81_FR_7881 81 FR 7851 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 21.16, Risk Monitor Mechanism, Relating to the BATS Equity Options Trading Platform

81 FR 7851 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 21.16, Risk Monitor Mechanism, Relating to the BATS Equity Options Trading Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 30 (February 16, 2016)

Page Range7851-7853
FR Document2016-02983

Federal Register, Volume 81 Issue 30 (Tuesday, February 16, 2016)
[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Notices]
[Pages 7851-7853]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02983]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77090; File No. SR-BATS-2016-06]


Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Rule 21.16, Risk Monitor Mechanism, Relating to the BATS Equity Options 
Trading Platform

February 9, 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 January 27, 2016, BATS Exchange, Inc. (the ``Exchange'' or 
``BATS'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The Exchange 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with 
the Commission. 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).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 21.16, entitled ``Risk 
Monitor Mechanism'', in order to modify the risk monitoring 
functionality offered to all Users \5\ of the BATS equity options 
trading platform (``BZX Options'').
---------------------------------------------------------------------------

    \5\ As defined in Exchange Rule 16.1(a)(63), a User is any 
Exchange member or sponsored participant authorized to obtain access 
to the Exchange.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.com, at the principal office of the 
Exchange, 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 parts of such 
statements.

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

1. Purpose
    The purpose of the proposed rule change is to amend Exchange Rule 
21.16 to modify the method by which the BZX Options Risk Monitor 
Mechanism measures risk and to modify the ability of a User to reset 
the Risk Monitor Mechanism when risk has been triggered in the Firm 
Category, as described below.
Background
    Currently, the Exchange's Risk Monitor Mechanism operates by 
maintaining a counting program for each User. A User may configure a 
single counting program or multiple counting programs to govern its 
trading activity (i.e., on a port by port basis). The System engages 
the Risk Monitor Mechanism in a particular option when the counting 
program has determined that a User's trading has reached one of several 
specified triggers (``Specified Engagement Trigger'') established by 
such User during a specified time period or on an absolute basis.
Elimination of Option Categories
    The current counting program counts executions in the following 
``Option Categories'': front-month puts, front-month calls, back-month 
puts, and back-month calls (each an ``Option Category'').\6\ The 
counting program also counts a User's executions, contract volume and 
notional value across all options which a User trades (``Firm 
Category''). The Exchange proposes to eliminate the concept of the 
Option Category, such that the counting program will instead operate 
per option across all Option Categories (i.e., all front-month puts, 
front-month calls, back-month puts, and back-month calls). The Exchange 
does not propose to amend the Firm Category of the Risk Monitor 
Mechanism.
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    \6\ For the purposes of Rule 21.16, a front-month put or call is 
an option that expires within the next two calendar months, 
including weeklies and other non-standard expirations, and a back-
month put or call is an option that expires in any month more than 
two calendar months away from the current month.
---------------------------------------------------------------------------

    The Exchange believes that the change will result in a Risk Monitor 
Mechanism that is more consistent with that offered by other options 
exchanges. Although the Exchange implemented its Risk Monitor Mechanism 
with the concept of Option Categories for technical reasons, the 
Exchange is not aware of any other options exchange that uses the 
concept of Option Categories in the context of its risk mechanism.
Calculation of Percentage-Based Engagement Trigger
    The Exchange currently offers a Specified Engagement Trigger to the 
Risk Monitor Mechanism based on percentage under Exchange Rule 
21.16(b)(ii) (the ``percentage trigger''). The percentage trigger is 
triggered whenever a trade counter has calculated that the User has 
traded a set percentage within a set time period against the User's 
orders in a specified class. The set percentage is specified by the 
User (the ``Specified Percentage'') and is proposed to be calculated as 
follows (and as shown in the examples below): (1) A counting program 
would first calculate, for each series of an option class, the 
percentage of each User's orders or Market Maker's quotes that are 
executed on each side of the market, including both displayed and non-
displayed size; and (2) the counting program would then sum the overall 
series percentages for the entire option

[[Page 7852]]

class to calculate the percentage trigger. The Exchange proposes to 
specify this methodology in Rule 21.16. As proposed, the Exchange would 
no longer aggregate all bids and offers in each series for purposes of 
counting the percentage trigger, as it currently does, but would 
instead count bids and offers in each series separately.
    For example, assume a User enters 100 contract orders at both the 
National Best Bid (``NBB'') and National Best Offer (``NBO'') in two 
series of a class, its Specified Percentage is 100%, and the four 
executions in the example below occur within the time period specified 
by the User. The counting program would calculate the percentage of 
quote risk mechanism as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                             Aggregate
                                                                             Number of                       Number of     Percentage of   percentage of
                      Event/series                           Bid size        contracts      Offer size       contracts       quote of          quote
                                                                            executed--                      executed--       execution       following
                                                                               bids                           offers                         execution
--------------------------------------------------------------------------------------------------------------------------------------------------------
Quotes Entered: Series 1................................             100               0             100               0               0               0
Quotes Entered: Series 2................................             100               0             100               0               0               0
Sell order for 40 contracts: Series 1...................             100              40             100               0              40              40
Buy order for 50 contracts: Series 1....................              60               0             100              50              50              90
Sell order for 5 contracts: Series 2....................             100               5             100               0               5              95
Buy order for 10 contracts: Series 2....................              95               0             100              10              10             105
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In this example, the aggregate percentages of the User's quotes on 
each side in all series during the time period is 105%,\7\ thus 
exceeding the specified percentage of 100%, at which point the 
percentage trigger would be triggered and the User's remaining orders 
in the appointed class would be cancelled.
---------------------------------------------------------------------------

    \7\ As set forth in the table and consistent with the 
methodology as proposed to be defined in Rule 21.16, the percentage 
trigger is calculated by individually calculating the percentage of 
each execution in each series on each of the bid and the offer and 
then summing each of these percentages together. The percentage, 
thus, does not calculate the actual percentage as a whole in the 
options class over the time period--in the example, 105 contracts 
out of 400 contracts were executed over the time period yet this 
does not result in a percentage calculation of 26.25%. Instead, 40% 
of the quoted bid in Series 1 is executed, then 50% of the quoted 
offer in Series 1 is executed, then 5% of the quoted bid in Series 2 
is executed, and finally 10% of the quoted offer in Series 2 is 
executed. By summing these percentages, the percentage trigger 
equals 105%. As set forth elsewhere in the proposal, the Exchange 
believes that this counting methodology is similar to that offered 
by other options exchanges.
---------------------------------------------------------------------------

Re-Setting of Risk Monitor Mechanism
    Under current Rule 21.16, when a Specified Engagement Trigger is 
reached in the Firm Category, the Risk Monitor Mechanism will 
automatically remove such User's orders in all series of all options 
and reject any additional orders from a User until the counting program 
has been reset in accordance with paragraph (d) of the rule. The Risk 
Monitor Mechanism will also attempt to cancel any orders that have been 
routed away to other options exchanges on behalf of the User. The 
Exchange proposes to further amend Rule 21.16 so that unless otherwise 
instructed by a User, in the event a Specified Engagement Trigger is 
reached in the Firm Category, the Exchange will not allow a User to 
automatically reset the counting program and Users will instead need to 
contact the Exchange to request a reset. Because reaching a Specified 
Engagement Trigger in the Firm Category should be a rare event, the 
Exchange believes that most Users will prefer to pause in the event of 
a trigger, review the circumstances, and then slowly re-enter the 
market. The Exchange is proposing to maintain the ability to 
automatically reset the counting program, however, because that is how 
the Risk Monitor Mechanism operates today and because it is possible 
that a User's risk management program is established in a way where the 
User would take the trigger into account but prefers the ability to 
automatically reset to control their re-entry to the market rather than 
needing to contact the Exchange.
2. Statutory Basis
    The rule change proposed in this submission is consistent with the 
requirements of the Act and the rules and regulations thereunder that 
are applicable to a national securities exchange, and, in particular, 
with the requirements of Section 6(b) of the Act.\8\ Specifically, the 
proposed change is consistent with Section 6(b)(5) of the Act,\9\ 
because it is 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 facilitating 
transactions in securities, and to remove impediments to, and perfect 
the mechanism of, a free and open market and a national market system. 
The Exchange believes that the proposal is appropriate and reasonable 
because it offers additional functionality for Users to manage their 
risk.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Modifying the Risk Monitor Mechanism to eliminate the Option 
Category concept will allow Users to manage their risk in each option 
class in a way that is more consistent with the way they manage risk on 
other option exchanges. As noted above, although the Exchange 
implemented its Risk Monitor Mechanism with the concept of Option 
Categories for technical reasons, the Exchange is not aware of any 
other options exchange that uses the concept of Option Categories in 
the context of its risk mechanism.
    Offering the percentage trigger without aggregation across the bid 
and the offer as part of the Risk Monitor Mechanism will provide Market 
Makers and other Users with greater control and flexibility with 
respect to managing risk and the manner in which they enter orders and 
quotes, which removes impediments to a free and open market and 
benefits all Users of BZX Options. The Exchange notes that similar 
functionality is offered by NYSE Arca, Inc. (``NYSE Arca Options'') and 
NYSE Amex Options, Inc. (``NYSE Amex Options'').\10\
---------------------------------------------------------------------------

    \10\ See NYSE Arca Options Rule 6.40(d); see also NYSE Amex 
Options Rule 928NY(d).
---------------------------------------------------------------------------

    Finally, creating a default that prevents the automatic reset of 
the counting program in the event a Specified Engagement Trigger is 
reached in the Firm Category will provide additional controls to Users 
that are trying to manage their risk. At the same time, allowing Users 
to maintain the ability to automatically reset the counting program 
will maintain the status quo with respect to the current Risk Monitor 
Mechanism and will allow Users to tailor their risk management programs 
as appropriate to their operations. The Exchange believes that this 
change is a modest extension of the current rule, that it is consistent 
with the overall purpose of the rule (i.e., to mitigate risk), and that 
it does not raise any policy issues particularly because a

[[Page 7853]]

User can still optionally use the same functionality offered today by 
informing the Exchange that it still wishes to utilize the feature to 
automatically reset the counting program even if a Specified Engagement 
Trigger has been reached in the Firm Category.

(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 not necessary or appropriate in 
furtherance of the purposes of the act. To the contrary, the proposed 
changes to the Exchange's Risk Monitor Mechanism will generally make 
the Exchange's offering more consistent with that offered by other 
exchanges. Thus, the proposed rule change will promote competition 
because it will allow the Exchange to offer its Users similar features 
as are available at other exchanges and thus further compete with other 
exchanges for order flow.

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

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any written comments from members or other interested parties.

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) by 
its terms, 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 \11\ and 
paragraph (f)(6) of Rule 19b-4 thereunder,\12\ the Exchange has 
designated this rule filing as non-controversial. The Exchange has 
given the Commission written notice of its intent to file the proposed 
rule change, along with a brief description and text of the proposed 
rule change at least five business days prior to the date of filing of 
the proposed rule change, or such shorter time as designated by the 
Commission.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative prior to 30 days after the date of filing. Rule 
19b-4(f)(6)(iii), however, permits the Commission to designate a 
shorter time if such action is consistent with the protection of 
investors and the public interest. The Exchange has asked the 
Commission to waive the noted operative delay so that the Exchange may 
implement the proposal on or about February 8, 2016, when the Exchange 
anticipates that the features will be available. The Exchange has 
stated that such a waiver would, without undue delay, provide its Users 
with a risk mechanism that is more similar to that offered by other 
options exchanges and that may assist its Users in providing liquidity 
on the Exchange consistent with their risk profile. The Commission 
believes that waiving the thirty day delay is consistent with the 
protection of investors and the public interest. Therefore, the 
Commission hereby waives the thirty-day operative delay.\13\
---------------------------------------------------------------------------

    \13\ For purposes of waiving the 30-day operative delay, the 
Commission has considered the proposed rule's impact on efficiency, 
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (1) 
necessary or appropriate in the public interest; (2) for the protection 
of investors; or (3) otherwise in furtherance of the purposes of the 
Act. If the Commission takes such action, the Commission shall 
institute proceedings to determine whether the proposed rule should be 
approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposal 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 No. SR-BATS-2016-06 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 No. SR-BATS-2016-06. 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 will also 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 No. SR-BATS-2016-06 and should be 
submitted on or before March 8, 2016.
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    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
Brent J. Fields,
Secretary.
[FR Doc. 2016-02983 Filed 2-12-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices                                                      7851

                                                  public in accordance with the                           solicit comments on the proposed rule                  Engagement Trigger’’) established by
                                                  provisions of 5 U.S.C. 552, will be                     change from interested persons.                        such User during a specified time
                                                  available for Web site viewing and                                                                             period or on an absolute basis.
                                                                                                          I. Self-Regulatory Organization’s
                                                  printing in the Commission’s Public
                                                                                                          Statement of the Terms of Substance of                 Elimination of Option Categories
                                                  Reference Room, 100 F Street NE.,
                                                                                                          the Proposed Rule Change                                  The current counting program counts
                                                  Washington, DC 20549, on official
                                                  business days between the hours of                         The Exchange filed a proposal to                    executions in the following ‘‘Option
                                                  10:00 a.m. and 3:00 p.m. Copies of such                 amend Rule 21.16, entitled ‘‘Risk                      Categories’’: front-month puts, front-
                                                  filing will also be available for                       Monitor Mechanism’’, in order to                       month calls, back-month puts, and back-
                                                  inspection and copying at the principal                 modify the risk monitoring functionality               month calls (each an ‘‘Option
                                                  office of the Exchange. All comments                    offered to all Users 5 of the BATS equity              Category’’).6 The counting program also
                                                  received will be posted without change;                 options trading platform (‘‘BZX                        counts a User’s executions, contract
                                                  the Commission does not edit personal                   Options’’).                                            volume and notional value across all
                                                  identifying information from                               The text of the proposed rule change                options which a User trades (‘‘Firm
                                                  submissions. You should submit only                     is available at the Exchange’s Web site                Category’’). The Exchange proposes to
                                                  information that you wish to make                       at www.batstrading.com, at the                         eliminate the concept of the Option
                                                  available publicly. All submissions                     principal office of the Exchange, and at               Category, such that the counting
                                                  should refer to File No. SR–EDGX–                       the Commission’s Public Reference                      program will instead operate per option
                                                  2016–02 and should be submitted on or                   Room.                                                  across all Option Categories (i.e., all
                                                  before March 8, 2016.                                                                                          front-month puts, front-month calls,
                                                                                                          II. Self-Regulatory Organization’s
                                                                                                                                                                 back-month puts, and back-month
                                                    For the Commission, by the Division of                Statement of the Purpose of, and
                                                                                                                                                                 calls). The Exchange does not propose
                                                  Trading and Markets, pursuant to delegated              Statutory Basis for, the Proposed Rule
                                                                                                                                                                 to amend the Firm Category of the Risk
                                                  authority.14                                            Change
                                                                                                                                                                 Monitor Mechanism.
                                                  Brent J. Fields,                                           In its filing with the Commission, the                 The Exchange believes that the
                                                  Secretary.                                              Exchange included statements                           change will result in a Risk Monitor
                                                  [FR Doc. 2016–02984 Filed 2–12–16; 8:45 am]             concerning the purpose of and basis for                Mechanism that is more consistent with
                                                  BILLING CODE 8011–01–P                                  the proposed rule change and discussed                 that offered by other options exchanges.
                                                                                                          any comments it received on the                        Although the Exchange implemented its
                                                                                                          proposed rule change. The text of these                Risk Monitor Mechanism with the
                                                  SECURITIES AND EXCHANGE                                 statements may be examined at the                      concept of Option Categories for
                                                  COMMISSION                                              places specified in Item IV below. The                 technical reasons, the Exchange is not
                                                                                                          Exchange has prepared summaries, set                   aware of any other options exchange
                                                  [Release No. 34–77090; File No. SR–BATS–                forth in Sections A, B, and C below, of                that uses the concept of Option
                                                  2016–06]                                                the most significant parts of such                     Categories in the context of its risk
                                                                                                          statements.                                            mechanism.
                                                  Self-Regulatory Organizations; BATS
                                                  Exchange, Inc.; Notice of Filing and                    (A) Self-Regulatory Organization’s                     Calculation of Percentage-Based
                                                  Immediate Effectiveness of a Proposed                   Statement of the Purpose of, and                       Engagement Trigger
                                                  Rule Change To Amend Rule 21.16,                        Statutory Basis for, the Proposed Rule                    The Exchange currently offers a
                                                  Risk Monitor Mechanism, Relating to                     Change                                                 Specified Engagement Trigger to the
                                                  the BATS Equity Options Trading                         1. Purpose                                             Risk Monitor Mechanism based on
                                                  Platform                                                   The purpose of the proposed rule                    percentage under Exchange Rule
                                                                                                          change is to amend Exchange Rule 21.16                 21.16(b)(ii) (the ‘‘percentage trigger’’).
                                                  February 9, 2016.                                                                                              The percentage trigger is triggered
                                                                                                          to modify the method by which the BZX
                                                     Pursuant to Section 19(b)(1) of the                  Options Risk Monitor Mechanism                         whenever a trade counter has calculated
                                                  Securities Exchange Act of 1934 (the                    measures risk and to modify the ability                that the User has traded a set percentage
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  of a User to reset the Risk Monitor                    within a set time period against the
                                                  notice is hereby given that on January                  Mechanism when risk has been                           User’s orders in a specified class. The
                                                  27, 2016, BATS Exchange, Inc. (the                      triggered in the Firm Category, as                     set percentage is specified by the User
                                                  ‘‘Exchange’’ or ‘‘BATS’’) filed with the                described below.                                       (the ‘‘Specified Percentage’’) and is
                                                  Securities and Exchange Commission                                                                             proposed to be calculated as follows
                                                  (‘‘Commission’’) the proposed rule                      Background                                             (and as shown in the examples below):
                                                  change as described in Items I and II                     Currently, the Exchange’s Risk                       (1) A counting program would first
                                                  below, which Items have been prepared                   Monitor Mechanism operates by                          calculate, for each series of an option
                                                  by the Exchange. The Exchange has                       maintaining a counting program for                     class, the percentage of each User’s
                                                  designated this proposal as a ‘‘non-                    each User. A User may configure a                      orders or Market Maker’s quotes that are
                                                  controversial’’ proposed rule change                    single counting program or multiple                    executed on each side of the market,
                                                  pursuant to Section 19(b)(3)(A) of the                  counting programs to govern its trading                including both displayed and non-
                                                  Act 3 and Rule 19b–4(f)(6)(iii)                         activity (i.e., on a port by port basis).              displayed size; and (2) the counting
                                                  thereunder,4 which renders it effective                 The System engages the Risk Monitor                    program would then sum the overall
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  upon filing with the Commission. The                    Mechanism in a particular option when                  series percentages for the entire option
                                                  Commission is publishing this notice to                 the counting program has determined
                                                                                                                                                                   6 For the purposes of Rule 21.16, a front-month
                                                                                                          that a User’s trading has reached one of
                                                                                                                                                                 put or call is an option that expires within the next
                                                    14 17 CFR 200.30–3(a)(12).                            several specified triggers (‘‘Specified                two calendar months, including weeklies and other
                                                    1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                 non-standard expirations, and a back-month put or
                                                    2 17 CFR 240.19b–4.                                      5 As defined in Exchange Rule 16.1(a)(63), a User   call is an option that expires in any month more
                                                    3 15 U.S.C. 78s(b)(3)(A).
                                                                                                          is any Exchange member or sponsored participant        than two calendar months away from the current
                                                    4 17 CFR 240.19b–4(f)(6)(iii).                        authorized to obtain access to the Exchange.           month.



                                             VerDate Sep<11>2014   22:15 Feb 12, 2016   Jkt 238001   PO 00000   Frm 00110   Fmt 4703   Sfmt 4703   E:\FR\FM\16FEN1.SGM   16FEN1


                                                  7852                          Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices

                                                  class to calculate the percentage trigger.                percentage trigger, as it currently does,               its Specified Percentage is 100%, and
                                                  The Exchange proposes to specify this                     but would instead count bids and offers                 the four executions in the example
                                                  methodology in Rule 21.16. As                             in each series separately.                              below occur within the time period
                                                  proposed, the Exchange would no                             For example, assume a User enters                     specified by the User. The counting
                                                  longer aggregate all bids and offers in                   100 contract orders at both the National                program would calculate the percentage
                                                  each series for purposes of counting the                  Best Bid (‘‘NBB’’) and National Best                    of quote risk mechanism as follows:
                                                                                                            Offer (‘‘NBO’’) in two series of a class,

                                                                                                                              Number of                            Number of                            Aggregate
                                                                                                                                                                                      Percentage of
                                                                                                                               contracts                            contracts                          percentage of
                                                                   Event/series                            Bid size                               Offer size                             quote of
                                                                                                                              executed—                            executed—                          quote following
                                                                                                                                                                                        execution
                                                                                                                                 bids                                 offers                             execution

                                                  Quotes Entered: Series 1 ........................                  100                    0               100                 0                 0                 0
                                                  Quotes Entered: Series 2 ........................                  100                    0               100                 0                 0                 0
                                                  Sell order for 40 contracts: Series 1 ........                     100                   40               100                 0                40                40
                                                  Buy order for 50 contracts: Series 1 .......                        60                    0               100                50                50                90
                                                  Sell order for 5 contracts: Series 2 ..........                    100                    5               100                 0                 5                95
                                                  Buy order for 10 contracts: Series 2 .......                        95                    0               100                10                10               105



                                                     In this example, the aggregate                         request a reset. Because reaching a                     manage their risk in each option class in
                                                  percentages of the User’s quotes on each                  Specified Engagement Trigger in the                     a way that is more consistent with the
                                                  side in all series during the time period                 Firm Category should be a rare event,                   way they manage risk on other option
                                                  is 105%,7 thus exceeding the specified                    the Exchange believes that most Users                   exchanges. As noted above, although the
                                                  percentage of 100%, at which point the                    will prefer to pause in the event of a                  Exchange implemented its Risk Monitor
                                                  percentage trigger would be triggered                     trigger, review the circumstances, and                  Mechanism with the concept of Option
                                                  and the User’s remaining orders in the                    then slowly re-enter the market. The                    Categories for technical reasons, the
                                                  appointed class would be cancelled.                       Exchange is proposing to maintain the                   Exchange is not aware of any other
                                                                                                            ability to automatically reset the                      options exchange that uses the concept
                                                  Re-Setting of Risk Monitor Mechanism
                                                                                                            counting program, however, because                      of Option Categories in the context of its
                                                     Under current Rule 21.16, when a                       that is how the Risk Monitor                            risk mechanism.
                                                  Specified Engagement Trigger is reached                   Mechanism operates today and because                       Offering the percentage trigger
                                                  in the Firm Category, the Risk Monitor                    it is possible that a User’s risk                       without aggregation across the bid and
                                                  Mechanism will automatically remove                       management program is established in a                  the offer as part of the Risk Monitor
                                                  such User’s orders in all series of all                   way where the User would take the                       Mechanism will provide Market Makers
                                                  options and reject any additional orders                  trigger into account but prefers the                    and other Users with greater control and
                                                  from a User until the counting program                    ability to automatically reset to control               flexibility with respect to managing risk
                                                  has been reset in accordance with                         their re-entry to the market rather than                and the manner in which they enter
                                                  paragraph (d) of the rule. The Risk                       needing to contact the Exchange.                        orders and quotes, which removes
                                                  Monitor Mechanism will also attempt to                                                                            impediments to a free and open market
                                                  cancel any orders that have been routed                   2. Statutory Basis                                      and benefits all Users of BZX Options.
                                                  away to other options exchanges on                           The rule change proposed in this                     The Exchange notes that similar
                                                  behalf of the User. The Exchange                          submission is consistent with the                       functionality is offered by NYSE Arca,
                                                  proposes to further amend Rule 21.16 so                   requirements of the Act and the rules                   Inc. (‘‘NYSE Arca Options’’) and NYSE
                                                  that unless otherwise instructed by a                     and regulations thereunder that are                     Amex Options, Inc. (‘‘NYSE Amex
                                                  User, in the event a Specified                            applicable to a national securities                     Options’’).10
                                                  Engagement Trigger is reached in the                      exchange, and, in particular, with the                     Finally, creating a default that
                                                  Firm Category, the Exchange will not                      requirements of Section 6(b) of the Act.8               prevents the automatic reset of the
                                                  allow a User to automatically reset the                   Specifically, the proposed change is                    counting program in the event a
                                                  counting program and Users will                           consistent with Section 6(b)(5) of the                  Specified Engagement Trigger is reached
                                                  instead need to contact the Exchange to                   Act,9 because it is designed to prevent                 in the Firm Category will provide
                                                                                                            fraudulent and manipulative acts and                    additional controls to Users that are
                                                     7 As set forth in the table and consistent with the
                                                                                                            practices, to promote just and equitable                trying to manage their risk. At the same
                                                  methodology as proposed to be defined in Rule
                                                  21.16, the percentage trigger is calculated by
                                                                                                            principles of trade, to foster cooperation              time, allowing Users to maintain the
                                                  individually calculating the percentage of each           and coordination with persons engaged                   ability to automatically reset the
                                                  execution in each series on each of the bid and the       in facilitating transactions in securities,             counting program will maintain the
                                                  offer and then summing each of these percentages          and to remove impediments to, and                       status quo with respect to the current
                                                  together. The percentage, thus, does not calculate
                                                  the actual percentage as a whole in the options class
                                                                                                            perfect the mechanism of, a free and                    Risk Monitor Mechanism and will allow
                                                  over the time period—in the example, 105 contracts        open market and a national market                       Users to tailor their risk management
                                                  out of 400 contracts were executed over the time          system. The Exchange believes that the                  programs as appropriate to their
                                                  period yet this does not result in a percentage           proposal is appropriate and reasonable                  operations. The Exchange believes that
                                                  calculation of 26.25%. Instead, 40% of the quoted
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                                                  bid in Series 1 is executed, then 50% of the quoted
                                                                                                            because it offers additional functionality              this change is a modest extension of the
                                                  offer in Series 1 is executed, then 5% of the quoted      for Users to manage their risk.                         current rule, that it is consistent with
                                                  bid in Series 2 is executed, and finally 10% of the          Modifying the Risk Monitor                           the overall purpose of the rule (i.e., to
                                                  quoted offer in Series 2 is executed. By summing          Mechanism to eliminate the Option                       mitigate risk), and that it does not raise
                                                  these percentages, the percentage trigger equals
                                                  105%. As set forth elsewhere in the proposal, the
                                                                                                            Category concept will allow Users to                    any policy issues particularly because a
                                                  Exchange believes that this counting methodology
                                                                                                              8 15   U.S.C. 78f(b).                                  10 See NYSE Arca Options Rule 6.40(d); see also
                                                  is similar to that offered by other options
                                                  exchanges.                                                  9 15   U.S.C. 78f(b)(5).                              NYSE Amex Options Rule 928NY(d).



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                                                                                 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices                                                 7853

                                                  User can still optionally use the same                  the date of filing. Rule 19b–4(f)(6)(iii),              Commission process and review your
                                                  functionality offered today by informing                however, permits the Commission to                      comments more efficiently, please use
                                                  the Exchange that it still wishes to                    designate a shorter time if such action                 only one method. The Commission will
                                                  utilize the feature to automatically reset              is consistent with the protection of                    post all comments on the Commission’s
                                                  the counting program even if a Specified                investors and the public interest. The                  Internet Web site (http://www.sec.gov/
                                                  Engagement Trigger has been reached in                  Exchange has asked the Commission to                    rules/sro.shtml). Copies of the
                                                  the Firm Category.                                      waive the noted operative delay so that                 submission, all subsequent
                                                                                                          the Exchange may implement the                          amendments, all written statements
                                                  (B) Self-Regulatory Organization’s                                                                              with respect to the proposed rule
                                                                                                          proposal on or about February 8, 2016,
                                                  Statement on Burden on Competition                                                                              change that are filed with the
                                                                                                          when the Exchange anticipates that the
                                                    The Exchange does not believe that                    features will be available. The Exchange                Commission, and all written
                                                  the proposed rule change will impose                    has stated that such a waiver would,                    communications relating to the
                                                  any burden on competition not                           without undue delay, provide its Users                  proposed rule change between the
                                                  necessary or appropriate in furtherance                 with a risk mechanism that is more                      Commission and any person, other than
                                                  of the purposes of the act. To the                      similar to that offered by other options                those that may be withheld from the
                                                  contrary, the proposed changes to the                   exchanges and that may assist its Users                 public in accordance with the
                                                  Exchange’s Risk Monitor Mechanism                       in providing liquidity on the Exchange                  provisions of 5 U.S.C. 552, will be
                                                  will generally make the Exchange’s                      consistent with their risk profile. The                 available for Web site viewing and
                                                  offering more consistent with that                      Commission believes that waiving the                    printing in the Commission’s Public
                                                  offered by other exchanges. Thus, the                   thirty day delay is consistent with the                 Reference Room, 100 F Street NE.,
                                                  proposed rule change will promote                       protection of investors and the public                  Washington, DC 20549, on official
                                                  competition because it will allow the                   interest. Therefore, the Commission                     business days between the hours of
                                                  Exchange to offer its Users similar                     hereby waives the thirty-day operative                  10:00 a.m. and 3:00 p.m. Copies of such
                                                  features as are available at other                      delay.13                                                filing will also be available for
                                                  exchanges and thus further compete                         At any time within 60 days of the                    inspection and copying at the principal
                                                  with other exchanges for order flow.                    filing of the proposed rule change, the                 office of the Exchange. All comments
                                                                                                          Commission summarily may                                received will be posted without change;
                                                  (C) Self-Regulatory Organization’s                                                                              the Commission does not edit personal
                                                  Statement on Comments on the                            temporarily suspend such rule change if
                                                                                                          it appears to the Commission that such                  identifying information from
                                                  Proposed Rule Change Received From                                                                              submissions. You should submit only
                                                  Members, Participants or Others                         action is: (1) necessary or appropriate in
                                                                                                          the public interest; (2) for the protection             information that you wish to make
                                                    The Exchange has not solicited, and                   of investors; or (3) otherwise in                       available publicly. All submissions
                                                  does not intend to solicit, comments on                 furtherance of the purposes of the Act.                 should refer to File No. SR–BATS–
                                                  this proposed rule change. The                          If the Commission takes such action, the                2016–06 and should be submitted on or
                                                  Exchange has not received any written                   Commission shall institute proceedings                  before March 8, 2016.
                                                  comments from members or other                          to determine whether the proposed rule                    For the Commission, by the Division of
                                                  interested parties.                                     should be approved or disapproved.                      Trading and Markets, pursuant to delegated
                                                                                                                                                                  authority.14
                                                  III. Date of Effectiveness of the                       IV. Solicitation of Comments
                                                  Proposed Rule Change and Timing for                                                                             Brent J. Fields,
                                                  Commission Action                                         Interested persons are invited to                     Secretary.
                                                                                                          submit written data, views and                          [FR Doc. 2016–02983 Filed 2–12–16; 8:45 am]
                                                     Because the foregoing proposed rule
                                                                                                          arguments concerning the foregoing,                     BILLING CODE 8011–01–P
                                                  change does not: (A) significantly affect
                                                                                                          including whether the proposal is
                                                  the protection of investors or the public
                                                                                                          consistent with the Act. Comments may
                                                  interest; (B) impose any significant                                                                            SECURITIES AND EXCHANGE
                                                                                                          be submitted by any of the following
                                                  burden on competition; and (C) by its                                                                           COMMISSION
                                                                                                          methods:
                                                  terms, become operative for 30 days
                                                  from the date on which it was filed or                  Electronic Comments                                     [Release No. 34–77095; File No. SR–BOX–
                                                  such shorter time as the Commission                                                                             2016–04]
                                                                                                            • Use the Commission’s Internet
                                                  may designate it has become effective                   comment form (http://www.sec.gov/                       Self-Regulatory Organizations; BOX
                                                  pursuant to Section 19(b)(3)(A) of the                  rules/sro.shtml); or                                    Options Exchange LLC; Notice of
                                                  Act 11 and paragraph (f)(6) of Rule 19b–                  • Send an email to rule-comments@                     Filing and Immediate Effectiveness of
                                                  4 thereunder,12 the Exchange has                        sec.gov. Please include File No. SR–                    a Proposed Rule Change To Amend
                                                  designated this rule filing as non-                     BATS–2016–06 on the subject line.                       Rule 7070 (Opening the Market) To
                                                  controversial. The Exchange has given
                                                                                                          Paper Comments                                          Implement a New Price Protection
                                                  the Commission written notice of its
                                                                                                                                                                  Feature for the Opening
                                                  intent to file the proposed rule change,                   • Send paper comments in triplicate
                                                  along with a brief description and text                 to Secretary, Securities and Exchange                   February 9, 2016.
                                                  of the proposed rule change at least five               Commission, 100 F Street NE.,                              Pursuant to Section 19(b)(1) of the
                                                  business days prior to the date of filing               Washington, DC 20549–1090.                              Securities Exchange Act of 1934
                                                  of the proposed rule change, or such                                                                            (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                          All submissions should refer to File No.
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                                                  shorter time as designated by the                                                                               notice is hereby given that on January
                                                                                                          SR–BATS–2016–06. This file number
                                                  Commission.                                                                                                     27, 2016, BOX Options Exchange LLC
                                                     A proposed rule change filed under                   should be included on the subject line
                                                                                                          if email is used. To help the                           (the ‘‘Exchange’’) filed with the
                                                  Rule 19b–4(f)(6) normally does not                                                                              Securities and Exchange Commission
                                                  become operative prior to 30 days after                   13 For purposes of waiving the 30-day operative
                                                                                                                                                                    14 17 CFR 200.30–3(a)(12).
                                                                                                          delay, the Commission has considered the proposed
                                                    11 15 U.S.C. 78s(b)(3)(A).                                                                                      1 15 U.S.C. 78s(b)(1).
                                                                                                          rule’s impact on efficiency, competition, and capital
                                                    12 17 CFR 240.19b–4.                                  formation. See 15 U.S.C. 78c(f).                          2 17 CFR 240.19b–4.




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Document Created: 2016-02-13 03:13:24
Document Modified: 2016-02-13 03:13:24
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 7851 

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