81_FR_41749 81 FR 41626 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Order Marking

81 FR 41626 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Order Marking

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 123 (June 27, 2016)

Page Range41626-41628
FR Document2016-15074

Federal Register, Volume 81 Issue 123 (Monday, June 27, 2016)
[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)]
[Notices]
[Pages 41626-41628]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15074]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78110; File No. SR-CBOE-2016-050]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change Related to Order Marking

June 21, 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 June 16, 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. The Exchange filed the proposal as a ``non-controversial'' 
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 
\3\ and Rule 19b-4(f)(6) thereunder.\4\ The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange seeks to update certain order marking requirements. 
The text of the proposed rule change is provided below.

(additions are italicized; deletions are [bracketed])
* * * * *
Chicago Board Options Exchange, Incorporated Rules
* * * * *
Rule 6.9. Solicited Transactions
    A Trading Permit Holder or TPH organization representing an order 
respecting an option traded on the Exchange (an ``original order''), 
including a spread, combination, or straddle order as defined in Rule 
6.53, a stock-option order as defined in Rule 1.1(ii), a security 
future-option order as defined in Rule 1.1(zz), or any other complex 
order as defined in Rule 6.53C, may solicit a Trading Permit Holder or 
TPH organization or a non-Trading Permit Holder customer or broker-
dealer (the ``solicited person'') to transact in-person or by order (a 
``solicited order'') with the original order. In addition, whenever a 
floor broker who is aware of, but does not represent, an original order 
solicits one or more persons or orders in response to an original 
order, the persons solicited and any resulting orders are solicited 
persons or solicited orders subject to this Rule. Original orders and 
solicited orders are subject to the following conditions.
    (a)-(e) No change.
    (f) All orders initiated as a result of a solicitation must be 
marked [``SL.''] in a manner and form prescribed by the Exchange and 
announced via Regulatory Circular. [If the solicited person is on the 
trading floor and elects to participate by order, the solicited person 
must retain a copy of the solicited order on the trading floor so long 
as the order is active.]
* * * * *
Rule 6.53. Certain Types of Orders Defined
    One or more of the following order types may be made available on a 
class-by-class basis. Certain order types may not be made available for 
all Exchange systems. The classes and/or systems for which the order 
types shall be available will be as provided in the Rules, as the 
context may indicate, or as otherwise specified via Regulatory 
Circular.
    (a)-(f) No change.
    (g) Not Held Order. A not held order is an order marked ``not 
held'', ``take time'' or which bears any qualifying notation giving 
discretion as to the price or time at which such order is to be 
executed. An order entrusted to a Floor Broker will be considered a Not 
Held Order, unless otherwise specified by a Floor Broker's client or 
the order was received by the Exchange electronically and subsequently 
routed to a Floor Broker or PAR Official pursuant to the order entry 
firm's routing instructions. Not Held Orders and/or ``held'' orders 
must be marked in a manner and form prescribed by the Exchange and 
announced via Regulatory Circular.
* * * * *
    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

[[Page 41627]]

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 update order marking requirements 
applicable to solicited orders under Rule 6.9(f) and Not Held Orders 
under Rule 6.53(g).
    Rule 6.9 governs the procedures and priority applicable to the open 
outcry execution of an order solicited (a ``solicited order'') by a 
Trading Permit Holder or TPH organization representing an order 
respecting an option traded on the Exchange (an ``original order'').\5\ 
Rule 6.9(f) currently provides that orders initiated as a result of a 
solicitation must be marked ``SL.'' The requirement to mark an order 
``SL'' was implemented when paper order tickets were utilized on the 
floor of the Exchange, and the marking requirement has not been updated 
since paper order tickets stopped being used. Thus, the Exchange is 
proposing to update Rule 6.9(f) by proposing that all orders initiated 
as a result of a solicitation must be marked in a manner and form 
prescribed by the Exchange and announced via Regulatory Circular.\6\
---------------------------------------------------------------------------

    \5\ Rule 6.9 specifically sets forth rules governing the 
priority of a solicited order when the terms of the original order 
were either disclosed to the trading crowd prior to the solicitation 
(Rule 6.9(a)(b) and (c)) or disclosed to the trading crowd after the 
solicitation (Rule 6.9(d)); prohibiting trading based on knowledge 
of an imminent undisclosed solicited transactions (Rule 6.9(e)); and 
requiring solicited orders be marked as such (Rule 6.9(f)).
    \6\ The Exchange proposes to remove the requirement that if the 
solicited person is on the trading floor and elects to participate 
by order, the solicited person must retain a copy of the solicited 
order on the trading floor so long as the order is active. The 
requirement is no longer relevant as orders are captured in the 
electronic audit trail.
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    The Exchange, through a third-party vendor, is in the process of 
updating the Exchange provided Floor Broker Workstation (``FBW2'') \7\ 
and has updated Exchange provided PULSe to enable TPHs to mark 
solicited orders upon systematization. Additionally, the Exchange is in 
the process of updating the Public Automatic Routing System (``PAR'') 
and the Order Management Terminal (``OMT'') to allow orders that are 
identified as solicited orders to be captured in the electronic audit 
trail. The Exchange will not implement any solicited order marking 
requirement changes pursuant to amended Rule 6.9(f) until the 
enhancements to FBW2, PULSe, PAR, and OMT are complete.
---------------------------------------------------------------------------

    \7\ See RG16-052.
---------------------------------------------------------------------------

    Rule 6.53(g) defines a ``Not Held Order'' as an order marked ``not 
held'', ``take time'' or which bears any qualifying notation giving 
discretion as to the price or time at which such order is to be 
executed.\8\ On June 25, 2015, the Securities and Exchange Commission 
(the ``Commission'') approved a rule filing providing that an order 
entrusted to a Floor Broker is considered a Not Held Order, unless 
otherwise specified by a Floor Broker's client or the order was 
received by the Exchange electronically and subsequently routed to a 
Floor Broker or PAR Official pursuant to the order entry firm's routing 
instructions.\9\
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    \8\ A ``Not Held'' order generally is one where the customer 
gives the Floor Broker discretion in executing the order, both with 
respect to the time of execution and the price (though the customer 
may specify a limit price), and the Floor Broker works the order 
over a period of time to avoid market impact while seeking best 
execution of the order.
    \9\ See Securities Exchange Act Release No. 75299 (June 25, 
2015), 80 FR 37700 (July 1, 2015) (SR-CBOE-2015-047) (Approval 
Order).
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    Although SR-CBOE-2015-047 provides that orders entrusted to Floor 
Brokers are by default Not Held Orders, the Exchange currently requires 
Not Held Orders to be proactively marked as Not Held Orders.\10\ Orders 
that are not proactively marked as Not Held Orders are treated as 
``held'' for regulatory purposes. However, the Exchange is in the 
process of updating PAR and OMT to instead allow certain orders that 
are not proactively marked as ``held'' to be considered Not Held 
Orders, which reflects the fact that orders entrusted to Floor Brokers 
are by default Not Held Orders. Although it's reasonably implied from 
current Rule 6.53(g) that an order that is ``held'' would need to be 
marked in a manner to differentiate them from Not Held Orders, the 
Exchange proposes to amend Rule 6.53(g) to explicitly provide that Not 
Held Orders and/or ``held'' orders must be marked in a manner and form 
prescribed by the Exchange and announced via Regulatory Circular. The 
Exchange will not modify the current Not Held marking requirements \11\ 
pursuant to amended Rule 6.53(g) until the enhancements to PAR and OMT 
are complete.
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    \10\ See Regulatory Circular RG15-136.
    \11\ Id.
---------------------------------------------------------------------------

    The Exchange will announce the implementation date of this rule 
filing via Regulatory Circular at least 30 days prior to the 
implementation date. The implementation date will be within 180 days of 
the effective date of this filing.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\12\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \13\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. Additionally, 
the Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \14\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ Id.
---------------------------------------------------------------------------

    In particular, the proposed amendment to Rule 6.9(f) would promote 
just and equitable principles of trading by enhancing the Exchange's 
audit trail. An enhanced audit trail will help the Exchange to regulate 
these kinds of orders more thoroughly, which should serve to promote 
just and equitable trading of solicited orders on the Exchange. The 
Exchange also believes the proposed rule change is consistent with 
Section 6(b)(1) of the Act,\15\ which provides that the Exchange be 
organized and have the capacity to be able to carry out the purposes of 
the Act and to enforce compliance by the Exchange's TPHs and persons 
associated with its TPHs with the Act, the rules and regulations 
thereunder, and the rules of the Exchange. With an enhanced audit trail 
of solicited orders, the Exchange believes it will be able to more 
comprehensively monitor the trading of solicited orders on the 
Exchange.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

    The proposed addition to Rule 6.53(g) removes impediments to and 
perfects the mechanism of a free and open market and a national market 
system, and, in general, protects investors and the public interest by 
eliminating any

[[Page 41628]]

potential confusion as to whether TPHs must proactively mark certain 
orders as ``held'' instead of proactively marking certain orders as Not 
Held Orders, which reflects the fact that orders entrusted to Floor 
Brokers are by default Not Held 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. In particular, the proposed 
rule change will not impose any burden on any intramarket competition 
as it will be applied to similarly situated groups trading on the 
Exchange equally. The Exchange does not believe the proposed rule 
change will impose any burden on intermarket competition as the 
proposed changes merely amends existing TPH obligations related to the 
marking of solicited orders, ``held'' orders, and Not Held Orders.

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

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

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

    Because the foregoing proposed rule change does not:
    A. Significantly affect the protection of investors or the public 
interest;
    B. impose any significant burden on competition; and
    C. become operative for 30 days from the date on which it was 
filed, or such shorter time as the Commission may designate, it has 
become effective pursuant to Section 19(b)(3)(A) of the Act \16\ and 
Rule 19b-4(f)(6) \17\ 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.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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-2016-050 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-2016-050. 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-2016-050 and should be 
submitted on or before July 18, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-15074 Filed 6-24-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  41626                          Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices

                                                  2012. On February 22, 2016,                             SECURITIES AND EXCHANGE                                 whenever a floor broker who is aware
                                                  Corporation Finance sent a delinquency                  COMMISSION                                              of, but does not represent, an original
                                                  letter to GNBA requesting compliance                                                                            order solicits one or more persons or
                                                                                                          [Release No. 34–78110; File No. SR–CBOE–
                                                  with its periodic filing requirements but               2016–050]
                                                                                                                                                                  orders in response to an original order,
                                                  GNBA did not receive the delinquency                                                                            the persons solicited and any resulting
                                                  letter due to its failure to maintain a                 Self-Regulatory Organizations;                          orders are solicited persons or solicited
                                                  valid address on file with the                          Chicago Board Options Exchange,                         orders subject to this Rule. Original
                                                  Commission as required by Commission                    Incorporated; Notice of Filing and                      orders and solicited orders are subject to
                                                  Issuer Address Rules. As of June 16,                    Immediate Effectiveness of a Proposed                   the following conditions.
                                                  2016, the common stock of GNBA was                      Rule Change Related to Order Marking                      (a)–(e) No change.
                                                  quoted on OTC Link, had five market                                                                               (f) All orders initiated as a result of a
                                                                                                          June 21, 2016.                                          solicitation must be marked [‘‘SL.’’] in a
                                                  makers, and was eligible for the                           Pursuant to Section 19(b)(1) of the                  manner and form prescribed by the
                                                  ‘‘piggyback’’ exception of Exchange Act                 Securities Exchange Act of 1934 (the                    Exchange and announced via
                                                  Rule 15c2–11(f)(3).                                     ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  Regulatory Circular. [If the solicited
                                                     It appears to the Commission that                    notice is hereby given that on June 16,                 person is on the trading floor and elects
                                                  there is a lack of current and accurate                 2016, Chicago Board Options Exchange,                   to participate by order, the solicited
                                                  information concerning the securities of                Incorporated (the ‘‘Exchange’’ or                       person must retain a copy of the
                                                  Logic Devices, Incorporated (‘‘LOGC’’)                  ‘‘CBOE’’) filed with the Securities and                 solicited order on the trading floor so
                                                  (CIK No. 802851), a suspended                           Exchange Commission (the                                long as the order is active.]
                                                  California corporation located in                       ‘‘Commission’’) the proposed rule
                                                                                                                                                                  *     *     *     *     *
                                                  Sunnyvale, California with a class of                   change as described in Items I, II, and
                                                                                                          III below, which Items have been                        Rule 6.53. Certain Types of Orders
                                                  securities registered with the
                                                                                                          prepared by the Exchange. The                           Defined
                                                  Commission pursuant to Exchange Act
                                                                                                          Exchange filed the proposal as a ‘‘non-
                                                  Section 12(g) because it is delinquent in                                                                          One or more of the following order
                                                                                                          controversial’’ proposed rule change
                                                  its periodic filings with the                                                                                   types may be made available on a class-
                                                                                                          pursuant to Section 19(b)(3)(A)(iii) of
                                                  Commission, having not filed any                                                                                by-class basis. Certain order types may
                                                                                                          the Act 3 and Rule 19b–4(f)(6)
                                                  periodic reports since it filed a Form                                                                          not be made available for all Exchange
                                                                                                          thereunder.4 The Commission is
                                                  10–Q for the period ended June 30,                                                                              systems. The classes and/or systems for
                                                                                                          publishing this notice to solicit
                                                  2012. On November 14, 2013,                                                                                     which the order types shall be available
                                                                                                          comments on the proposed rule change
                                                  Corporation Finance sent a delinquency                                                                          will be as provided in the Rules, as the
                                                                                                          from interested persons.
                                                  letter to LOGC requesting compliance                                                                            context may indicate, or as otherwise
                                                                                                          I. Self-Regulatory Organization’s                       specified via Regulatory Circular.
                                                  with its periodic filing requirements but
                                                                                                          Statement of the Terms of Substance of                     (a)–(f) No change.
                                                  LOGC did not receive the delinquency
                                                                                                          the Proposed Rule Change                                   (g) Not Held Order. A not held order
                                                  letter due to its failure to maintain a
                                                                                                             The Exchange seeks to update certain                 is an order marked ‘‘not held’’, ‘‘take
                                                  valid address on file with the                                                                                  time’’ or which bears any qualifying
                                                  Commission as required by Commission                    order marking requirements. The text of
                                                                                                          the proposed rule change is provided                    notation giving discretion as to the price
                                                  Issuer Address Rules. As of June 16,                                                                            or time at which such order is to be
                                                  2016, the common stock of LOGC was                      below.
                                                                                                          (additions are italicized; deletions are                executed. An order entrusted to a Floor
                                                  quoted on OTC Link, had five market                                                                             Broker will be considered a Not Held
                                                  makers, and was eligible for the                        [bracketed])
                                                                                                                                                                  Order, unless otherwise specified by a
                                                  ‘‘piggyback’’ exception of Exchange Act                 *     *    *      *     *                               Floor Broker’s client or the order was
                                                  Rule 15c2–11(f)(3).                                     Chicago Board Options Exchange,
                                                                                                                                                                  received by the Exchange electronically
                                                                                                          Incorporated Rules
                                                     The Commission is of the opinion that                                                                        and subsequently routed to a Floor
                                                                                                          *     *    *      *     *                               Broker or PAR Official pursuant to the
                                                  the public interest and the protection of
                                                  investors require a suspension of trading               Rule 6.9. Solicited Transactions                        order entry firm’s routing instructions.
                                                  in the securities of the above-listed                                                                           Not Held Orders and/or ‘‘held’’ orders
                                                                                                             A Trading Permit Holder or TPH
                                                  companies. Therefore, it is ordered,                                                                            must be marked in a manner and form
                                                                                                          organization representing an order
                                                  pursuant to Section 12(k) of the                                                                                prescribed by the Exchange and
                                                                                                          respecting an option traded on the
                                                  Securities Exchange Act of 1934, that                                                                           announced via Regulatory Circular.
                                                                                                          Exchange (an ‘‘original order’’),
                                                  trading in the securities of the above-                 including a spread, combination, or                     *      *     *    *    *
                                                  listed companies is suspended for the                   straddle order as defined in Rule 6.53,                    The text of the proposed rule change
                                                  period from 9:30 a.m. EDT on June 23,                   a stock-option order as defined in Rule                 is also available on the Exchange’s Web
                                                  2016, through 11:59 p.m. EDT on July 7,                 1.1(ii), a security future-option order as              site (http://www.cboe.com/AboutCBOE/
                                                  2016.                                                   defined in Rule 1.1(zz), or any other                   CBOELegalRegulatoryHome.aspx), at
                                                                                                          complex order as defined in Rule 6.53C,                 the Exchange’s Office of the Secretary,
                                                     By the Commission.                                                                                           and at the Commission’s Public
                                                                                                          may solicit a Trading Permit Holder or
                                                  Jill M. Peterson,                                       TPH organization or a non-Trading                       Reference Room.
                                                  Assistant Secretary.                                    Permit Holder customer or broker-dealer                 II. Self-Regulatory Organization’s
mstockstill on DSK3G9T082PROD with NOTICES




                                                  [FR Doc. 2016–15214 Filed 6–23–16; 11:15 am]            (the ‘‘solicited person’’) to transact in-              Statement of the Purpose of, and
                                                  BILLING CODE 8011–01–P                                  person or by order (a ‘‘solicited order’’)              Statutory Basis for, the Proposed Rule
                                                                                                          with the original order. In addition,                   Change
                                                                                                            1 15 U.S.C. 78s(b)(1).                                  In its filing with the Commission, the
                                                                                                            2 17 CFR 240.19b–4.                                   Exchange included statements
                                                                                                            3 15 U.S.C. 78s(b)(3)(A)(iii).                        concerning the purpose of and basis for
                                                                                                            4 17 CFR 240.19b–4(f)(6).                             the proposed rule change and discussed


                                             VerDate Sep<11>2014   18:52 Jun 24, 2016   Jkt 238001   PO 00000   Frm 00119   Fmt 4703    Sfmt 4703   E:\FR\FM\27JNN1.SGM   27JNN1


                                                                                  Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices                                             41627

                                                  any comments it received on the                         The Exchange will not implement any                    implementation date will be within 180
                                                  proposed rule change. The text of these                 solicited order marking requirement                    days of the effective date of this filing.
                                                  statements may be examined at the                       changes pursuant to amended Rule
                                                                                                                                                                 2. Statutory Basis
                                                  places specified in Item IV below. The                  6.9(f) until the enhancements to FBW2,
                                                  Exchange has prepared summaries, set                    PULSe, PAR, and OMT are complete.                         The Exchange believes the proposed
                                                  forth in sections A, B, and C below, of                    Rule 6.53(g) defines a ‘‘Not Held                   rule change is consistent with the
                                                  the most significant aspects of such                    Order’’ as an order marked ‘‘not held’’,               Securities Exchange Act of 1934 (the
                                                  statements.                                             ‘‘take time’’ or which bears any                       ‘‘Act’’) and the rules and regulations
                                                                                                          qualifying notation giving discretion as               thereunder applicable to the Exchange
                                                  A. Self-Regulatory Organization’s                       to the price or time at which such order               and, in particular, the requirements of
                                                  Statement of the Purpose of, and                        is to be executed.8 On June 25, 2015, the              Section 6(b) of the Act.12 Specifically,
                                                  Statutory Basis for, the Proposed Rule                  Securities and Exchange Commission                     the Exchange believes the proposed rule
                                                  Change                                                  (the ‘‘Commission’’) approved a rule                   change is consistent with the Section
                                                  1. Purpose                                              filing providing that an order entrusted               6(b)(5) 13 requirements that the rules of
                                                                                                          to a Floor Broker is considered a Not                  an exchange be designed to prevent
                                                     The Exchange proposes to update
                                                                                                          Held Order, unless otherwise specified                 fraudulent and manipulative acts and
                                                  order marking requirements applicable
                                                  to solicited orders under Rule 6.9(f) and               by a Floor Broker’s client or the order                practices, to promote just and equitable
                                                  Not Held Orders under Rule 6.53(g).                     was received by the Exchange                           principles of trade, to foster cooperation
                                                     Rule 6.9 governs the procedures and                  electronically and subsequently routed                 and coordination with persons engaged
                                                  priority applicable to the open outcry                  to a Floor Broker or PAR Official                      in regulating, clearing, settling,
                                                  execution of an order solicited (a                      pursuant to the order entry firm’s                     processing information with respect to,
                                                  ‘‘solicited order’’) by a Trading Permit                routing instructions.9                                 and facilitating transactions in
                                                  Holder or TPH organization                                 Although SR–CBOE–2015–047                           securities, to remove impediments to
                                                  representing an order respecting an                     provides that orders entrusted to Floor                and perfect the mechanism of a free and
                                                  option traded on the Exchange (an                       Brokers are by default Not Held Orders,                open market and a national market
                                                  ‘‘original order’’).5 Rule 6.9(f) currently             the Exchange currently requires Not                    system, and, in general, to protect
                                                  provides that orders initiated as a result              Held Orders to be proactively marked as                investors and the public interest.
                                                  of a solicitation must be marked ‘‘SL.’’                Not Held Orders.10 Orders that are not                 Additionally, the Exchange believes the
                                                  The requirement to mark an order ‘‘SL’’                 proactively marked as Not Held Orders                  proposed rule change is consistent with
                                                  was implemented when paper order                        are treated as ‘‘held’’ for regulatory                 the Section 6(b)(5) 14 requirement that
                                                  tickets were utilized on the floor of the               purposes. However, the Exchange is in                  the rules of an exchange not be designed
                                                  Exchange, and the marking requirement                   the process of updating PAR and OMT                    to permit unfair discrimination between
                                                  has not been updated since paper order                  to instead allow certain orders that are               customers, issuers, brokers, or dealers.
                                                  tickets stopped being used. Thus, the                   not proactively marked as ‘‘held’’ to be                  In particular, the proposed
                                                  Exchange is proposing to update Rule                    considered Not Held Orders, which                      amendment to Rule 6.9(f) would
                                                  6.9(f) by proposing that all orders                     reflects the fact that orders entrusted to             promote just and equitable principles of
                                                  initiated as a result of a solicitation                 Floor Brokers are by default Not Held                  trading by enhancing the Exchange’s
                                                  must be marked in a manner and form                     Orders. Although it’s reasonably                       audit trail. An enhanced audit trail will
                                                  prescribed by the Exchange and                          implied from current Rule 6.53(g) that                 help the Exchange to regulate these
                                                  announced via Regulatory Circular.6                     an order that is ‘‘held’’ would need to                kinds of orders more thoroughly, which
                                                     The Exchange, through a third-party                  be marked in a manner to differentiate                 should serve to promote just and
                                                  vendor, is in the process of updating the               them from Not Held Orders, the                         equitable trading of solicited orders on
                                                  Exchange provided Floor Broker                          Exchange proposes to amend Rule                        the Exchange. The Exchange also
                                                  Workstation (‘‘FBW2’’) 7 and has                        6.53(g) to explicitly provide that Not                 believes the proposed rule change is
                                                  updated Exchange provided PULSe to                      Held Orders and/or ‘‘held’’ orders must                consistent with Section 6(b)(1) of the
                                                  enable TPHs to mark solicited orders                    be marked in a manner and form                         Act,15 which provides that the Exchange
                                                  upon systematization. Additionally, the                 prescribed by the Exchange and                         be organized and have the capacity to be
                                                  Exchange is in the process of updating                  announced via Regulatory Circular. The                 able to carry out the purposes of the Act
                                                  the Public Automatic Routing System                     Exchange will not modify the current                   and to enforce compliance by the
                                                  (‘‘PAR’’) and the Order Management                      Not Held marking requirements 11                       Exchange’s TPHs and persons
                                                  Terminal (‘‘OMT’’) to allow orders that                 pursuant to amended Rule 6.53(g) until                 associated with its TPHs with the Act,
                                                  are identified as solicited orders to be                the enhancements to PAR and OMT are                    the rules and regulations thereunder,
                                                  captured in the electronic audit trail.                 complete.                                              and the rules of the Exchange. With an
                                                                                                             The Exchange will announce the                      enhanced audit trail of solicited orders,
                                                     5 Rule 6.9 specifically sets forth rules governing   implementation date of this rule filing                the Exchange believes it will be able to
                                                  the priority of a solicited order when the terms of     via Regulatory Circular at least 30 days               more comprehensively monitor the
                                                  the original order were either disclosed to the         prior to the implementation date. The
                                                  trading crowd prior to the solicitation (Rule                                                                  trading of solicited orders on the
                                                  6.9(a)(b) and (c)) or disclosed to the trading crowd                                                           Exchange.
                                                                                                             8 A ‘‘Not Held’’ order generally is one where the
                                                  after the solicitation (Rule 6.9(d)); prohibiting                                                                 The proposed addition to Rule 6.53(g)
                                                  trading based on knowledge of an imminent               customer gives the Floor Broker discretion in
                                                                                                          executing the order, both with respect to the time     removes impediments to and perfects
                                                  undisclosed solicited transactions (Rule 6.9(e)); and
                                                  requiring solicited orders be marked as such (Rule      of execution and the price (though the customer        the mechanism of a free and open
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                                                  6.9(f)).                                                may specify a limit price), and the Floor Broker       market and a national market system,
                                                     6 The Exchange proposes to remove the                works the order over a period of time to avoid         and, in general, protects investors and
                                                  requirement that if the solicited person is on the      market impact while seeking best execution of the
                                                                                                          order.                                                 the public interest by eliminating any
                                                  trading floor and elects to participate by order, the
                                                                                                             9 See Securities Exchange Act Release No. 75299
                                                  solicited person must retain a copy of the solicited
                                                                                                                                                                  12 15    U.S.C. 78f(b).
                                                  order on the trading floor so long as the order is      (June 25, 2015), 80 FR 37700 (July 1, 2015) (SR–
                                                  active. The requirement is no longer relevant as        CBOE–2015–047) (Approval Order).                        13 15    U.S.C. 78f(b)(5).
                                                  orders are captured in the electronic audit trail.         10 See Regulatory Circular RG15–136.                 14 Id.
                                                     7 See RG16–052.                                         11 Id.                                               15 15    U.S.C. 78f(b)(1).



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                                                  41628                            Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices

                                                  potential confusion as to whether TPHs                    IV. Solicitation of Comments                             For the Commission, by the Division of
                                                  must proactively mark certain orders as                                                                          Trading and Markets, pursuant to delegated
                                                  ‘‘held’’ instead of proactively marking                     Interested persons are invited to                    authority.18
                                                  certain orders as Not Held Orders,                        submit written data, views, and                        Robert W. Errett,
                                                  which reflects the fact that orders                       arguments concerning the foregoing,                    Deputy Secretary.
                                                  entrusted to Floor Brokers are by default                 including whether the proposed rule                    [FR Doc. 2016–15074 Filed 6–24–16; 8:45 am]
                                                  Not Held Orders.                                          change is consistent with the Act.                     BILLING CODE 8011–01–P
                                                                                                            Comments may be submitted by any of
                                                  B. Self-Regulatory Organization’s
                                                                                                            the following methods:
                                                  Statement on Burden on Competition                                                                               SECURITIES AND EXCHANGE
                                                    CBOE does not believe that the                          Electronic Comments                                    COMMISSION
                                                  proposed rule change will impose any                        • Use the Commission’s Internet                      [Release Nos. 33–10102; 34–78127; File No.
                                                  burden on competition that is not                         comment form (http://www.sec.gov/                      265–28]
                                                  necessary or appropriate in furtherance                   rules/sro.shtml); or
                                                  of the purposes of the Act. In particular,                                                                       Investor Advisory Committee Meeting
                                                  the proposed rule change will not                           • Send an email to rule-
                                                  impose any burden on any intramarket                      comments@sec.gov. Please include File                  AGENCY:  Securities and Exchange
                                                  competition as it will be applied to                      Number SR–CBOE–2016–050 on the                         Commission.
                                                  similarly situated groups trading on the                  subject line.                                          ACTION: Notice of meeting of Securities
                                                  Exchange equally. The Exchange does                                                                              and Exchange Commission Dodd-Frank
                                                                                                            Paper Comments                                         Investor Advisory Committee.
                                                  not believe the proposed rule change
                                                  will impose any burden on intermarket                       • Send paper comments in triplicate                  SUMMARY:   The Securities and Exchange
                                                  competition as the proposed changes                       to Secretary, Securities and Exchange                  Commission Investor Advisory
                                                  merely amends existing TPH obligations                    Commission, 100 F Street NE.,                          Committee, established pursuant to
                                                  related to the marking of solicited                       Washington, DC 20549–1090.                             Section 911 of the Dodd-Frank Wall
                                                  orders, ‘‘held’’ orders, and Not Held                                                                            Street Reform and Consumer Protection
                                                  Orders.                                                   All submissions should refer to File
                                                                                                            Number SR–CBOE–2016–050. This file                     Act of 2010, is providing notice that it
                                                  C. Self-Regulatory Organization’s                         number should be included on the                       will hold a public meeting. The public
                                                  Statement on Comments on the                                                                                     is invited to submit written statements
                                                                                                            subject line if email is used. To help the
                                                  Proposed Rule Change Received From                                                                               to the Committee.
                                                                                                            Commission process and review your
                                                  Members, Participants, or Others                                                                                 DATES: The meeting will be held on
                                                                                                            comments more efficiently, please use
                                                                                                                                                                   Thursday, July 14, 2016 from 9:00 a.m.
                                                    The Exchange neither solicited nor                      only one method. The Commission will
                                                                                                                                                                   until 3:30 p.m. (ET). Written statements
                                                  received comments on the proposed                         post all comments on the Commission’s
                                                                                                                                                                   should be received on or before July 14,
                                                  rule change.                                              Internet Web site (http://www.sec.gov/                 2016.
                                                  III. Date of Effectiveness of the                         rules/sro.shtml). Copies of the
                                                                                                                                                                   ADDRESSES: The meeting will be held in
                                                  Proposed Rule Change and Timing for                       submission, all subsequent
                                                                                                                                                                   Multi-Purpose Room LL–006 at the
                                                  Commission Action                                         amendments, all written statements                     Commission’s headquarters, 100 F
                                                                                                            with respect to the proposed rule                      Street NE., Washington, DC 20549. The
                                                     Because the foregoing proposed rule                    change that are filed with the
                                                  change does not:                                                                                                 meeting will be webcast on the
                                                                                                            Commission, and all written                            Commission’s Web site at www.sec.gov.
                                                     A. Significantly affect the protection                 communications relating to the
                                                  of investors or the public interest;                                                                             Written statements may be submitted by
                                                                                                            proposed rule change between the                       any of the following methods:
                                                     B. impose any significant burden on                    Commission and any person, other than
                                                  competition; and                                          those that may be withheld from the                    Electronic Statements
                                                     C. become operative for 30 days from                   public in accordance with the                            D Use the Commission’s Internet
                                                  the date on which it was filed, or such                   provisions of 5 U.S.C. 552, will be                    submission form (http://www.sec.gov/
                                                  shorter time as the Commission may                        available for Web site viewing and                     rules/other.shtml); or
                                                  designate, it has become effective                        printing in the Commission’s Public                      D Send an email message to rules-
                                                  pursuant to Section 19(b)(3)(A) of the                                                                           comments@sec.gov. Please include File
                                                                                                            Reference Room, 100 F Street NE.,
                                                  Act 16 and Rule 19b–4(f)(6) 17                                                                                   No. 265–28 on the subject line; or
                                                                                                            Washington, DC 20549 on official
                                                  thereunder. At any time within 60 days
                                                                                                            business days between the hours of                     Paper Statements
                                                  of the filing of the proposed rule change,
                                                  the Commission summarily may                              10:00 a.m. and 3:00 p.m. Copies of the                   D Send paper statements to Brent J.
                                                  temporarily suspend such rule change if                   filing also will be available for                      Fields, Secretary, Securities and
                                                  it appears to the Commission that such                    inspection and copying at the principal                Exchange Commission, 100 F Street NE.,
                                                  action is necessary or appropriate in the                 office of the Exchange. All comments                   Washington, DC 20549–1090.
                                                  public interest, for the protection of                    received will be posted without change;                All submissions should refer to File No.
                                                  investors, or otherwise in furtherance of                 the Commission does not edit personal                  265–28. This file number should be
                                                  the purposes of the Act. If the                           identifying information from                           included on the subject line if email is
                                                  Commission takes such action, the                         submissions. You should submit only
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                                                                                                                                                                   used. To help us process and review
                                                  Commission will institute proceedings                     information that you wish to make                      your statement more efficiently, please
                                                  to determine whether the proposed rule                    available publicly. All submissions                    use only one method.
                                                  change should be approved or                              should refer to File Number SR–CBOE–                     Statements also will be available for
                                                  disapproved.                                              2016–050 and should be submitted on                    Web site viewing and printing in the
                                                                                                            or before July 18, 2016.                               Commission’s Public Reference Room,
                                                    16 15   U.S.C. 78s(b)(3)(A).
                                                    17 17   CFR 240.19b–4(f)(6).                                                                                     18 17   CFR 200.30–3(a)(12).



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Document Created: 2016-06-25 02:06:41
Document Modified: 2016-06-25 02:06:41
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 41626 

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