82 FR 25030 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Market-Maker Reports of Executed Orders
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 103 (May 31, 2017)
Federal Register Volume 82, Issue 103 (May 31, 2017)
| Page Range | 25030-25031 | |
| FR Document | 2017-11149 |
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)] [Notices] [Pages 25030-25031] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11149] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-80760; File No. SR-CBOE-2017-042] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Market-Maker Reports of Executed Orders May 24, 2017. 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 May 15, 2017, 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 and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to delete and amend outdated rule language contained in Rule 8.9(b) related to Market-Maker reports of executed orders. The text of the proposed rule change is available on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose CBOE Rule 8.9(b) currently provides that: ``In a manner prescribed by the Exchange, with respect to transactions to be cleared into all accounts carried for Market-Makers who are the subject of a clearing firm Letter of Guarantee issued pursuant to [CBOE] Rule 8.5, each clearing firm shall, on the business day following order entry date, report to the Exchange every executed order entered by the Market-Maker for the purchase or sale of (i) a security underlying options traded on the Exchange or (ii) a security convertible into or exchangeable for such underlying security or (iii) a security traded on the Exchange (including, with respect to multiply listed securities, orders sent to another exchange), as well as opening and closing positions in all such securities held in each such account. If the clearing firm does not report any executed order, upon the request of the Exchange the Market-Maker who entered the order will be responsible for reporting the order information.'' The Exchange is deleting this rule and replacing it with a rule substantially similar to that of the International Securities Exchange, LLC [sic] (``ISE''); ISE Gemini, LLC [sic] (``ISE Gemini''); BATS Options Market (``BZX''); BOX Options Exchange, LLC (``BOX''); NASDAQ Options Market (``NOM''); and NASDAQ OMX BX, Inc. (``BX'').\3\ --------------------------------------------------------------------------- \3\ See ISE Rule 807(b); ISE Gemini Rule 807(b); BZX Rule 22.7(b); BOX Rule 8060(b), NOM Rules Chapter 7, Section 7(b); BX Rules Chapter 7, Section 7(b). --------------------------------------------------------------------------- The proposed rule change will result in some specific changes. First of all, Clearing Firms holding accounts for Market-Makers subject to a clearing firm letter of guarantee will no longer be required to submit daily reports of orders entered by those Market-Maker accounts. In addition they will not be required to submit daily position reports. Instead, the proposed rule will provide that orders, entered by Market- Makers for the purchase of (i) a security underlying options traded on the Exchange, or (ii) a security convertible into or exchangeable for such underlying security, as well as opening and closing positions in all such securities shall be provided to the Exchange by Market-Makers upon request in a form prescribed by the Exchange. The obligation to provide order and position reports will be on the individual Market- Makers (as opposed to the clearing firms) and will only be required on an as needed basis. Previously, Market-Makers were responsible for reporting order information, when requested by the Exchange, if the clearing firm did not report on an executed order. The proposed rule is also eliminating any requirement that either a Market-Maker or clearing firm provide order or positon reports for securities traded on the Exchange. The requirement to provide order or position reports for securities traded on the Exchange has been removed completely and this information will not be required even on an as needed basis pursuant to proposed Rule 8.9(b). ``Securities traded on the Exchange'' was a reference to when non-options transactions were traded on the CBOE. The CBOE deleted its rules related to non-options transactions on the Exchange in 2008.\4\ Accordingly, the requirement to provide order or position reports for securities traded on the Exchange is obsolete. --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release No. 58771 (October 10, 2008), 73 FR 62350 (October 20, 2008) (SR-CBOE-2008-101). --------------------------------------------------------------------------- Finally, the proposed rule outlines the form of the order reports to be provided by Market-Makers upon request. The proposed rule will require that the reports pertaining to orders must include the terms of each order, identification of the brokerage firms through which the orders were entered, the times of entry or cancellation, the times reports of execution were received and, if all or part of the order was executed, the quantity and execution price. The Exchange believes current Rule 8.9(b) is outdated and operationally obsolete. The Exchange does not currently use the daily order and position reports from clearing firms. The daily order and position reports from clearing firms are no longer needed to conduct any routine regulatory surveillances or examinations or fulfill any other of the Exchange's regulatory obligations. Any regulatory surveillance or examination that previously used the daily order and position reports can be operated without the information due to the development of effective workarounds. As such, the rule, as currently written, presents an undue burden on clearing firms and Market-Makers. [[Page 25031]] 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.\5\ Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) \6\ 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) \7\ requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers. --------------------------------------------------------------------------- \5\ 15 U.S.C. 78f(b). \6\ 15 U.S.C. 78f(b)(5). \7\ Id. --------------------------------------------------------------------------- In particular, the Exchange believes the proposed rule change removes impediments and perfects the mechanism of a free and open market by deleting obsolete rule requirements related to daily order and position reports provided to the Exchange by clearing firms. The daily order and position reports are no longer needed in the normal course of the Exchange fulfilling its regulatory responsibilities. In the event order or position information related to Market-Maker activity in securities underlying options traded on the exchange is needed, the proposed rule provides that Market-Makers must provide those reports to the Exchange upon request. The proposed rule also perfects the mechanism of a free and open market by listing information that should be contained in the reports that are to be provided upon request of the Exchange. In addition, the proposed rule change is substantially similar to rules of other options exchanges.\8\ --------------------------------------------------------------------------- \8\ See supra note 1 [sic]. --------------------------------------------------------------------------- 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. The proposed rule raises neither intermarket nor intermarket competition issues, as it relates to the submission of reports to the Exchange for regulatory purposes. The proposed rule deletes obsolete rule language. The daily order and position reports from clearing firms are no longer needed to conduct any routine regulatory surveillances or examinations or fulfill any other of the Exchange's regulatory obligations. The proposed rule change removes this undue burden on clearing firms and Market-Makers and replaces it with a requirement substantially similar to that of other options exchanges.\9\ The proposed requirement will apply to equally to all Market-Makers on the Exchange. --------------------------------------------------------------------------- \9\ Id. --------------------------------------------------------------------------- C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange neither solicited nor received comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) 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 \10\ and Rule 19b- 4(f)(6) \11\ 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. --------------------------------------------------------------------------- \10\ 15 U.S.C. 78s(b)(3)(A). \11\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b- 4(f)(6)(iii), the Exchange provided the Commission with written notice of its intent to file the proposed rule change, along with a brief description and the 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. --------------------------------------------------------------------------- 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 CommentsUse 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-2017-042 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-2017-042. 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-2017-042 and should be submitted on or before June 21, 2017. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\12\ --------------------------------------------------------------------------- \12\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017-11149 Filed 5-30-17; 8:45 am] BILLING CODE 8011-01-P
![25030 Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Notices
Dated: May 25, 2017. the most significant aspects of such request in a form prescribed by the
Brent J. Fields, statements. Exchange. The obligation to provide
Secretary. A. Self-Regulatory Organization’s order and position reports will be on the
[FR Doc. 2017–11281 Filed 5–26–17; 11:15 am] Statement of the Purpose of, and individual Market-Makers (as opposed
BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule to the clearing firms) and will only be
Change required on an as needed basis.
Previously, Market-Makers were
SECURITIES AND EXCHANGE 1. Purpose responsible for reporting order
COMMISSION CBOE Rule 8.9(b) currently provides information, when requested by the
that: Exchange, if the clearing firm did not
[Release No. 34–80760; File No. SR–CBOE– ‘‘In a manner prescribed by the report on an executed order.
2017–042] Exchange, with respect to transactions
The proposed rule is also eliminating
to be cleared into all accounts carried
Self-Regulatory Organizations; any requirement that either a Market-
for Market-Makers who are the subject
Chicago Board Options Exchange, of a clearing firm Letter of Guarantee Maker or clearing firm provide order or
Incorporated; Notice of Filing and issued pursuant to [CBOE] Rule 8.5, positon reports for securities traded on
Immediate Effectiveness of a Proposed each clearing firm shall, on the business the Exchange. The requirement to
Rule Change Relating to Market-Maker day following order entry date, report to provide order or position reports for
Reports of Executed Orders the Exchange every executed order securities traded on the Exchange has
entered by the Market-Maker for the been removed completely and this
May 24, 2017.
purchase or sale of (i) a security information will not be required even
Pursuant to Section 19(b)(1) of the
underlying options traded on the on an as needed basis pursuant to
Securities Exchange Act of 1934 (the
Exchange or (ii) a security convertible proposed Rule 8.9(b). ‘‘Securities traded
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on May 15, into or exchangeable for such on the Exchange’’ was a reference to
2017, Chicago Board Options Exchange, underlying security or (iii) a security when non-options transactions were
Incorporated (the ‘‘Exchange’’ or traded on the Exchange (including, with traded on the CBOE. The CBOE deleted
‘‘CBOE’’) filed with the Securities and respect to multiply listed securities, its rules related to non-options
Exchange Commission (the orders sent to another exchange), as well transactions on the Exchange in 2008.4
‘‘Commission’’) the proposed rule as opening and closing positions in all Accordingly, the requirement to provide
change as described in Items I and II such securities held in each such order or position reports for securities
below, which Items have been prepared account. If the clearing firm does not traded on the Exchange is obsolete.
by the Exchange. The Commission is report any executed order, upon the
Finally, the proposed rule outlines the
publishing this notice to solicit request of the Exchange the Market-
form of the order reports to be provided
comments on the proposed rule change Maker who entered the order will be
by Market-Makers upon request. The
from interested persons. responsible for reporting the order
information.’’ proposed rule will require that the
I. Self-Regulatory Organization’s The Exchange is deleting this rule and reports pertaining to orders must
Statement of the Terms of Substance of replacing it with a rule substantially include the terms of each order,
the Proposed Rule Change similar to that of the International identification of the brokerage firms
Securities Exchange, LLC [sic] (‘‘ISE’’); through which the orders were entered,
The Exchange proposes to delete and the times of entry or cancellation, the
amend outdated rule language ISE Gemini, LLC [sic] (‘‘ISE Gemini’’);
BATS Options Market (‘‘BZX’’); BOX times reports of execution were received
contained in Rule 8.9(b) related to
Options Exchange, LLC (‘‘BOX’’); and, if all or part of the order was
Market-Maker reports of executed
NASDAQ Options Market (‘‘NOM’’); executed, the quantity and execution
orders. The text of the proposed rule
and NASDAQ OMX BX, Inc. (‘‘BX’’).3 price.
change is available on the Exchange’s
Web site (http://www.cboe.com/About The proposed rule change will result The Exchange believes current Rule
CBOE/CBOELegalRegulatory in some specific changes. First of all, 8.9(b) is outdated and operationally
Home.aspx), at the Exchange’s Office of Clearing Firms holding accounts for obsolete. The Exchange does not
the Secretary, and at the Commission’s Market-Makers subject to a clearing firm currently use the daily order and
Public Reference Room. letter of guarantee will no longer be position reports from clearing firms. The
required to submit daily reports of daily order and position reports from
II. Self-Regulatory Organization’s orders entered by those Market-Maker clearing firms are no longer needed to
Statement of the Purpose of, and accounts. In addition they will not be conduct any routine regulatory
Statutory Basis for, the Proposed Rule required to submit daily position surveillances or examinations or fulfill
Change reports. Instead, the proposed rule will
any other of the Exchange’s regulatory
In its filing with the Commission, the provide that orders, entered by Market-
obligations. Any regulatory surveillance
Exchange included statements Makers for the purchase of (i) a security
or examination that previously used the
concerning the purpose of and basis for underlying options traded on the
daily order and position reports can be
the proposed rule change and discussed Exchange, or (ii) a security convertible
operated without the information due to
any comments it received on the into or exchangeable for such
underlying security, as well as opening the development of effective
proposed rule change. The text of these workarounds. As such, the rule, as
nlaroche on DSK30NT082PROD with NOTICES
statements may be examined at the and closing positions in all such
securities shall be provided to the currently written, presents an undue
places specified in Item IV below. The burden on clearing firms and Market-
Exchange has prepared summaries, set Exchange by Market-Makers upon
Makers.
forth in sections A, B, and C below, of 3 See ISE Rule 807(b); ISE Gemini Rule 807(b);
BZX Rule 22.7(b); BOX Rule 8060(b), NOM Rules 4 See Securities Exchange Act Release No. 58771
1 15 U.S.C. 78s(b)(1). Chapter 7, Section 7(b); BX Rules Chapter 7, Section (October 10, 2008), 73 FR 62350 (October 20, 2008)
2 17 CFR 240.19b–4. 7(b). (SR–CBOE–2008–101).
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![Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Notices 25031
2. Statutory Basis proposed rule raises neither intermarket Electronic Comments
The Exchange believes the proposed nor intermarket competition issues, as it
relates to the submission of reports to • Use the Commission’s Internet
rule change is consistent with the comment form (http://www.sec.gov/
Securities Exchange Act of 1934 (the the Exchange for regulatory purposes.
The proposed rule deletes obsolete rule rules/sro.shtml); or
‘‘Act’’) and the rules and regulations
thereunder applicable to the Exchange language. The daily order and position • Send an email to rule-comments@
and, in particular, the requirements of reports from clearing firms are no longer sec.gov. Please include File Number SR–
Section 6(b) of the Act.5 Specifically, needed to conduct any routine CBOE–2017–042 on the subject line.
the Exchange believes the proposed rule regulatory surveillances or examinations
or fulfill any other of the Exchange’s Paper Comments
change is consistent with the Section
6(b)(5) 6 requirements that the rules of regulatory obligations. The proposed
• Send paper comments in triplicate
an exchange be designed to prevent rule change removes this undue burden
to Secretary, Securities and Exchange
fraudulent and manipulative acts and on clearing firms and Market-Makers
and replaces it with a requirement Commission, 100 F Street NE.,
practices, to promote just and equitable Washington, DC 20549–1090.
principles of trade, to foster cooperation substantially similar to that of other
and coordination with persons engaged options exchanges.9 The proposed All submissions should refer to File
in regulating, clearing, settling, requirement will apply to equally to all Number SR–CBOE–2017–042. This file
processing information with respect to, Market-Makers on the Exchange. number should be included on the
and facilitating transactions in C. Self-Regulatory Organization’s subject line if email is used. To help the
securities, to remove impediments to Statement on Comments on the Commission process and review your
and perfect the mechanism of a free and Proposed Rule Change Received From comments more efficiently, please use
open market and a national market Members, Participants, or Others only one method. The Commission will
system, and, in general, to protect post all comments on the Commission’s
investors and the public interest. The Exchange neither solicited nor Internet Web site (http://www.sec.gov/
Additionally, the Exchange believes the received comments on the proposed rules/sro.shtml). Copies of the
proposed rule change is consistent with rule change. submission, all subsequent
the Section 6(b)(5) 7 requirement that
III. Date of Effectiveness of the Proposed amendments, all written statements
the rules of an exchange not be designed
to permit unfair discrimination between Rule Change and Timing for with respect to the proposed rule
customers, issuers, brokers, or dealers. Commission Action change that are filed with the
In particular, the Exchange believes Commission, and all written
Because the foregoing proposed rule communications relating to the
the proposed rule change removes
change does not: (i) Significantly affect proposed rule change between the
impediments and perfects the
the protection of investors or the public Commission and any person, other than
mechanism of a free and open market by
interest; (ii) impose any significant those that may be withheld from the
deleting obsolete rule requirements
related to daily order and position burden on competition; and (iii) become public in accordance with the
reports provided to the Exchange by operative for 30 days from the date on
provisions of 5 U.S.C. 552, will be
clearing firms. The daily order and which it was filed, or such shorter time
available for Web site viewing and
position reports are no longer needed in as the Commission may designate, it has
become effective pursuant to Section printing in the Commission’s Public
the normal course of the Exchange Reference Room, 100 F Street NE.,
fulfilling its regulatory responsibilities. 19(b)(3)(A) of the Act 10 and Rule 19b–
4(f)(6) 11 thereunder. At any time within Washington, DC 20549 on official
In the event order or position business days between the hours of
information related to Market-Maker 60 days of the filing of the proposed rule
change, the Commission summarily may 10:00 a.m. and 3:00 p.m. Copies of the
activity in securities underlying options filing also will be available for
traded on the exchange is needed, the temporarily suspend such rule change if
it appears to the Commission that such inspection and copying at the principal
proposed rule provides that Market-
action is necessary or appropriate in the office of the Exchange. All comments
Makers must provide those reports to
the Exchange upon request. The public interest, for the protection of received will be posted without change;
proposed rule also perfects the investors, or otherwise in furtherance of the Commission does not edit personal
mechanism of a free and open market by the purposes of the Act. identifying information from
listing information that should be submissions. You should submit only
IV. Solicitation of Comments
contained in the reports that are to be information that you wish to make
provided upon request of the Exchange. Interested persons are invited to available publicly. All submissions
In addition, the proposed rule change is submit written data, views, and should refer to File Number SR–CBOE–
substantially similar to rules of other arguments concerning the foregoing, 2017–042 and should be submitted on
options exchanges.8 including whether the proposed rule or before June 21, 2017.
change is consistent with the Act. For the Commission, by the Division of
B. Self-Regulatory Organization’s
Comments may be submitted by any of Trading and Markets, pursuant to delegated
Statement on Burden on Competition
the following methods: authority.12
The Exchange does not believe that
the proposed rule change will impose Eduardo A. Aleman,
9 Id.
any burden on competition not Assistant Secretary.
nlaroche on DSK30NT082PROD with NOTICES
10 15 U.S.C. 78s(b)(3)(A).
necessary or appropriate in furtherance 11 17 CFR 240.19b–4(f)(6)(iii). As required under [FR Doc. 2017–11149 Filed 5–30–17; 8:45 am]
of the purposes of the Act. The Rule 19b–4(f)(6)(iii), the Exchange provided the BILLING CODE 8011–01–P
Commission with written notice of its intent to file
5 15
the proposed rule change, along with a brief
U.S.C. 78f(b). description and the text of the proposed rule
6 15 U.S.C. 78f(b)(5). change, at least five business days prior to the date
7 Id.
of filing of the proposed rule change, or such
8 See supra note 1 [sic]. shorter time as designated by the Commission. 12 17 CFR 200.30–3(a)(12).
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Document Created: 2017-05-31 05:59:38
Document Modified: 2017-05-31 05:59:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 82 FR 25030 |
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