                  promotes just and equitable principles                  received written comments on the                      business days between the hours of
                                                  of trade. The Exchange also believes that               proposed rule change.                                 10:00 a.m. and 3:00 p.m. Copies of such
                                                  A:AIR functionality is valuable                                                                               filing also will be available for
                                                  enhancement to AIM, which provides                      III. Date of Effectiveness of the
                                                                                                          Proposed Rule Change and Timing for                   inspection and copying at the principal
                                                  the opportunity for execution of                                                                              office of the Exchange. All comments
                                                  customer orders that a TPH submitted                    Commission Action
                                                                                                                                                                received will be posted without change;
                                                  for crossing via AIM but cannot be                         Within 45 days of the date of                      the Commission does not edit personal
                                                  executed via AIM and helps prevent                      publication of this notice in the Federal             identifying information from
                                                  inadvertent mishandling of Agency                       Register or within such longer period                 submissions. You should submit only
                                                  Orders (i.e. customer orders) submitted                 up to 90 days (i) as the Commission may               information that you wish to make
                                                  for Auction. The Exchange believes that                 designate if it finds such longer period              available publicly. All submissions
                                                  these outcomes serve to protect                         to be appropriate and publishes its                   should refer to File Number SR–CBOE–
                                                  investors’ interests by helping to ensure               reasons for so finding or (ii) as to which            2016–024, and should be submitted on
                                                  that ineligible AIM Agency Orders are                   the Exchange consents, the Commission                 or before April 29, 2016.
                                                  processed rather than cancelled. In                     will:
                                                  addition, the Exchange believes that                       A. By order approve or disapprove                    For the Commission, by the Division of
                                                  price improvement mechanisms                                                                                  Trading and Markets, pursuant to delegated
                                                                                                          such proposed rule change, or
                                                                                                                                                                authority.16
                                                  promote competition amongst market                         B. institute proceedings to determine
                                                  participants and that enhancements to                   whether the proposed rule change                      Robert W. Errett,
                                                  such price improvement mechanisms                       should be disapproved.                                Deputy Secretary.
                                                  promote competition between                                                                                   [FR Doc. 2016–08045 Filed 4–7–16; 8:45 am]
                                                                                                          IV. Solicitation of Comments
                                                  exchanges. A:AIR functionality makes                                                                          BILLING CODE 8011–01–P
                                                  such mechanisms easier to use and                          Interested persons are invited to
                                                  minimizes the risk of order submitted                   submit written data, views, and
                                                  into AIM being mishandled. Thus, the                    arguments concerning the foregoing,                   SECURITIES AND EXCHANGE
                                                  Exchange believes that the A:AIR                        including whether the proposed rule                   COMMISSION
                                                  functionality is an enhancement                         change, as modified by Amendment No.
                                                  consistent with the purposes of the Act.                2, is consistent with the Act. Comments               [Investment Company Act Release No.
                                                                                                          may be submitted by any of the                        32065; 812–14528]
                                                  B. Self-Regulatory Organization’s
                                                                                                          following methods:
                                                  Statement on Burden on Competition                                                                            Madison ETF Trust and Madison ETF
                                                    The Exchange does not believe that                    Electronic Comments                                   Advisers, LLC; Notice of Application
                                                  the proposed rule change will impose                      • Use the Commission’s Internet
                                                                                                                                                                April 4, 2016.
                                                  any burden on competition that is not                   comment form (http://www.sec.gov/
                                                  necessary or appropriate in furtherance                 rules/sro.shtml); or                                  AGENCY:    Securities and Exchange
                                                  of the purposes of the Act. The                           • Send an email to rule-comments@                   Commission (‘‘Commission’’).
                                                  Exchange notes that price improvement                   sec.gov. Please include File Number SR–               ACTION: Notice of an application for an
                                                  mechanisms are widely used across the                   CBOE–2016–024 on the subject line.                    order under section 6(c) of the
                                                  national options exchanges. The                                                                               Investment Company Act of 1940 (the
                                                                                                          Paper Comments                                        ‘‘Act’’) for an exemption from sections
                                                  exchanges have developed these
                                                                                                            • Send paper comments in triplicate                 2(a)(32), 5(a)(1), 22(d), and 22(e) of the
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                                                  mechanisms in order to provide market
                                                  participants diverse opportunities to                   to Brent J. Fields, Secretary, Securities             Act and rule 22c–1 under the Act, under
                                                  seek valuable price improvement and as                  and Exchange Commission, 100 F Street                 sections 6(c) and 17(b) of the Act for an
                                                  a means to compete with one another                     NE., Washington, DC 20549–1090.                       exemption from sections 17(a)(1) and
                                                  for order flow. Such price improvement                  All submissions should refer to File                  17(a)(2) of the Act, and under section
                                                  mechanisms not only promote                             Number SR–CBOE–2016–024. This file                    12(d)(1)(J) for an exemption from
                                                                                                          number should be included on the
                                                    15 Id.                                                subject line if email is used. To help the              16 17   CFR 200.30–3(a)(12).



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Document Created: 2018-02-07 13:49:53
Document Modified: 2018-02-07 13:49:53
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 Citation81 FR 20697 

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