Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Clarify How the BOX Trading Host Systematically Filters All Orders Against the National Best Bid and Offer, 44596-44599 [E7-15434]
Download as PDF
44596
Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Notices
method to approach penny pricing in
the options markets, rather than a
mechanism that bypasses auction
market principles.27 As discussed
above, with respect to the commenter’s
substantive arguments, the Commission
believes the AAO functionality is
consistent with the Act. Further, the
Commission notes that the proposal, as
amended, is intended to make it easier
for Public Customers to participate in
the PIP (or other future Improvement
Auctions), which already allows trading
in penny increments. In addition,
pursuant to the amended proposal,
AAOs may only be entered in series that
are limited to quoting in standard
increments greater than one cent. The
Commission believes it is consistent
with the Act to allow BSE to implement
another initiative designed to allow
limited trading in penny increments at
the same time it participates in the
Penny Pilot Program.
D. Accelerated Approval
The Commission finds good cause to
approve the proposal prior to the
thirtieth day after the proposal was
published for comment in the Federal
Register. The proposed rule change, as
modified by Amendment No. 1, was
published for full notice and
comment.28 Amendment No. 2, which
limits the AAO functionality to Public
Customer accounts, and in a series for
which the standard trading increment is
greater than one cent, modifies the
proposal in response to issues raised by
a commenter. For these reasons, the
Commission finds good cause,
consistent with section 19(b)(2) of the
Act, to grant accelerated approval to the
proposed rule change.
V. Conclusion
It is therefore ordered, pursuant to
section 19(b)(2) of the Act,29 that the
proposed rule change (SR–BSE–2006–
56), as modified by Amendments No. 1
and 2, be, and it hereby is, approved on
an accelerated basis.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.30
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–15431 Filed 8–7–07; 8:45 am]
sroberts on PROD1PC70 with NOTICES
BILLING CODE 8010–01–P
ISE Letter, supra note 4, at 3.
Notice, supra note 3.
29 15 U.S.C. 78s(b)(2).
30 17 CFR 200.30–3(a)(12).
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–56185; File No. SR–BSE–
2007–39]
Self-Regulatory Organizations; Boston
Stock Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Clarify How
the BOX Trading Host Systematically
Filters All Orders Against the National
Best Bid and Offer
August 2, 2007.
Pursuant to section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on July 30,
2007, the Boston Stock Exchange, Inc.
(‘‘Exchange’’ or ‘‘BSE’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been
substantially prepared by the Exchange.
The Exchange has designated the
proposed rule change as a noncontroversial rule change pursuant to
section 19(b)(3)(A)(iii) of the Act 3 and
Rule 19b–4(f)(6) thereunder,4 which
renders the proposed rule change
effective upon filing with the
Commission. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
rules of the Boston Options Exchange
(‘‘BOX’’) to clarify how the BOX Trading
Host systematically filters all orders
against the National Best Bid and Offer
(‘‘NBBO’’) to ensure that a trade-through
to the detriment of the inbound order
does not occur, and that the customer’s
interests are protected by making sure
that any execution of its order on BOX
is at a price at least as good as the best
price available on any of the other
options exchanges. The proposed rule
filing also seeks to clarify how BOX
currently processes such orders when
the NBBO is either locked or crossed.
The text of the proposed rule change is
set forth below; new text is in italics and
deleted text is in brackets.
27 See
30 17
28 See
1 15
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19:14 Aug 07, 2007
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CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
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RULES OF THE BOSTON OPTIONS
EXCHANGE FACILITY
Chapter V
Sec. 16 Execution and Price/Time
Priority
(a)—No change.
(b) Filtering of BOX In-Bound Orders
[to Prevent Trade-Throughs].
i. With the exception of Improvement
Orders and Primary Improvement
Orders submitted during a PIP (which
are processed in accordance with
section 18 of this Chapter V) and
Directed Orders (which are processed in
accordance with section 5, subsections
b and c, of Chapter VI) [A]all inbound
orders to BOX (whether on behalf of
Customers, non-BOX Participant brokerdealer proprietary accounts or market
makers at other exchanges) as well as
inbound Principal (‘‘P’’) and Principal
as Agent (‘‘P/A’’) (see Chapter XII,
‘‘Intermarket Linkage Rules’’, herein)
orders received via InterMarket Linkage
will be filtered by the Trading Host
prior to entry on the BOX Book to
ensure that these orders will not
[execute at price outside the current
NBBO (‘‘trade-throughs’’).]:
1) in the case of a sell order, execute
at a price below the NBBO bid price
-or2) in the case of a buy order, execute
at a price above the NBBO offer price.
All of the filtering rules described in
this section are independent of whether
the NBBO is locked or crossed or not,
except where the BOX best price on the
same side of the market as the inbound
order has crossed, or is crossed by, the
opposite side NBBO, the order will be
routed, if eligible, or rejected
immediately.
ii.–iv.—No change.
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.
E:\FR\FM\08AUN1.SGM
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Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Notices
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed rule
change is to amend the BOX Rules to
describe how the BOX Trading Host
systematically filters all orders against
the NBBO to ensure that a trade-through
to the detriment of the inbound order
does not occur. The proposal also
describes how customers’ interests are
protected by making sure that any
execution of his order on BOX is at a
price at least as good as the best price
available on any of the other options
exchanges.
BOX’s responsibility to the inbound
customer or broker-dealer order is to
ensure that its execution is at the best
price available across all markets at that
moment. Presently, BOX processes
trades irrespective of whether the NBBO
is locked, crossed, or ‘‘normal.’’ As a
result of this practice, there is the
potential to cause a trade-through. The
purpose of this rule filing is to amend
the BOX rules to recognize that only the
price on the side of the NBBO opposite
to the inbound order needs to be taken
into account when filtering inbound
orders, regardless of whether the NBBO
is locked, crossed, or ‘‘normal,’’ and
regardless of whether BOX is presently
part of the NBBO on the opposite side
from the order. The Exchange has
obtained exemptive relief for any tradethroughs that occur as a result of this
practice.5
The following examples illustrate
BOX’s proposed processing of NBBO
filtering:
Example 1:
Bid
Example 2:
Bid
sroberts on PROD1PC70 with NOTICES
Offer
10 @ 2.00 ............
2.00 ......................
20 @ 2.10
2.10
Offer
BOX Trading Host receives an order to sell 20
‘‘at market.’’
Inbound sell order executed for 10 at 2.00 on
BOX. The remaining ten are exposed 6 internally at 2.00 and, if not executed, will be
routed to the exchange disseminating the
best price or rejected to sender.
Example 3:
Bid
Offer
BOX .......... 10 @ 2.00 ............ 20 @ 2.10
NBBO ....... 2.05 ...................... 2.10
BOX Trading Host receives an order to sell 10
‘‘at market.’’
Inbound sell order exposed internally at 2.05
on BOX; and if not executed, will be routed
to the exchange disseminating the best
price or rejected to sender.
Example 4:
Bid
Offer
BOX .......... 10 @ 2.00 ............ 20 @ 2.10
NBBO ....... 2.00 ...................... 2.00
BOX Trading Host receives an order to sell 10
‘‘at market.’’
Inbound sell order executed at 2.00 on BOX
since this is best price available nationally
for a seller.
Example 5:
Bid
Offer
BOX .......... 10 @ 2.00 ............ 20 @ 2.10
NBBO ....... 2.05 ...................... 2.05
BOX Trading Host receives an order to sell 10
‘‘at market.’’
Inbound sell order exposed internally at 2.05
on BOX; and if not executed, will be routed
to the exchange disseminating the best
price or rejected to sender.
Example 6:
Bid
Offer
BOX .......... 10 @ 2.00 ............ 20 @ 2.10
NBBO ....... 2.00 ...................... 2.10
BOX Trading Host receives an order to sell 10
‘‘at market.’’
Inbound sell order executed at 2.00 on BOX.
BOX ..........
NBBO .......
Bid
Offer
BOX .......... 10 @ 2.00 ............ 20 @ 2.10
NBBO ....... 2.00 ...................... 1.95
BOX Trading Host receives an order to sell 10
‘‘at market.’’
Inbound sell order executed at 2.00 on BOX
since this is best price available nationally
for a seller.
Example 7:
Bid
BOX ..........
NBBO .......
Offer
10 @ 2.00 ............
2.00 ......................
20 @ 2.10
1.95
Bid
Offer
BOX Trading Host receives an order to sell 20
‘‘at market.’’
Inbound sell order executed for 10 at 2.00 on
BOX since this is best price available nationally for a seller. The remaining 10 are
exposed internally at 2.00, and if not executed, will be routed to the exchange disseminating the best price or rejected to
sender.
Example 8:
Bid
Offer
BOX .......... 10 @ 2.00 ............ 20 @ 2.10
NBBO ....... 2.05 ...................... 1.95
BOX Trading Host receives an order to sell 10
‘‘at market.’’
Inbound sell order exposed internally at 2.05
on BOX; if not executed, will be routed to
the exchange disseminating the best price
or rejected to sender.
In the following example (Example 9),
the BOX best price on the same side of
the market as the inbound order is
crossed by the opposite side NBBO. In
this particular case, it is impractical to
expose the inbound executable order at
the opposite NBBO as in the previous
examples since BOX is already showing
a better offer (of 2.10 versus the NBBO
exposure price of 2.15) with which
nobody has traded.
In this unique circumstance (where
the same side BBO on BOX is crossed
by the opposite side NBBO), BOX will
immediately route the order to the
exchange disseminating the best price, if
possible, or reject the order back to the
sender.
Example 9:
Bid
Offer
BOX .......... 10 @ 2.00 ............ 20 @ 2.10
NBBO ....... 2.15 ...................... 2.05
BOX Trading Host receives an order to sell 10
‘‘at market.’’
Inbound sell order routed immediately to the
exchange disseminating the best price at
2.15 or rejected back to sender.
As illustrated by the above examples,
the BOX NBBO filtering process ensures
that a sell order is never executed on
BOX at a price inferior to the best bid
available at the other options exchanges;
similarly, any order to buy an option
would not be executed on BOX at price
worse than the best offer available
elsewhere at that moment. BOX believes
that in the case of a crossed NBBO, it
is in the inbound customer order’s
interest to execute at the best price on
the opposite side of the NBBO on BOX,
where possible, as this is much quicker
than routing to an away exchange.
In connection with proposed rule
change, the Exchange has respectfully
current rule requirement for separate
firms. Such policies and procedures
must, at a minimum, include
information barriers that prevent the
flow of non-public information between
a member organization’s ETF specialist
on the one hand and the member
organization’s 19:14 Aug 07, 2007 Jkt 211001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\08AUN1.SGM 08AUN1
VerDate Aug<31>2005 specialist in an associated
44598
Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Notices
requested an exemption, pursuant to
Rule 608(e) of Regulation NMS, from the
requirement of Rule 608(c) of Regulation
NMS that the Exchange comply with
and enforce compliance by its members
with the requirements of Section 8(c) of
the Plan for the Purpose of Creating and
Operating an Intermarket Options
Linkage (‘‘the Plan’’) in the limited
circumstance where a trade-through
occurs due to an execution when the
NBBO is crossed by the disseminated
market of another options exchange, or
BOX’s disseminated market crosses the
NBBO, and BOX’s price 7 on the
opposite side of the market for the
incoming order establishes, or is equal
to, the NBBO. To the same extent and
subject to the same limitations, the
Exchange has requested exemptive relief
from the requirement in Rule 608(c) of
Regulation NMS that the Exchange
comply with section 4(b) of the Plan by
enforcing compliance by its members
with the provisions of section 8(c) of the
Plan. The Commission has granted the
requested exemption.8
2. Statutory Basis
The Exchange believes that the
proposal is consistent with the
requirements of Section 6(b) of the Act 9
in general, and Section 6(b)(5) of the
Act 10 in particular, in that it is designed
to promote just and equitable principles
of trade, to perfect the mechanism of a
free and open market and the national
market system, and to protect investors
and the public interest by clarifying
how the BOX Trading Host
systematically filters all orders against
the NBBO to ensure that a trade-through
to the detriment of the inbound order
does not occur.
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.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
The Exchange has 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 Exchange has designated the
proposed rule change as one that: (1)
Does not significantly affect the
protection of investors or the public
interest; (2) does not impose any
significant burden on competition; and
(3) does not become operative for 30
days from the date of filing, or such
shorter time as the Commission may
designate if consistent with the
protection of investors and the public
interest. Therefore, the foregoing rule
change has become effective pursuant to
section 19(b)(3)(A) of the Act 11 and
subparagraph (f)(6) of Rule 19b–4
thereunder.12 The Exchange has asked
the Commission to waive the operative
delay to permit the proposed rule
change to become operative prior to the
30th day after filing so that the
Exchange can clarify the conditions
under which BOX provides automatic
executions during times of crossed
markets, thus allowing the maximum
potential number of orders to be
handled electronically on the Exchange.
The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest.13
Waiving the delay will allow the
Exchange’s clarifications of the
operation of the BOX Trading Host’s
filtering of orders against the NBBO to
become operative immediately. Waiving
the delay will also allow the proposal to
become operative simultaneously with
the trade-through exemption granted to
the Exchange as of July 30, 2007,14 the
date the proposed rule change was filed.
Therefore, the Commission designates
the proposal operative upon filing.
At any time within 60 days of the
filing of the proposed rule change, the
Commission may summarily abrogate
the 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.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
11 15
sroberts on PROD1PC70 with NOTICES
7 BOX’s
price could be either BOX’s disseminated
price or it could be a Participant response to the
exposure of the incoming order pursuant to Chapter
V, Section 16(b) of BOX Rules. Therefore, an
incoming order during a crossed market must
execute at a price equal to the NBBO on the
opposite side of the incoming order.
8 See supra note 5.
9 15 U.S.C. 78f(b).
10 15 U.S.C. 78f(b)(5).
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19:14 Aug 07, 2007
Jkt 211001
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). 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 at least five business
before doing so.
13 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
14 See supra note 5.
12 17
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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 (https://www.sec.gov/
rules/sro.shtml ); or
• Send an e-mail to rulecomments@sec.gov. Please include File
No. SR–BSE–2007–39 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–BSE–2007–39. This file
number should be included on the
subject line if e-mail 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 (https://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 inspection and copying in
the Commission’s Public Reference
Room, 100 F Street, NE., Washington,
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m.
Copies of such 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–BSE–2007–39 and should
be submitted on or before August 29,
2007.
E:\FR\FM\08AUN1.SGM
08AUN1
Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Notices
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.15
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–15434 Filed 8–7–07; 8:45 am]
to make technical corrections where
necessary and to be in harmony with
analogous rules of FICC’s affiliated
clearing agency, the National Securities
Clearing Corporation (‘‘NSCC’’).
1. Membership Types
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–56182; File No. SR–FICC–
2006–19]
Self-Regulatory Organizations; Fixed
Income Clearing Corporation; Order
Granting Approval of Proposed Rule
Change Relating to Membership,
Definitions, and the Electronic Pool
Notification Service
August 1, 2007.
I. Introduction
On December 13, 2006, the Fixed
Income Clearing Corporation (‘‘FICC’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’) a
proposed rule change pursuant to
section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder 2 to restructure FICC’s
Government Securities Division’s
(‘‘GSD’’) membership standards and
membership requirements, update
various definitions, and make technical
changes to GSD’s rules and to FICC’s
Mortgage-Backed Securities Division’s
(‘‘MBSD’’) Electronic Pool Notification
(‘‘EPN’’) rules. The proposed rule
change was published for comment in
the Federal Register on March 29,
2007.3 No comment letters were
received on the proposal. This order
approves the proposal.
sroberts on PROD1PC70 with NOTICES
II. Description of the Proposal
A. Membership Rules
FICC is revising its rules concerning
membership types, the membership
application process, and the ongoing
requirements of GSD members into a
format that FICC believes will make
such rules easier to locate and to
understand by applicants and members.
To accomplish this, FICC is amending
current Rule 2 (retitled ‘‘Members’’), is
moving much of the content of current
Rule 2 into a new Rule 2A (‘‘Initial
Membership Requirements’’), and is
revising Rule 3 (retitled ‘‘Ongoing
Membership Requirements’’). Other
rules and provisions are being modified
15 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 Securities Exchange Act Release No. 55515
(Mar. 22, 2006), 72 FR 14839.
1 15
VerDate Aug<31>2005
19:14 Aug 07, 2007
Jkt 211001
FICC’s current Rule 2 (‘‘ComparisonOnly and Netting Members’’) sets forth
the types of GSD memberships,
eligibility requirements, application
procedures, and member reporting
requirements. FICC is revising Rule 2 to
establish each GSD membership type:
Comparison-Only Members, Netting
Members, Sponsoring Members,
Sponsored Members, and Funds-Only
Settling Bank Members. Substantially
all other provisions contained in the
current Rule 2 are being moved to either
new Rule 2A or revised Rule 3.
One exception to this is that FICC is
deleting current Rule 2, Section 4
(‘‘Financial Reports by Netting
Applicants). FICC states that the
rationale for such deletion is that FICC
already advises applicants during the
application process of the required
financial reports depending on the
category of membership for which is
being applied and on the applicant
entity type. In addition, FICC is setting
forth in revised Rule 3 the financial
reports that must be submitted by
members to FICC on an ongoing basis.
FICC is also deleting section 1(f) of
Rule 2, which provides that applicants
that have been approved for
membership must execute and deliver
to FICC a membership agreement. This
provision is redundant with existing
Rule 2, Section 3, which will now
appear in new Rule 2A, Section 7.
2. Consolidation of Membership
Standards and Requirements
Prior to this rule change, the
membership qualifications, financial
standards, and operational requirements
for each membership type were set forth
in Rule 2 (‘‘Comparison-Only and
Netting Members’’), Rule 3 (‘‘Financial
Responsibility, Operational Capability
and Other Membership Standards of
Comparison-Only and Netting
Members’’), and Rule 4 (‘‘Clearing Fund,
Watch List and Loss Allocation’’). To
consolidate this information, FICC is
creating a new Rule 2A (‘‘Initial
Membership Requirements’’) that will
establish the initial membership
eligibility requirements for all
membership types and will set forth the
process of membership application and
evaluation. In addition, FICC is
restructuring Rule 3 (‘‘Ongoing
Membership Requirements’’) to contain
all current GSD rule provisions
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44599
regarding the continuing requirements
of members.
The restructuring will encompass
three substantive changes:
(a) Immediate Placement on the
Watch List. FICC is deleting current
Rule 3, Section 1(d)(iii) that
automatically disqualifies an applicant
from becoming a member if the
applicant is subject to any action or
condition, the existence of which would
require the applicant to be placed on
FICC’s Watch List if it were already a
member. FICC believes that eliminating
such provision will not diminish FICC’s
ability to deny membership to an
unworthy applicant because FICC will
still retain under other sections of its
rules the discretion to deny membership
based on the applicant’s underlying
financial, operational, or character
issues. Moreover, FICC’s credit risk
matrix enables FICC to place such
applicant directly on FICC’s watch list
for closer monitoring.
(b) Additional Reporting
Requirements. FICC is adding new
language to proposed Rule 3, Section 2
(‘‘Reports by Netting Members’’) that
will require members to provide FICC
with (i) reports from their independent
auditors on internal controls [in revised
Rule 3, Section 2(b)(ii)] and (ii) a copy
of any letter granting an extension of
time by a regulatory authority to a
member with respect to the submission
of a report [in revised Rule 3, Section
2(h), para. 2].
(c) Annual Audited Financial
Statements. FICC is removing the
current requirement in Rule 2, Section
4(a) that audited annual financial
statements submitted by netting
members be ‘‘without qualification.’’
FICC believes that a qualification in an
annual audited financial statement
should not warrant automatic denial of
membership because a qualification
may not always be material. In addition,
the event that triggered a qualification
may have been corrected by the
applicant or member by the time the
applicant or member submits its
financial statement for review by FICC.
Going forward, FICC will analyze
qualifications in GSD netting member
financial statements on a case-by-case
basis.
Other conforming and nonsubstantive changes are being made
within the rules to accommodate this
restructuring and to update crossreferences where applicable.
E:\FR\FM\08AUN1.SGM
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Agencies
[Federal Register Volume 72, Number 152 (Wednesday, August 8, 2007)]
[Notices]
[Pages 44596-44599]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15434]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-56185; File No. SR-BSE-2007-39]
Self-Regulatory Organizations; Boston Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Clarify How the BOX Trading Host Systematically Filters All Orders
Against the National Best Bid and Offer
August 2, 2007.
Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 30, 2007, the Boston Stock Exchange, Inc. (``Exchange'' or
``BSE'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
The Exchange has designated the proposed rule change as a non-
controversial rule change pursuant to section 19(b)(3)(A)(iii) of the
Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposed
rule change effective upon filing with the Commission. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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\30\ 17 CFR 200.30-3(a)(12).
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(iii).
\4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend the rules of the Boston Options
Exchange (``BOX'') to clarify how the BOX Trading Host systematically
filters all orders against the National Best Bid and Offer (``NBBO'')
to ensure that a trade-through to the detriment of the inbound order
does not occur, and that the customer's interests are protected by
making sure that any execution of its order on BOX is at a price at
least as good as the best price available on any of the other options
exchanges. The proposed rule filing also seeks to clarify how BOX
currently processes such orders when the NBBO is either locked or
crossed. The text of the proposed rule change is set forth below; new
text is in italics and deleted text is in brackets.
RULES OF THE BOSTON OPTIONS EXCHANGE FACILITY
Chapter V
Sec. 16 Execution and Price/Time Priority
(a)--No change.
(b) Filtering of BOX In-Bound Orders [to Prevent Trade-Throughs].
i. With the exception of Improvement Orders and Primary Improvement
Orders submitted during a PIP (which are processed in accordance with
section 18 of this Chapter V) and Directed Orders (which are processed
in accordance with section 5, subsections b and c, of Chapter VI)
[A]all inbound orders to BOX (whether on behalf of Customers, non-BOX
Participant broker-dealer proprietary accounts or market makers at
other exchanges) as well as inbound Principal (``P'') and Principal as
Agent (``P/A'') (see Chapter XII, ``Intermarket Linkage Rules'',
herein) orders received via InterMarket Linkage will be filtered by the
Trading Host prior to entry on the BOX Book to ensure that these orders
will not [execute at price outside the current NBBO (``trade-
throughs'').]:
1) in the case of a sell order, execute at a price below the NBBO
bid price
-or-
2) in the case of a buy order, execute at a price above the NBBO
offer price.
All of the filtering rules described in this section are
independent of whether the NBBO is locked or crossed or not, except
where the BOX best price on the same side of the market as the inbound
order has crossed, or is crossed by, the opposite side NBBO, the order
will be routed, if eligible, or rejected immediately.
ii.-iv.--No change.
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.
[[Page 44597]]
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of the proposed rule change is to amend the BOX Rules
to describe how the BOX Trading Host systematically filters all orders
against the NBBO to ensure that a trade-through to the detriment of the
inbound order does not occur. The proposal also describes how
customers' interests are protected by making sure that any execution of
his order on BOX is at a price at least as good as the best price
available on any of the other options exchanges.
BOX's responsibility to the inbound customer or broker-dealer order
is to ensure that its execution is at the best price available across
all markets at that moment. Presently, BOX processes trades
irrespective of whether the NBBO is locked, crossed, or ``normal.'' As
a result of this practice, there is the potential to cause a trade-
through. The purpose of this rule filing is to amend the BOX rules to
recognize that only the price on the side of the NBBO opposite to the
inbound order needs to be taken into account when filtering inbound
orders, regardless of whether the NBBO is locked, crossed, or
``normal,'' and regardless of whether BOX is presently part of the NBBO
on the opposite side from the order. The Exchange has obtained
exemptive relief for any trade-throughs that occur as a result of this
practice.\5\
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\5\ See letter from Elizabeth K. King, Associate Director,
Division of Market Regulation, Commission, to John Katovich, Chief
Legal Officer, Exchange, dated July 30, 2007. See also letter from
John Katovich, Chief Legal Officer, Exchange, to Nancy M. Morris,
Secretary, Commission, dated July 30, 2007.
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The following examples illustrate BOX's proposed processing of NBBO
filtering:
Example 1:
------------------------------------------------------------------------
Bid Offer
------------------------------------------------------------------------
BOX............................. 10 @ 2.00.......... 20 @ 2.10
NBBO............................ 2.00.............. 2.10
BOX Trading Host receives an order to sell 10 ``at market.''
Inbound sell order executed at 2.00 on BOX.
------------------------------------------------------------------------
Example 2:
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\6\ Exposure time will be set according to the NBBO Exposure
time period as referenced in the BOX Rules. See BOX Rules, Chapter
V, Section 16(b)(iii).
------------------------------------------------------------------------
Bid Offer
------------------------------------------------------------------------
BOX............................. 10 @ 2.00.......... 20 @ 2.10
NBBO............................ 2.00............... 2.10
BOX Trading Host receives an order to sell 20 ``at market.''
Inbound sell order executed for 10 at 2.00 on BOX. The remaining ten are
exposed \6\ internally at 2.00 and, if not executed, will be routed to
the exchange disseminating the best price or rejected to sender.
------------------------------------------------------------------------
Example 3:
------------------------------------------------------------------------
Bid Offer
------------------------------------------------------------------------
BOX............................. 10 @ 2.00.......... 20 @ 2.10
NBBO............................ 2.05............... 2.10
BOX Trading Host receives an order to sell 10 ``at market.''
Inbound sell order exposed internally at 2.05 on BOX; and if not
executed, will be routed to the exchange disseminating the best price or
rejected to sender.
------------------------------------------------------------------------
Example 4:
------------------------------------------------------------------------
Bid Offer
------------------------------------------------------------------------
BOX............................. 10 @ 2.00.......... 20 @ 2.10
NBBO............................ 2.00............... 2.00
BOX Trading Host receives an order to sell 10 ``at market.''
Inbound sell order executed at 2.00 on BOX since this is best price
available nationally for a seller.
------------------------------------------------------------------------
Example 5:
------------------------------------------------------------------------
Bid Offer
------------------------------------------------------------------------
BOX............................. 10 @ 2.00.......... 20 @ 2.10
NBBO............................ 2.05............... 2.05
BOX Trading Host receives an order to sell 10 ``at market.''
Inbound sell order exposed internally at 2.05 on BOX; and if not
executed, will be routed to the exchange disseminating the best price or
rejected to sender.
------------------------------------------------------------------------
Example 6:
------------------------------------------------------------------------
Bid Offer
------------------------------------------------------------------------
BOX............................. 10 @ 2.00.......... 20 @ 2.10
NBBO............................ 2.00............... 1.95
BOX Trading Host receives an order to sell 10 ``at market.''
Inbound sell order executed at 2.00 on BOX since this is best price
available nationally for a seller.
------------------------------------------------------------------------
Example 7:
------------------------------------------------------------------------
Bid Offer
------------------------------------------------------------------------
BOX............................. 10 @ 2.00.......... 20 @ 2.10
NBBO............................ 2.00............... 1.95
BOX Trading Host receives an order to sell 20 ``at market.''
Inbound sell order executed for 10 at 2.00 on BOX since this is best
price available nationally for a seller. The remaining 10 are exposed
internally at 2.00, and if not executed, will be routed to the exchange
disseminating the best price or rejected to sender.
------------------------------------------------------------------------
Example 8:
------------------------------------------------------------------------
Bid Offer
------------------------------------------------------------------------
BOX............................. 10 @ 2.00.......... 20 @ 2.10
NBBO............................ 2.05............... 1.95
BOX Trading Host receives an order to sell 10 ``at market.''
Inbound sell order exposed internally at 2.05 on BOX; if not executed,
will be routed to the exchange disseminating the best price or rejected
to sender.
------------------------------------------------------------------------
In the following example (Example 9), the BOX best price on the
same side of the market as the inbound order is crossed by the opposite
side NBBO. In this particular case, it is impractical to expose the
inbound executable order at the opposite NBBO as in the previous
examples since BOX is already showing a better offer (of 2.10 versus
the NBBO exposure price of 2.15) with which nobody has traded.
In this unique circumstance (where the same side BBO on BOX is
crossed by the opposite side NBBO), BOX will immediately route the
order to the exchange disseminating the best price, if possible, or
reject the order back to the sender.
Example 9:
------------------------------------------------------------------------
Bid Offer
------------------------------------------------------------------------
BOX............................. 10 @ 2.00.......... 20 @ 2.10
NBBO............................ 2.15............... 2.05
BOX Trading Host receives an order to sell 10 ``at market.''
Inbound sell order routed immediately to the exchange disseminating the
best price at 2.15 or rejected back to sender.
------------------------------------------------------------------------
As illustrated by the above examples, the BOX NBBO filtering
process ensures that a sell order is never executed on BOX at a price
inferior to the best bid available at the other options exchanges;
similarly, any order to buy an option would not be executed on BOX at
price worse than the best offer available elsewhere at that moment. BOX
believes that in the case of a crossed NBBO, it is in the inbound
customer order's interest to execute at the best price on the opposite
side of the NBBO on BOX, where possible, as this is much quicker than
routing to an away exchange.
In connection with proposed rule change, the Exchange has
respectfully
[[Page 44598]]
requested an exemption, pursuant to Rule 608(e) of Regulation NMS, from
the requirement of Rule 608(c) of Regulation NMS that the Exchange
comply with and enforce compliance by its members with the requirements
of Section 8(c) of the Plan for the Purpose of Creating and Operating
an Intermarket Options Linkage (``the Plan'') in the limited
circumstance where a trade-through occurs due to an execution when the
NBBO is crossed by the disseminated market of another options exchange,
or BOX's disseminated market crosses the NBBO, and BOX's price \7\ on
the opposite side of the market for the incoming order establishes, or
is equal to, the NBBO. To the same extent and subject to the same
limitations, the Exchange has requested exemptive relief from the
requirement in Rule 608(c) of Regulation NMS that the Exchange comply
with section 4(b) of the Plan by enforcing compliance by its members
with the provisions of section 8(c) of the Plan. The Commission has
granted the requested exemption.\8\
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\7\ BOX's price could be either BOX's disseminated price or it
could be a Participant response to the exposure of the incoming
order pursuant to Chapter V, Section 16(b) of BOX Rules. Therefore,
an incoming order during a crossed market must execute at a price
equal to the NBBO on the opposite side of the incoming order.
\8\ See supra note 5.
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2. Statutory Basis
The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act \9\ in general, and Section
6(b)(5) of the Act \10\ in particular, in that it is designed to
promote just and equitable principles of trade, to perfect the
mechanism of a free and open market and the national market system, and
to protect investors and the public interest by clarifying how the BOX
Trading Host systematically filters all orders against the NBBO to
ensure that a trade-through to the detriment of the inbound order does
not occur.
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\9\ 15 U.S.C. 78f(b).
\10\ 15 U.S.C. 78f(b)(5).
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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.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others
The Exchange has 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 Exchange has designated the proposed rule change as one that:
(1) Does not significantly affect the protection of investors or the
public interest; (2) does not impose any significant burden on
competition; and (3) does not become operative for 30 days from the
date of filing, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest.
Therefore, the foregoing rule change has become effective pursuant to
section 19(b)(3)(A) of the Act \11\ and subparagraph (f)(6) of Rule
19b-4 thereunder.\12\ The Exchange has asked the Commission to waive
the operative delay to permit the proposed rule change to become
operative prior to the 30th day after filing so that the Exchange can
clarify the conditions under which BOX provides automatic executions
during times of crossed markets, thus allowing the maximum potential
number of orders to be handled electronically on the Exchange.
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\11\ 15 U.S.C. 78s(b)(3)(A).
\12\ 17 CFR 240.19b-4(f)(6). 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 at least five
business before doing so.
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The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public
interest.\13\ Waiving the delay will allow the Exchange's
clarifications of the operation of the BOX Trading Host's filtering of
orders against the NBBO to become operative immediately. Waiving the
delay will also allow the proposal to become operative simultaneously
with the trade-through exemption granted to the Exchange as of July 30,
2007,\14\ the date the proposed rule change was filed. Therefore, the
Commission designates the proposal operative upon filing.
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\13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
\14\ See supra note 5.
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At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the 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.
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 (https://
www.sec.gov/rules/sro.shtml ); or
Send an e-mail to rule-comments@sec.gov. Please include
File No. SR-BSE-2007-39 on the subject line.
Paper Comments
Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-BSE-2007-39. This file
number should be included on the subject line if e-mail 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 (https://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 inspection and copying in the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of such 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-BSE-2007-39 and should be submitted on
or before August 29, 2007.
[[Page 44599]]
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
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\15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-15434 Filed 8-7-07; 8:45 am]
BILLING CODE 8010-01-P