82_FR_37801 82 FR 37647 - Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt Rule 6.49, C2 Trade Match System

82 FR 37647 - Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt Rule 6.49, C2 Trade Match System

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 154 (August 11, 2017)

Page Range37647-37649
FR Document2017-16930

Federal Register, Volume 82 Issue 154 (Friday, August 11, 2017)
[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Notices]
[Pages 37647-37649]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16930]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81327; File No. SR-C2-2017-023]


 Self-Regulatory Organizations; C2 Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Adopt Rule 6.49, C2 Trade Match System

August 7, 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 August 4, 2017, C2 Options Exchange, Incorporated (the 
``Exchange'' or ``C2'') 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 Exchange filed the proposal as a ``non-controversial'' 
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 
\3\ and Rule 19b-4(f)(6) thereunder.\4\ The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is proposing to adopt new Rule 6.49 related to its 
existing C2 Trade Match System (``CTM'') functionality.
    The text of the proposed rule change is also available on the 
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange is proposing to adopt new Rule 6.49 related to its 
existing C2 Trade Match System (``CTM'') functionality. CTM is a 
systems user interface provided by the Exchange in which authorized 
Trading Permit Holders (``TPHs'') may receive copies of trade records 
and add and/or update their trade records. Although references to CTM 
exist within Regulatory Circulars, the functionality is not currently 
described in Exchange rules. The Exchange believes it would be 
beneficial to address and provide further detail in its rules regarding 
the CTM functionality and permitted uses.
    Post-trade modifications may be effected via the CTM system. A rule 
explicitly detailing the modification process and defining what 
permitted modifications are allowed does not currently exist in the 
Exchange's rules. The Exchange believes it would be useful to 
explicitly reference within the rule text the term ``CTM'' and codify 
what post trade modifications via CTM are permitted to reduce confusion 
and add additional transparency to the rules regarding C2's systems.
    First, the Exchange proposes to explicitly reference and describe 
``CTM.'' Specifically, CTM is a system in which authorized TPHs may 
enter and report transactions that have been effected on the Exchange 
in accordance with Exchange rules or to correct bona fide errors (e.g., 
a situation in which a transaction was incorrectly reported as an 
opening transaction). Documentation requirements related to changes 
made through the use of CTM will be announced via a Regulatory 
Circular.
    By way of background, C2 Rule 6.38 requires that for all 
transactions made on the Exchange, TPHs must file with the Exchange 
certain trade information \5\ in order to allow the Exchange to 
properly match and clear trades. This information is used to provide 
the comparison of the two sides (i.e., buy and sell) of a transaction. 
When the two sides match, the trade is successfully compared and will 
move on to the Options Clearing Corporation (``OCC'') for clearance. 
For trades that do not match (i.e., trade information from each side do 
not match) TPHs and their respective representatives typically make 
reasonable efforts to resolve unmatched trades on trade day. The 
Exchange notes that CTM may be used

[[Page 37648]]

by TPHs to change certain fields on a trade record for which it has 
authority to correct, in order to update a trade record or correct an 
unmatched field to resolve an out-trade. The Exchange proposes to 
codify what post trade modifications via CTM are permitted and further 
specify which changes will require notification to the Exchange.
---------------------------------------------------------------------------

    \5\ See C2 Rule 6.38.
---------------------------------------------------------------------------

    The Exchange first seeks to specify which fields may be changed by 
TPHs through the use of CTM without notice to the Exchange. Those 
fields are: (1) Executing Firm and Contra Firm; (2) Executing Broker 
and Contra Broker; (3) CMTA; \6\ (4) Market-Maker Account and Sub 
Account; (5) Customer ID; (6) Position Effect (open/close); (7) 
Optional Data; and/or (8) Origin Code (provided the change is not from 
a customer origin code to any other origin code). The Exchange notes 
that the information contained in these fields does not affect the 
terms of a contract or the Consolidated Tape. Rather, the Exchange 
views these changes to be non-critical back office changes and as such, 
the Exchange does not believe it needs notice from the TPH making the 
change. The Exchange also notes that such changes would be captured in 
the Exchange's audit trail.
---------------------------------------------------------------------------

    \6\ Under a Clearing Member Trade Agreement (``CMTA''), an 
Options Clearing Corporation (``OCC'') clearing member (``carrying 
clearing member'') authorizes another clearing member (``executing 
clearing member'') to give up the name of the carrying clearing 
member with respect to any trade executed on a specific exchange 
(i.e., the re-assignment of a trade to a different Clearing firm 
occurs post-trade at the OCC).
---------------------------------------------------------------------------

    Next, the Exchange proposes to specify which fields may be changed 
by TPHs through the use of CTM that require TPHs to give notice to the 
Exchange in a form and manner determined by the Exchange. Specifically, 
those fields are: (1) Series; (2) Quantity; (3) Buy or Sell; (4) 
Premium Price; and/or (5) Origin Code (if changing origin code from 
customer (C) to any other origin code). The Exchange notes that these 
fields, with the exception of origin code, do change the terms of the 
contract and additionally affect the Consolidated Tape. As such, the 
Exchange proposes to require notice and further documentation as to why 
such a change is being made in order to monitor such changes, as well 
as take the necessary steps to ensure that any such changes are 
properly reflected in the Consolidated Tape. As to changes from a 
Customer (C) origin code to any other origin code, the Exchange notes 
that while such change does not affect the Consolidated Tape or terms 
of a contract, such changes may affect other substantive aspects of how 
a trade was processed, including whether a trade should have been given 
order priority. Accordingly, the Exchange believes that TPHs making 
changes to these fields should be required to provide the Exchange 
notice and documentation relating to the change. The Exchange proposes 
to require that notification of the change be made as soon as 
practicable, but, no later than fifteen (15) minutes after the change 
has been made. The Exchange notes that it will not be authorizing any 
changes prior to the TPH making changes to any of the above-mentioned 
fields (i.e., the Exchange will not expressly indicate whether or not a 
change identified in a TPH's notice is in conformity with Exchange 
rules prior to the change being made). Rather, due to inherent time 
constraints, such changes will be reviewed by Exchange personnel after 
the fact, and a TPH that is found to have made an improper modification 
may be subject to appropriate disciplinary action in accordance with 
the Rules of the Exchange as described more fully below.
    The Exchange lastly proposes to adopt Interpretation and Policy .01 
to provide that any action taken by the Exchange pursuant to proposed 
Rule 6.49(b) and (c) does not constitute a determination by the 
Exchange that the transaction was effected in conformity with Exchange 
Rules.\7\ As noted above, any improper change made through CTM shall be 
processed and given effect, but the TPH may be subject to appropriate 
disciplinary action in accordance with Exchange rules. Additionally, 
the Exchange notes that nothing in proposed Rule 6.49 is intended to 
define or limit the ability of the Exchange to sanction or take other 
remedial action pursuant to other Exchange rules for rule violations or 
other activity for which remedial measures may be proposed. The 
Exchange notes that given the inherent time constraints in making 
various changes to exchange transactions, the Exchange would not be 
able to adequately consider the above-mentioned requirements and make a 
determination within the time required as to whether a change was 
improper or not. As such the Exchange will not prevent any changes from 
being processed and given effect, but will review such changes after 
the fact to ensure compliance with Exchange rules.
---------------------------------------------------------------------------

    \7\ For example, if the Exchange provides a TPH the ability to 
make a change via CTM, such action should not be construed as a 
determination by the Exchange that the transaction proposed is in 
conformity with Exchange Rules.
---------------------------------------------------------------------------

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.\8\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \9\ 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) \10\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ Id.
---------------------------------------------------------------------------

    The Exchange views CTM as an important tool that allows TPHs to 
receive copies of trade records and add and/or update trade records. 
The Exchange believes CTM provides TPHs an effective mechanism to make 
such changes and reconcile out-trades due to bona fide errors, thereby 
removing impediments to and perfecting the mechanism of a free and open 
market and a national market system, and protecting investors and the 
public interest.
    The Exchange also believes that clearly defining in the rules 
existing system functionality (i.e., CTM) provides additional 
transparency in the rules and provides market participants an 
additional avenue to easily understand the system and processes C2 
offers. The Exchange believes additional transparency removes a 
potential impediment to and perfecting the mechanism for a free and 
open market and a national market system, and, in general, protecting 
investors and the public interest. Additionally, the Exchange believes 
that requiring certain changes made through the CTM system allows the 
Exchange to receive from TPHs information in a uniform format, which 
aids the Exchange's efforts to monitor and regulate C2 and TPHs and 
helps prevent fraudulent and manipulative practices.

[[Page 37649]]

    Finally, the Exchange believes that the proposed rule changes are 
designed to not permit unfair discrimination among market participants. 
For example all TPHs may request access to CTM. Additionally, all TPHs 
will be subject to the same limitations as to the permitted uses of CTM 
functionality.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange believes that 
proposed Rule 6.49 will promote competition by making the CTM 
functionality more understandable to users and the general public. The 
Exchange believes that by better explaining its CTM functionality to 
TPHs and codifying the permitted uses of CTM, TPHs will better 
understand the Exchange's systems. The Exchange believes that 
additional clarity and transparency in the Rules will make it easier 
for market participants to compete with one another on equal footing in 
the markets and ultimately benefits all investors.

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

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

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

    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 \11\ and Rule 19b-
4(f)(6) \12\ thereunder.
---------------------------------------------------------------------------

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

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

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-C2-2017-023 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-C2-2017-023. 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-C2-2017-023 and should be 
submitted on or before September 1, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-16930 Filed 8-10-17; 8:45 am]
BILLING CODE 8011-01-P



                                                                                     Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices                                          37647

                                                      • Send an email to rule-comments@                       SECURITIES AND EXCHANGE                                A. Self-Regulatory Organization’s
                                                    sec.gov. Please include File Number SR–                   COMMISSION                                             Statement of the Purpose of, and
                                                    BatsBYX–2017–17 on the subject line.                                                                             Statutory Basis for, the Proposed Rule
                                                                                                              [Release No. 34–81327; File No. SR–C2–
                                                                                                                                                                     Change
                                                    Paper Comments                                            2017–023]
                                                                                                                                                                     1. Purpose
                                                      • Send paper comments in triplicate                     Self-Regulatory Organizations; C2
                                                                                                                                                                        The Exchange is proposing to adopt
                                                    to Secretary, Securities and Exchange                     Options Exchange, Incorporated;
                                                                                                                                                                     new Rule 6.49 related to its existing C2
                                                    Commission, 100 F Street NE.,                             Notice of Filing and Immediate
                                                                                                                                                                     Trade Match System (‘‘CTM’’)
                                                    Washington, DC 20549–1090.                                Effectiveness of a Proposed Rule
                                                                                                                                                                     functionality. CTM is a systems user
                                                                                                              Change To Adopt Rule 6.49, C2 Trade
                                                    All submissions should refer to File                                                                             interface provided by the Exchange in
                                                                                                              Match System
                                                    Number SR–BatsBYX–2017–17. This                                                                                  which authorized Trading Permit
                                                    file number should be included on the                     August 7, 2017.                                        Holders (‘‘TPHs’’) may receive copies of
                                                    subject line if email is used. To help the                   Pursuant to Section 19(b)(1) of the                 trade records and add and/or update
                                                                                                              Securities Exchange Act of 1934 (the                   their trade records. Although references
                                                    Commission process and review your
                                                                                                              ‘‘Act’’),1 and Rule 19b–4 thereunder,2                 to CTM exist within Regulatory
                                                    comments more efficiently, please use                                                                            Circulars, the functionality is not
                                                    only one method. The Commission will                      notice is hereby given that on August 4,
                                                                                                              2017, C2 Options Exchange,                             currently described in Exchange rules.
                                                    post all comments on the Commission’s                                                                            The Exchange believes it would be
                                                                                                              Incorporated (the ‘‘Exchange’’ or ‘‘C2’’)
                                                    Internet Web site (http://www.sec.gov/                                                                           beneficial to address and provide
                                                                                                              filed with the Securities and Exchange
                                                    rules/sro.shtml). Copies of the                                                                                  further detail in its rules regarding the
                                                                                                              Commission (the ‘‘Commission’’) the
                                                    submission, all subsequent                                                                                       CTM functionality and permitted uses.
                                                                                                              proposed rule change as described in
                                                    amendments, all written statements                        Items I and II below, which Items have                    Post-trade modifications may be
                                                    with respect to the proposed rule                         been prepared by the Exchange. The                     effected via the CTM system. A rule
                                                    change that are filed with the                            Exchange filed the proposal as a ‘‘non-                explicitly detailing the modification
                                                    Commission, and all written                               controversial’’ proposed rule change                   process and defining what permitted
                                                    communications relating to the                            pursuant to Section 19(b)(3)(A)(iii) of                modifications are allowed does not
                                                    proposed rule change between the                          the Act 3 and Rule 19b–4(f)(6)                         currently exist in the Exchange’s rules.
                                                    Commission and any person, other than                     thereunder.4 The Commission is                         The Exchange believes it would be
                                                    those that may be withheld from the                       publishing this notice to solicit                      useful to explicitly reference within the
                                                    public in accordance with the                             comments on the proposed rule change                   rule text the term ‘‘CTM’’ and codify
                                                    provisions of 5 U.S.C. 552, will be                       from interested persons.                               what post trade modifications via CTM
                                                    available for Web site viewing and                                                                               are permitted to reduce confusion and
                                                                                                              I. Self-Regulatory Organization’s                      add additional transparency to the rules
                                                    printing in the Commission’s Public
                                                                                                              Statement of the Terms of Substance of                 regarding C2’s systems.
                                                    Reference Room, 100 F Street NE.,                         the Proposed Rule Change                                  First, the Exchange proposes to
                                                    Washington, DC 20549, on official                                                                                explicitly reference and describe
                                                    business days between the hours of                           The Exchange is proposing to adopt
                                                                                                              new Rule 6.49 related to its existing C2               ‘‘CTM.’’ Specifically, CTM is a system
                                                    10:00 a.m. and 3:00 p.m. Copies of such                                                                          in which authorized TPHs may enter
                                                    filing will also be available for                         Trade Match System (‘‘CTM’’)
                                                                                                              functionality.                                         and report transactions that have been
                                                    inspection and copying at the principal                                                                          effected on the Exchange in accordance
                                                                                                                 The text of the proposed rule change
                                                    office of the Exchange. All comments                                                                             with Exchange rules or to correct bona
                                                                                                              is also available on the Exchange’s Web
                                                    received will be posted without change;                                                                          fide errors (e.g., a situation in which a
                                                                                                              site (http://www.cboe.com/AboutCBOE/
                                                    the Commission does not edit personal                     CBOELegalRegulatoryHome.aspx), at                      transaction was incorrectly reported as
                                                    identifying information from                              the Exchange’s Office of the Secretary,                an opening transaction). Documentation
                                                    submissions. You should submit only                       and at the Commission’s Public                         requirements related to changes made
                                                    information that you wish to make                         Reference Room.                                        through the use of CTM will be
                                                    available publicly. All submissions                                                                              announced via a Regulatory Circular.
                                                    should refer to File Number SR–                           II. Self-Regulatory Organization’s                        By way of background, C2 Rule 6.38
                                                    BatsBYX–2017–17 and shouldbe                              Statement of the Purpose of, and                       requires that for all transactions made
                                                    submitted on or before September 1,                       Statutory Basis for, the Proposed Rule                 on the Exchange, TPHs must file with
                                                    2017.                                                     Change                                                 the Exchange certain trade information 5
                                                                                                                In its filing with the Commission, the               in order to allow the Exchange to
                                                      For the Commission, by the Division of                                                                         properly match and clear trades. This
                                                    Trading and Markets, pursuant to delegated                Exchange included statements
                                                                                                              concerning the purpose of and basis for                information is used to provide the
                                                    authority.19                                                                                                     comparison of the two sides (i.e., buy
                                                                                                              the proposed rule change and discussed
                                                    Eduardo A. Aleman,                                                                                               and sell) of a transaction. When the two
                                                                                                              any comments it received on the
                                                    Assistant Secretary.                                      proposed rule change. The text of these                sides match, the trade is successfully
                                                    [FR Doc. 2017–16929 Filed 8–10–17; 8:45 am]               statements may be examined at the                      compared and will move on to the
                                                    BILLING CODE 8011–01–P                                    places specified in Item IV below. The                 Options Clearing Corporation (‘‘OCC’’)
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                              Exchange has prepared summaries, set                   for clearance. For trades that do not
                                                                                                              forth in sections A, B, and C below, of                match (i.e., trade information from each
                                                                                                              the most significant aspects of such                   side do not match) TPHs and their
                                                                                                              statements.                                            respective representatives typically
                                                                                                                                                                     make reasonable efforts to resolve
                                                                                                                1 15 U.S.C. 78s(b)(1).                               unmatched trades on trade day. The
                                                                                                                2 17 CFR 240.19b–4.                                  Exchange notes that CTM may be used
                                                                                                                3 15 U.S.C. 78s(b)(3)(A)(iii).
                                                      19 17   CFR 200.30–3(a)(12).                              4 17 CFR 240.19b–4(f)(6).                              5 See   C2 Rule 6.38.



                                               VerDate Sep<11>2014     17:18 Aug 10, 2017   Jkt 241001   PO 00000   Frm 00091   Fmt 4703    Sfmt 4703   E:\FR\FM\11AUN1.SGM    11AUN1


                                                    37648                         Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices

                                                    by TPHs to change certain fields on a                   substantive aspects of how a trade was                2. Statutory Basis
                                                    trade record for which it has authority                 processed, including whether a trade                     The Exchange believes the proposed
                                                    to correct, in order to update a trade                  should have been given order priority.                rule change is consistent with the
                                                    record or correct an unmatched field to                 Accordingly, the Exchange believes that               Securities Exchange Act of 1934 (the
                                                    resolve an out-trade. The Exchange                      TPHs making changes to these fields                   ‘‘Act’’) and the rules and regulations
                                                    proposes to codify what post trade                      should be required to provide the                     thereunder applicable to the Exchange
                                                    modifications via CTM are permitted                     Exchange notice and documentation                     and, in particular, the requirements of
                                                    and further specify which changes will                  relating to the change. The Exchange                  Section 6(b) of the Act.8 Specifically,
                                                    require notification to the Exchange.                   proposes to require that notification of              the Exchange believes the proposed rule
                                                       The Exchange first seeks to specify                  the change be made as soon as                         change is consistent with the Section
                                                    which fields may be changed by TPHs                     practicable, but, no later than fifteen               6(b)(5) 9 requirements that the rules of
                                                    through the use of CTM without notice                   (15) minutes after the change has been                an exchange be designed to prevent
                                                    to the Exchange. Those fields are: (1)                  made. The Exchange notes that it will                 fraudulent and manipulative acts and
                                                    Executing Firm and Contra Firm; (2)                     not be authorizing any changes prior to               practices, to promote just and equitable
                                                    Executing Broker and Contra Broker; (3)                 the TPH making changes to any of the                  principles of trade, to foster cooperation
                                                    CMTA; 6 (4) Market-Maker Account and                    above-mentioned fields (i.e., the                     and coordination with persons engaged
                                                    Sub Account; (5) Customer ID; (6)                       Exchange will not expressly indicate                  in regulating, clearing, settling,
                                                    Position Effect (open/close); (7)                       whether or not a change identified in a               processing information with respect to,
                                                    Optional Data; and/or (8) Origin Code                   TPH’s notice is in conformity with                    and facilitating transactions in
                                                    (provided the change is not from a                      Exchange rules prior to the change being              securities, to remove impediments to
                                                    customer origin code to any other origin                made). Rather, due to inherent time                   and perfect the mechanism of a free and
                                                    code). The Exchange notes that the                      constraints, such changes will be                     open market and a national market
                                                    information contained in these fields                   reviewed by Exchange personnel after                  system, and, in general, to protect
                                                    does not affect the terms of a contract or              the fact, and a TPH that is found to have             investors and the public interest.
                                                    the Consolidated Tape. Rather, the                      made an improper modification may be                  Additionally, the Exchange believes the
                                                    Exchange views these changes to be                      subject to appropriate disciplinary                   proposed rule change is consistent with
                                                    non-critical back office changes and as                 action in accordance with the Rules of                the Section 6(b)(5) 10 requirement that
                                                    such, the Exchange does not believe it                  the Exchange as described more fully                  the rules of an exchange not be designed
                                                    needs notice from the TPH making the                    below.                                                to permit unfair discrimination between
                                                    change. The Exchange also notes that                                                                          customers, issuers, brokers, or dealers.
                                                    such changes would be captured in the                      The Exchange lastly proposes to adopt                 The Exchange views CTM as an
                                                    Exchange’s audit trail.                                 Interpretation and Policy .01 to provide              important tool that allows TPHs to
                                                       Next, the Exchange proposes to                       that any action taken by the Exchange                 receive copies of trade records and add
                                                    specify which fields may be changed by                  pursuant to proposed Rule 6.49(b) and                 and/or update trade records. The
                                                    TPHs through the use of CTM that                        (c) does not constitute a determination               Exchange believes CTM provides TPHs
                                                    require TPHs to give notice to the                      by the Exchange that the transaction                  an effective mechanism to make such
                                                    Exchange in a form and manner                           was effected in conformity with                       changes and reconcile out-trades due to
                                                    determined by the Exchange.                             Exchange Rules.7 As noted above, any                  bona fide errors, thereby removing
                                                    Specifically, those fields are: (1) Series;             improper change made through CTM                      impediments to and perfecting the
                                                    (2) Quantity; (3) Buy or Sell; (4)                      shall be processed and given effect, but              mechanism of a free and open market
                                                    Premium Price; and/or (5) Origin Code                   the TPH may be subject to appropriate                 and a national market system, and
                                                    (if changing origin code from customer                  disciplinary action in accordance with                protecting investors and the public
                                                    (C) to any other origin code). The                      Exchange rules. Additionally, the                     interest.
                                                    Exchange notes that these fields, with                  Exchange notes that nothing in                           The Exchange also believes that
                                                    the exception of origin code, do change                 proposed Rule 6.49 is intended to define              clearly defining in the rules existing
                                                    the terms of the contract and                           or limit the ability of the Exchange to               system functionality (i.e., CTM)
                                                    additionally affect the Consolidated                    sanction or take other remedial action                provides additional transparency in the
                                                    Tape. As such, the Exchange proposes                    pursuant to other Exchange rules for                  rules and provides market participants
                                                    to require notice and further                           rule violations or other activity for                 an additional avenue to easily
                                                    documentation as to why such a change                   which remedial measures may be                        understand the system and processes C2
                                                    is being made in order to monitor such                  proposed. The Exchange notes that                     offers. The Exchange believes additional
                                                    changes, as well as take the necessary                  given the inherent time constraints in                transparency removes a potential
                                                    steps to ensure that any such changes                   making various changes to exchange                    impediment to and perfecting the
                                                    are properly reflected in the                           transactions, the Exchange would not be               mechanism for a free and open market
                                                    Consolidated Tape. As to changes from                   able to adequately consider the above-                and a national market system, and, in
                                                    a Customer (C) origin code to any other                 mentioned requirements and make a                     general, protecting investors and the
                                                    origin code, the Exchange notes that                    determination within the time required                public interest. Additionally, the
                                                    while such change does not affect the                   as to whether a change was improper or                Exchange believes that requiring certain
                                                    Consolidated Tape or terms of a                         not. As such the Exchange will not                    changes made through the CTM system
                                                    contract, such changes may affect other                 prevent any changes from being                        allows the Exchange to receive from
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            processed and given effect, but will                  TPHs information in a uniform format,
                                                       6 Under a Clearing Member Trade Agreement
                                                                                                            review such changes after the fact to                 which aids the Exchange’s efforts to
                                                    (‘‘CMTA’’), an Options Clearing Corporation             ensure compliance with Exchange rules.                monitor and regulate C2 and TPHs and
                                                    (‘‘OCC’’) clearing member (‘‘carrying clearing                                                                helps prevent fraudulent and
                                                    member’’) authorizes another clearing member
                                                    (‘‘executing clearing member’’) to give up the name       7 For example, if the Exchange provides a TPH
                                                                                                                                                                  manipulative practices.
                                                    of the carrying clearing member with respect to any     the ability to make a change via CTM, such action
                                                                                                                                                                    8 15 U.S.C. 78f(b).
                                                    trade executed on a specific exchange (i.e., the re-    should not be construed as a determination by the
                                                                                                                                                                    9 15 U.S.C. 78f(b)(5).
                                                    assignment of a trade to a different Clearing firm      Exchange that the transaction proposed is in
                                                    occurs post-trade at the OCC).                          conformity with Exchange Rules.                         10 Id.




                                               VerDate Sep<11>2014   17:18 Aug 10, 2017   Jkt 241001   PO 00000   Frm 00092   Fmt 4703   Sfmt 4703   E:\FR\FM\11AUN1.SGM   11AUN1


                                                                                   Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices                                                    37649

                                                       Finally, the Exchange believes that                  investors, or otherwise in furtherance of               For the Commission, by the Division of
                                                    the proposed rule changes are designed                  the purposes of the Act. If the                       Trading and Markets, pursuant to delegated
                                                    to not permit unfair discrimination                     Commission takes such action, the                     authority.13
                                                    among market participants. For example                  Commission will institute proceedings                 Eduardo A. Aleman,
                                                    all TPHs may request access to CTM.                     to determine whether the proposed rule                Assistant Secretary.
                                                    Additionally, all TPHs will be subject to               change should be approved or                          [FR Doc. 2017–16930 Filed 8–10–17; 8:45 am]
                                                    the same limitations as to the permitted                disapproved.                                          BILLING CODE 8011–01–P
                                                    uses of CTM functionality.
                                                                                                            IV. Solicitation of Comments
                                                    B. Self-Regulatory Organization’s                         Interested persons are invited to
                                                    Statement on Burden on Competition                                                                            SMALL BUSINESS ADMINISTRATION
                                                                                                            submit written data, views, and
                                                       The Exchange does not believe that                   arguments concerning the foregoing,                   [Disaster Declaration #15232 and #15233;
                                                    the proposed rule change will impose                    including whether the proposed rule                   IOWA Disaster Number IA–00071]
                                                    any burden on competition that is not                   change is consistent with the Act.
                                                    necessary or appropriate in furtherance                 Comments may be submitted by any of                   Administrative Declaration of a
                                                    of the purposes of the Act. The                         the following methods:                                Disaster for the State of Iowa
                                                    Exchange believes that proposed Rule                                                                          AGENCY: U.S. Small Business
                                                                                                            Electronic Comments
                                                    6.49 will promote competition by                                                                              Administration.
                                                    making the CTM functionality more                         • Use the Commission’s Internet
                                                                                                            comment form (http://www.sec.gov/                     ACTION: Notice.
                                                    understandable to users and the general
                                                    public. The Exchange believes that by                   rules/sro.shtml); or                                  SUMMARY:    This is a notice of an
                                                    better explaining its CTM functionality                   • Send an email to rule-comments@
                                                                                                                                                                  Administrative declaration of a disaster
                                                    to TPHs and codifying the permitted                     sec.gov. Please include File Number SR–
                                                                                                                                                                  for the State of Iowa dated 08/03/2017.
                                                    uses of CTM, TPHs will better                           C2–2017–023 on the subject line.
                                                                                                                                                                  DATES: Issued on 08/03/2017.
                                                    understand the Exchange’s systems. The                  Paper Comments                                           Physical Loan Application Deadline
                                                    Exchange believes that additional clarity
                                                    and transparency in the Rules will make                    • Send paper comments in triplicate                Date: 10/02/2017.
                                                                                                            to Secretary, Securities and Exchange                    Economic Injury (EIDL) Loan
                                                    it easier for market participants to                                                                          Application Deadline Date: 05/03/2018.
                                                    compete with one another on equal                       Commission, 100 F Street NE.,
                                                    footing in the markets and ultimately                   Washington, DC 20549–1090.                            ADDRESSES: Submit completed loan
                                                    benefits all investors.                                 All submissions should refer to File                  applications to: U.S. Small Business
                                                                                                            Number SR–C2–2017–023. This file                      Administration, Processing and
                                                    C. Self-Regulatory Organization’s                       number should be included on the                      Disbursement Center, 14925 Kingsport
                                                    Statement on Comments on the                            subject line if email is used. To help the            Road, Fort Worth, TX 76155.
                                                    Proposed Rule Change Received From                      Commission process and review your                    FOR FURTHER INFORMATION CONTACT:
                                                    Members, Participants, or Others                        comments more efficiently, please use                    A. Escobar, Office of Disaster
                                                      The Exchange neither solicited nor                    only one method. The Commission will                  Assistance, U.S. Small Business
                                                    received written comments on the                        post all comments on the Commission’s                 Administration, 409 3rd Street SW.,
                                                    proposed rule change.                                   Internet Web site (http://www.sec.gov/                Suite 6050, Washington, DC 20416,
                                                                                                            rules/sro.shtml). Copies of the                       (202) 205–6734.
                                                    III. Date of Effectiveness of the                       submission, all subsequent
                                                    Proposed Rule Change and Timing for                                                                           SUPPLEMENTARY INFORMATION: Notice is
                                                                                                            amendments, all written statements                    hereby given that as a result of the
                                                    Commission Action
                                                                                                            with respect to the proposed rule                     Administrator’s disaster declaration,
                                                       Because the foregoing proposed rule                  change that are filed with the                        applications for disaster loans may be
                                                    change does not: (i) Significantly affect               Commission, and all written                           filed at the address listed above or other
                                                    the protection of investors or the public               communications relating to the
                                                    interest; (ii) impose any significant                                                                         locally announced locations.
                                                                                                            proposed rule change between the                         Incident: Severe Weather, Tornadoes,
                                                    burden on competition; and (iii) become                 Commission and any person, other than
                                                    operative for 30 days from the date on                                                                        High Winds, Heavy Rains, Flash
                                                                                                            those that may be withheld from the                   Flooding and Riverine Flooding.
                                                    which it was filed, or such shorter time                public in accordance with the
                                                    as the Commission may designate, it has                                                                          Incident Period: 07/19/2017 through
                                                                                                            provisions of 5 U.S.C. 552, will be                   07/23/2017.
                                                    become effective pursuant to Section                    available for Web site viewing and
                                                    19(b)(3)(A) of the Act 11 and Rule 19b–                                                                          The following areas have been
                                                                                                            printing in the Commission’s Public                   determined to be adversely affected by
                                                    4(f)(6) 12 thereunder.                                  Reference Room, 100 F Street NE.,
                                                       At any time within 60 days of the                                                                          the disaster:
                                                                                                            Washington, DC 20549 on official
                                                    filing of the proposed rule change, the                 business days between the hours of                    Primary Counties: Bremer
                                                    Commission summarily may                                10:00 a.m. and 3:00 p.m. Copies of the                Contiguous Counties:
                                                    temporarily suspend such rule change if                 filing also will be available for                        Iowa: Black Hawk, Buchanan, Butler,
                                                    it appears to the Commission that such                  inspection and copying at the principal                    Chickasaw, Fayette, Floyd
                                                    action is necessary or appropriate in the               office of the Exchange. All comments                     The Interest Rates are:
                                                    public interest, for the protection of
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            received will be posted without change;
                                                                                                            the Commission does not edit personal                                                             Percent
                                                      11 15  U.S.C. 78s(b)(3)(A).
                                                      12 17 CFR 240.19b–4(f)(6)(iii). As required under
                                                                                                            identifying information from                          For Physical Damage:
                                                    Rule 19b–4(f)(6)(iii), the Exchange provided the        submissions. You should submit only                     Homeowners with Credit Avail-
                                                    Commission with written notice of its intent to file    information that you wish to make                         able Elsewhere ......................     3.500
                                                    the proposed rule change, along with a brief            available publicly. All submissions                     Homeowners without Credit
                                                    description and the text of the proposed rule
                                                    change, at least five business days prior to the date
                                                                                                            should refer to File Number SR–C2–                        Available Elsewhere ..............        1.750
                                                    of filing of the proposed rule change, or such          2017–023 and should be submitted on
                                                    shorter time as designated by the Commission.           or before September 1, 2017.                            13 17   CFR 200.30–3(a)(12).



                                               VerDate Sep<11>2014   17:18 Aug 10, 2017   Jkt 241001   PO 00000   Frm 00093   Fmt 4703   Sfmt 4703   E:\FR\FM\11AUN1.SGM     11AUN1



Document Created: 2018-10-24 11:48:15
Document Modified: 2018-10-24 11:48:15
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 Citation82 FR 37647 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR