82 FR 8477 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees Schedule
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 15 (January 25, 2017)
Federal Register Volume 82, Issue 15 (January 25, 2017)
| Page Range | 8477-8479 | |
| FR Document | 2017-01604 |
[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)] [Notices] [Pages 8477-8479] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-01604] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-79816; File No. SR-CBOE-2017-003] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees Schedule January 18, 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 January 3, 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, II, and III 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 amend its Fees Schedule. 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 proposes to make a number of amendments to its Order Routing Subsidy (ORS) and Complex Order Routing Subsidy (CORS) Programs (collectively ``Programs''). By way of background, the ORS and CORS Programs allow CBOE to enter into subsidy arrangements with any CBOE Trading Permit Holder (``TPH'') (each, a ``Participating TPH'') or Non- CBOE TPH broker-dealer (each a ``Participating Non-CBOE TPH'') that meet certain criteria and provide certain order routing functionalities to other CBOE TPHs, Non-CBOE TPHs and/or use such functionalities themselves.\3\ (The term ``Participant'' as used in this filing refers to either a Participating TPH or a Participating Non-CBOE TPH). Participants in the ORS Program receive a payment from CBOE for every executed contract for simple orders routed to CBOE through their system. CBOE does not make payments under the ORS Program with respect to executed contracts in single-listed options classes traded on CBOE, or with respect to complex orders or spread orders. Similarly, participants in the CORS Program receive a payment from CBOE for every executed contract for complex orders routed to CBOE through their system. CBOE does not make payments under the CORS Program with respect to executed contracts in single-listed options classes traded on CBOE or with respect to simple orders. Currently, under both programs the Exchange pays a subsidy of $0.02 per contract for all customer (origin code ``C'') orders and a subsidy of $0.06 per contract for all non- customer orders. --------------------------------------------------------------------------- \3\ See CBOE Fees Schedule, ``Order Router Subsidy Program'' and ``Complex Order Router Subsidy Program'' tables for more details on the ORS and CORS Programs. --------------------------------------------------------------------------- The Exchange first proposes to exclude customer orders from the Programs and eliminate the customer order subsidy. The Exchange also proposes to increase the subsidy for non-customer orders from $0.06 per contract to $0.07 per contract under both ORS and CORS. The Exchange notes that another Exchange with a similar subsidy program also does not provide subsidies for customer orders.\4\ --------------------------------------------------------------------------- \4\ See NASDAQ PHLX LLC Pricing Schedule, Section IV(e) [sic], Other Transaction Fees, Market Access and Routing Subsidy (``MARS''). --------------------------------------------------------------------------- [[Page 8478]] The Exchange next proposes to amend one of the system requirements under the Programs. Specifically, the Exchange notes that to qualify for the subsidy arrangement under ORS and CORS, a Participant's order routing functionality has to, among other things, cause CBOE to be the default destination exchange for simple (under ORS) and complex (under CORS) orders, but allow any user to manually override CBOE as the default destination on an order-by-order basis. As the Exchange is proposing to eliminate subsidies for customer orders, the Exchange does not believe it's necessary to require that CBOE be set as the default destination exchange for customer orders. As such, the Exchange proposes to amend the Fees Schedule to provide that under the ORS and CORS programs, CBOE must be set as the default exchange for non- customer orders only (and still allow any user to manually override CBOE as the default destination on an order-by-order basis). 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 Section 6(b)(4) of the Act,\7\ which requires that Exchange rules provide for the equitable allocation of reasonable dues, fees, and other charges among its Trading Permit Holders and other persons using its facilities. --------------------------------------------------------------------------- \5\ 15 U.S.C. 78f(b). \6\ 15 U.S.C. 78f(b)(5). \7\ 15 U.S.C. 78f(b)(4). --------------------------------------------------------------------------- In particular, the Exchange believes the proposed amendments to the ORS and CORS Programs are reasonable because the proposed changes still affords Participants an opportunity to receive payments to subsidize the costs associated with providing certain order routing functionalities that would otherwise go unsubsidized. Additionally, the Exchange believes the increased $0.07 per contract subsidy for non- customer orders is reasonable because it is within the range of subsidies paid by another exchange under a similar subsidy program.\8\ The Exchange also believes it is reasonable, equitable and not unfairly discriminatory to maintain a subsidy for non-customer orders only under the Programs. Particularly, the Exchange notes that customer orders already have the opportunity to earn various rebates, discounts or fee caps.\9\ Moreover, the Exchange notes that another exchange also does not provide subsidies for customer orders.\10\ --------------------------------------------------------------------------- \8\ See supra note 4. \9\ See e.g., CBOE Fees Schedule, Customer Large Trade Discount and Volume Incentive Program. \10\ See supra note 4. --------------------------------------------------------------------------- The Exchange believes the elimination of the requirement to set CBOE as the default destination for customer orders is reasonable, equitable and not unfairly discriminatory because the Exchange will no longer be providing a subsidy for such orders. B. Self-Regulatory Organization's Statement on Burden on Competition CBOE does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Exchange does not believe that the proposed changes will impose an unnecessary burden on intramarket competition because they will apply equally to all participating parties. Although the subsidy for orders routed to CBOE through a Participant's system only applies to Participants of the Programs, the subsidies are designed to encourage the sending of more orders to the Exchange, which should provide greater liquidity and trading opportunities for all market participants. Additionally, although customer orders will no longer be eligible for subsidies under the programs, customer orders are eligible for other rebates, discounts or fee caps.\11\ The Exchange also does not believe that such changes will impose any burden on intermarket competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Exchange notes that, should the proposed changes make CBOE more attractive for trading, market participants trading on other exchanges can always elect to provide order routing functionality to CBOE. Additionally, to the extent that the proposed changes to the ORS and CORS Programs result in increased trading volume on CBOE and lessened volume on other exchanges, the Exchange notes that market participants trading on other exchanges can always elect to become TPHs on CBOE to take advantage of the trading opportunities. --------------------------------------------------------------------------- \11\ See e.g., CBOE Fees Schedule, Customer Large Trade Discount and Volume Incentive Program. --------------------------------------------------------------------------- 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 The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act \12\ and paragraph (f) of Rule 19b-4 \13\ thereunder. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission will institute proceedings to determine whether the proposed rule change should be approved or disapproved. --------------------------------------------------------------------------- \12\ 15 U.S.C. 78s(b)(3)(A). \13\ 17 CFR 240.19b-4(f). --------------------------------------------------------------------------- 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-2017-003 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-2017-003. This file number should be included on the subject line if email is used. To help the Commission process and review your [[Page 8479]] 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-2017-003 and should be submitted on or before February 15, 2017. --------------------------------------------------------------------------- \14\ 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\14\ Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017-01604 Filed 1-24-17; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices 8477
exists an active and liquid market For the Commission, by the Division of the most significant aspects of such
functioning on the Exchange outside of Trading and Markets, pursuant to delegated statements.
the Auction.34 The Commission further authority.38
Eduardo A. Aleman, A. Self-Regulatory Organization’s
believes that the proposed revisions to Statement of the Purpose of, and
the eligibility requirements for orders of Assistant Secretary.
Statutory Basis for, the Proposed Rule
fewer than 50 contracts with respect to [FR Doc. 2017–01618 Filed 1–24–17; 8:45 am]
Change
circumstances when the NBBO is no BILLING CODE 8011–01–P
more than $0.01 wide should help to 1. Purpose
enhance the operation of the Auction by The Exchange proposes to make a
providing meaningful opportunities for SECURITIES AND EXCHANGE
number of amendments to its Order
COMMISSION
price improvement in such Routing Subsidy (ORS) and Complex
circumstances, and should benefit Order Routing Subsidy (CORS)
[Release No. 34–79816; File No. SR–CBOE– Programs (collectively ‘‘Programs’’). By
investors and others in a manner that is 2017–003]
consistent with the Act. way of background, the ORS and CORS
The Commission further notes that, as Self-Regulatory Organizations; Programs allow CBOE to enter into
Chicago Board Options Exchange, subsidy arrangements with any CBOE
discussed more fully above, ISE Gemini
Incorporated; Notice of Filing and Trading Permit Holder (‘‘TPH’’) (each, a
is initially proposing to implement is
Immediate Effectiveness of a Proposed ‘‘Participating TPH’’) or Non-CBOE TPH
price improvement requirement for broker-dealer (each a ‘‘Participating
Agency Orders of fewer than 50 option Rule Change To Amend the Fees
Schedule Non-CBOE TPH’’) that meet certain
contracts where the difference in the criteria and provide certain order
NBBO is $0.01 with a member conduct January 18, 2017. routing functionalities to other CBOE
standard.35 As described in greater Pursuant to Section 19(b)(1) of the TPHs, Non-CBOE TPHs and/or use such
detail above, ISE Gemini proposes to Securities Exchange Act of 1934 (the functionalities themselves.3 (The term
enforce this requirement under ISE Rule ‘‘Act’’),1 and Rule 19b–4 thereunder,2 ‘‘Participant’’ as used in this filing refers
1614(d)(4). The Commission believes notice is hereby given that on January 3, to either a Participating TPH or a
that ISE Gemini’s proposed member 2017, Chicago Board Options Exchange, Participating Non-CBOE TPH).
conduct standard and ISE Rule Incorporated (the ‘‘Exchange’’ or Participants in the ORS Program receive
1614(d)(4) are reasonable means to ‘‘CBOE’’) filed with the Securities and a payment from CBOE for every
implement the price improvement Exchange Commission (the executed contract for simple orders
requirement until implementation of its ‘‘Commission’’) the proposed rule routed to CBOE through their system.
proposed systems-based mechanism for change as described in Items I, II, and CBOE does not make payments under
this requirement, which will become III below, which Items have been the ORS Program with respect to
effective following the migration of a prepared by the Exchange. The executed contracts in single-listed
symbol to INET, the platform operated Commission is publishing this notice to options classes traded on CBOE, or with
by Nasdaq, Inc. that will also operate solicit comments on the proposed rule respect to complex orders or spread
the PIM. The Commission further notes change from interested persons. orders. Similarly, participants in the
that the Exchange has represented that CORS Program receive a payment from
I. Self-Regulatory Organization’s
its proposed member conduct standard CBOE for every executed contract for
Statement of the Terms of Substance of
will be effective until the migration of complex orders routed to CBOE through
the Proposed Rule Change
all symbols to the INET platform, which their system. CBOE does not make
The Exchange proposes to amend its payments under the CORS Program with
shall be no later than April 15, 2017.36 Fees Schedule. The text of the proposed respect to executed contracts in single-
Thus, the Commission has rule change is also available on the listed options classes traded on CBOE or
determined to approve the Exchange’s Exchange’s Web site (http:// with respect to simple orders. Currently,
proposed revisions to ISE Gemini Rule www.cboe.com/AboutCBOE/ under both programs the Exchange pays
723(b) and Supplementary Material .03 CBOELegalRegulatoryHome.aspx), at a subsidy of $0.02 per contract for all
and .05 to ISE Gemini Rule 723, and to the Exchange’s Office of the Secretary, customer (origin code ‘‘C’’) orders and a
approve the Pilot, as proposed to be and at the Commission’s Public subsidy of $0.06 per contract for all non-
modified, on a permanent basis. Reference Room. customer orders.
II. Self-Regulatory Organization’s The Exchange first proposes to
IV. Conclusion exclude customer orders from the
Statement of the Purpose of, and
It is therefore ordered, pursuant to Statutory Basis for, the Proposed Rule Programs and eliminate the customer
Section 19(b)(2) of the Act,37 that the Change order subsidy. The Exchange also
proposed rule change (SR–ISEGemini– proposes to increase the subsidy for
In its filing with the Commission, the non-customer orders from $0.06 per
2016–23), be and hereby is approved. Exchange included statements contract to $0.07 per contract under
concerning the purpose of and basis for both ORS and CORS. The Exchange
the proposed rule change and discussed notes that another Exchange with a
34 See Exhibit 3 to SR–ISEGemini–2016–23. any comments it received on the similar subsidy program also does not
35 The Exchange stated that it will conduct proposed rule change. The text of these
mstockstill on DSK3G9T082PROD with NOTICES
electronic surveillance of the PIM to ensure that provide subsidies for customer orders.4
members comply with the proposed price
statements may be examined at the
improvement requirements for option orders of places specified in Item IV below. The 3 See CBOE Fees Schedule, ‘‘Order Router
fewer than 50 contracts. See Notice, supra note 3, Exchange has prepared summaries, set Subsidy Program’’ and ‘‘Complex Order Router
forth in sections A, B, and C below, of Subsidy Program’’ tables for more details on the
at 91275–76.
ORS and CORS Programs.
36 See Notice, supra note 3, at 91275 & n.7.
4 See NASDAQ PHLX LLC Pricing Schedule,
37 15 U.S.C. 78s(b)(2). 1 15 U.S.C. 78s(b)(1). Section IV(e) [sic], Other Transaction Fees, Market
38 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. Access and Routing Subsidy (‘‘MARS’’).
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![Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices 8479
comments more efficiently, please use Items I and II below, which Items have and/or certification programs as may be
only one method. The Commission will been prepared by the Exchange. The required the Exchange.
post all comments on the Commission’s Commission is publishing this notice to The Exchange notes that the proposed
Internet Web site (http://www.sec.gov/ solicit comments on the proposed rule rule change would harmonize the
rules/sro.shtml). Copies of the change from interested persons. Exchange’s MMAT examination
submission, all subsequent requirement with the MMAT
amendments, all written statements I. Self-Regulatory Organization’s examination requirements of other
with respect to the proposed rule Statement of the Terms of Substance of national securities exchanges that
change that are filed with the the Proposed Rule Change require prospective MMATs (or
Commission, and all written CHX proposes to amend the Rules of equivalents) to successfully complete
communications relating to the the Series 57 Securities Trader
the Exchange (‘‘CHX Rules’’) to modify
proposed rule change between the Examination.4
the examination requirement for CHX
Commission and any person, other than
Market Maker Authorized Traders Background
those that may be withheld from the
(‘‘MMATs’’). The text of this proposed
public in accordance with the Current Article 16, Rule 3(b) provides
provisions of 5 U.S.C. 552, will be rule change is available on the
the registration requirements for
available for Web site viewing and Exchange’s Web site at (www.chx.com)
MMATs. Thereunder, current paragraph
printing in the Commission’s Public and in the Commission’s Public
(b)(2) provides that to be eligible for
Reference Room, 100 F Street NE., Reference Room.
registration as an MMAT, a person must
Washington, DC 20549, on official II. Self-Regulatory Organization’s be registered with the Exchange as
business days between the hours of Statement of the Purpose of, and provided in Article 6 and complete any
10:00 a.m. and 3:00 p.m. Copies of the Statutory Basis for, the Proposed Rule other training and/or certification
filing also will be available for Change programs as may be required. Moreover,
inspection and copying at the principal current paragraph .01(b) of the
office of the Exchange. All comments In its filing with the Commission, the Interpretations and Policies of Article 6,
received will be posted without change; CHX included statements concerning Rule 3 provides that prior to the
the Commission does not edit personal the purpose of and basis for the Exchange approving a Participant’s
identifying information from proposed rule changes [sic] and request to register an individual as an
submissions. You should submit only discussed any comments it received on MMAT, such individual must
information that you wish to make the proposed rule change. The text of successfully complete the Market Maker
available publicly. All submissions these statements may be examined at Authorized Trader Exam.
should refer to File Number SR–CBOE– the places specified in Item IV below. In order to further streamline and
2017–003 and should be submitted on The CHX has prepared summaries, set bring consistency to the qualification
or before February 15, 2017. forth in sections A, B and C below, of and registration requirements for
For the Commission, by the Division of the most significant aspects of such MMATs (or equivalents) across different
Trading and Markets, pursuant to delegated statements. markets, the Exchange now proposes to
authority.14 eliminate the Market Maker Authorized
Eduardo A. Aleman, A. Self-Regulatory Organization’s
Trader Exam and instead require
Statement of the Purpose of, and
Assistant Secretary. prospective MMATs to successfully
Statutory Basis for, the Proposed Rule
[FR Doc. 2017–01604 Filed 1–24–17; 8:45 am] complete the Series 57 Securities Trader
Changes
BILLING CODE 8011–01–P Examination in order to satisfy the
1. Purpose Exchange’s MMAT examination
requirement. To this end, the Exchange
SECURITIES AND EXCHANGE The Exchange proposes to amend proposes to delete current paragraph
COMMISSION CHX Rules to modify the examination .01(b) of the Interpretations and Policies
requirement for CHX Market Maker of Article 6, Rule 3 in its entirety and
[Release No. 34–79822; File No. SR–CHX–
Authorized Traders (‘‘MMATs’’). amend current Article 16, Rule 3(b)(2) to
2017–01]
Specifically, the Exchange proposes to provide as follows:
Self-Regulatory Organizations; eliminate the requirement that
To be eligible for registration as a MMAT,
Chicago Stock Exchange, Inc.; Notice prospective MMATs successfully a person must successfully complete the
of Filing and Immediate Effectiveness complete the CHX Market Maker Series 57 Securities Trader Examination and
of Proposed Rule Change To Modify Authorized Trader Exam, which is an any other training and/or certification
the Examination Requirement for CHX examination currently maintained and programs as may be required by the
Market Maker Authorized Traders administered by the Exchange for Exchange.
prospective MMATs. In lieu of the CHX The Exchange does not propose to
January 18, 2017. Market Maker Authorized Trader Exam,
Pursuant to Section 19(b)(1) of the amend or modify any other
the Exchange proposes to require requirements related to MMATs or
Securities Exchange Act of 1934 prospective MMATs to successfully
(‘‘Act’’) 1, and Rule 19b–4 2 thereunder, Market Makers in general.
complete the Series 57 Securities Trader
notice is hereby given that on January 6, Examination 3 and any other training 4 See, e.g., NYSE Arca Equities Rule 7.21(b)(2).
2017 the Chicago Stock Exchange, Inc.
Other markets do not explicitly recognize an
mstockstill on DSK3G9T082PROD with NOTICES
(‘‘CHX’’ or the ‘‘Exchange’’) filed with 3 A Representative (as defined under CHX Article MMAT registration category but require any person
the Securities and Exchange 6, Rule 2(b)) that is engaged in securities trading engaged in the purchase or sale of securities or
Commission (‘‘Commission’’) the activities, on either an agency or principal basis, for other similar instruments for the account of a
proposed rule change as described in the Participant (as defined under CHX Article 1, member organization, which would include market
Rule 1(s)) with which the Representative is maker traders, to be registered as a Securities Trader
associated, must register with the Exchange as a and pass the Series 57 Securities Trader
14 17 CFR 200.30–3(a)(12). Securities Trader and pass the Series 57 Securities Examination. See e.g., paragraph .10 of the
1 15 U.S.C. 78s(b)(1). Trader Examination. See CHX Article 6, Rule Supplementary Material under NYSE Rule 345; see
2 17 CFR 240.19b–4. 3(a)(1). also, e.g., NASDAQ PHLX Rule 613(f)(2).
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Document Created: 2017-01-25 00:08:59
Document Modified: 2017-01-25 00:08:59
| 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 8477 |
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