Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of a Proposed Rule Change Relating to Its Automated Improvement Mechanism, 82016-82017 [2011-33450]

Download as PDF 82016 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Notices 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 FINRA. 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–FINRA–2011–035 and should be submitted on or before January 18, 2012. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.9 Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2011–33488 Filed 12–28–11; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–66038; File No. SR–CBOE– 2011–117] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of a Proposed Rule Change Relating to Its Automated Improvement Mechanism December 22, 2011. 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 December 14, 2011, the 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. wreier-aviles on DSK3TPTVN1PROD with NOTICES I. Self-Regulatory Organization’s Statement of the Terms of the Substance of the Proposed Rule Change The Exchange proposes to amend its rules relating to its Automated Improvement Mechanism (‘‘AIM’’). The text of the proposed rule change is available on the Exchange’s Web site (https://www.cboe.com/AboutCBOE/ CBOELegalRegulatoryHome.aspx), at the Exchange’s Office of the Secretary, and at the Commission. 9 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 1 15 VerDate Mar<15>2010 15:12 Dec 28, 2011 Jkt 226001 II. Self-Regulatory Organization’s Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization 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 self-regulatory organization 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 the Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of this proposed rule change is to amend Rule 6.74A to permit an Initiating TPH to elect to have last priority in AIM’s order allocation. AIM allows a TPH to submit an Agency Order along with a contra-side second order (a principal order or a solicited order for the same size as the Agency Order) into an Auction where other participants could compete with the Initiating TPH’s second order to execute against the Agency Order, which guarantees that the Agency Order will receive an execution.3 Initiating TPHs must submit the Agency Order at the better of the NBBO or the Agency Order’s limit price (if the order is a limit order).4 Once an Auction commences, the Initiating TPH cannot cancel it.5 Upon receipt of an Agency Order (and the Initiating TPH’s second order), the Exchange will commence the Auction by issuing an RFR detailing the side and size of the Agency Order. The RFR period will last for one (1) second.6 At the conclusion of an Auction, an Agency Order will be allocated at the best price(s) in accordance with the applicable matching algorithm rules for that class, subject to the allocation provisions of Rule 6.74A(b)(3). Under this proposal, when submitting an Agency Order to initiate an Auction against a single-price submission, the Initiating TPH will have the opportunity to elect to have last priority in AIM’s order allocation. If the Initiating TPH makes this election, the Initiating TPH would be allocated only the amount of contracts remaining, if any, after the 3 See CBOE Rule 6.74A. CBOE Rule 6.74A(a)(2). 5 See CBOE Rule 6.74A(b)(1)(A). 6 See CBOE Rule 6.74A(b)(1). Several types of events will cause an Auction to conclude. See CBOE Rule 6.74A(b)(2). 4 See PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 Agency Order is allocated to all other Auction participants willing to trade with the Agency Order at the singleprice submission price.7 If it makes this election, the Initiating TPH may not be allocated any contracts, or may be allocated fewer contracts than it would otherwise receive pursuant to Rule 6.74A(b)(3)(F) (generally 40%). As an example, suppose an Initiating TPH submits to an Auction an Agency Order for 1,000 contracts and makes the election described above: • If at the conclusion of the Auction, other Auction participants are willing to trade with 800 of these contracts at the single-price submission price or better price(s) resulting from the Auction, then the Initiating TPH will be allocated the remaining 200 contracts (or 20%) for execution against its contra-side order at its specified single price. • If at the conclusion of the Auction, other Auction participants are willing to trade with 600 of these contracts at the single-price submission price or better price(s) resulting from the Auction, then the Initiating TPH will be allocated the remaining 400 contracts (or 40%) for execution against its contra-side order at its specified single price. • If at the conclusion of the Auction, other Auction participants are willing to trade with 400 of these contracts at the single-price submission price or better price(s) resulting from the Auction, then the Initiating TPH will be allocated 600 contracts for execution against its contra-side order at its specified single price. • If at the conclusion of the Auction, other Auction participants are willing to trade with the entire Agency Order at the single-price submission price or better price(s) resulting from the Auction, then the Initiating TPH will be allocated no contracts. Under this proposal, Agency Orders submitted to AIM will continue to be guaranteed execution at a price at least as good as the NBBO while providing the opportunity for execution at a price better than the NBBO. The Exchange believes this proposal will incent more TPHs to initiate Auctions, because the additional flexibility encourages increased participation by TPHs willing to trade with Agency Orders at the NBBO but 7 The Exchange notes that Chapter V, Section 18(f)(v), The Price Improvement Period (‘‘PIP’’), of the Rules of the Boston Exchange Group, LLC includes a similar provision that permits an options participant initiating a PIP auction to designate a lower amount for which it will retain certain priority and trade allocation privileges upon the conclusion of the PIP auction than the 40% of the PIP order to which the initiating options participant is otherwise entitled pursuant to PIP’s allocation order. E:\FR\FM\29DEN1.SGM 29DEN1 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Notices not at a price better than the NBBO and by TPHs willing to facilitate and stop a customer order at a particular price even when there is not a desire to trade against any or all of the customer order. Additionally, this proposal provides the possibility that other TPHs may receive increased order allocations through AIM, which the Exchange believes could increase participation in Auctions. The Exchange believes that this proposal may ultimately provide additional opportunities for price improvement over the NBBO for its customers. 2. Statutory Basis The Exchange believes the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange and, in particular, the requirements of Section 6(b) of the Act8. 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 promote just and equitable principles of trade, to prevent fraudulent and manipulative acts, to remove impediments to and to perfect the mechanism for a free and open market and a national market system, and, in general, to protect investors and the public interest. In particular, the Exchange believes this proposed rule change is a reasonable modification designed to provide additional flexibility for TPHs to obtain executions on behalf of their customers while continuing to provide meaningful, competitive Auctions. The Exchange also believes that the proposed rule change will increase the number of and participation in Auctions, which will ultimately enhance competition in the AIM Auctions and provide customers with additional opportunities for price improvement. wreier-aviles on DSK3TPTVN1PROD with NOTICES 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 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 No written comments were solicited or received with respect to the proposed rule change. 8 15 9 15 U.S.C. 78f(b). U.S.C. 78f(b)(5). VerDate Mar<15>2010 15:12 Dec 28, 2011 Jkt 226001 III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 45 days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory organization consents, the Commission will: (A) By order approve or disapprove such proposed rule change, or (B) institute proceedings to determine whether the proposed rule change should be disapproved. 82017 available for inspection and copying at the principal office of the CBOE. 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–2011–117, and should be submitted on or before January 19, 2012. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10 Kevin M. O’Neill, Deputy Secretary. 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: [FR Doc. 2011–33450 Filed 12–28–11; 8:45 am] Electronic Comments Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of a Proposed Rule Change Related to FLEX Options • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml ); or • Send an email to rulecomments@sec.gov. Please include File Number SR–CBOE–2011–117 on the subject line. Paper Comments • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549–1090. All submissions should refer to File Number SR–CBOE–2011–117. 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 (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 Web site viewing and printing in the Commission’s Public Reference Room on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–66035; File No. SR–CBOE– 2011–122] December 22, 2011. 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 December 12, 2011, the Chicago Board Options Exchange, Incorporated (‘‘Exchange’’ or ‘‘CBOE’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange is proposing to amend certain rules pertaining to the electronic trading of Flexible Exchange Options (‘‘FLEX Options’’) on the Exchange’s FLEX Hybrid Trading System platform.3 10 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 FLEX Options provide investors with the ability to customize basic option features including size, expiration date, exercise style, and certain exercise prices. FLEX Options can be FLEX Index Options or FLEX Equity Options. In addition, other products are permitted to be traded pursuant to the FLEX trading procedures. For example, credit options are eligible for trading as FLEX Options pursuant to the 1 15 E:\FR\FM\29DEN1.SGM Continued 29DEN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Notices]
[Pages 82016-82017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33450]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66038; File No. SR-CBOE-2011-117]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of a Proposed Rule Change Relating to
Its Automated Improvement Mechanism

December 22, 2011.
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 December 14, 2011, the 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 the
Substance of the Proposed Rule Change

The Exchange proposes to amend its rules relating to its Automated
Improvement Mechanism (``AIM''). The text of the proposed rule change
is available on the Exchange's Web site (https://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission.

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

In its filing with the Commission, the self-regulatory organization
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 self-regulatory organization
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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
The purpose of this proposed rule change is to amend Rule 6.74A to
permit an Initiating TPH to elect to have last priority in AIM's order
allocation. AIM allows a TPH to submit an Agency Order along with a
contra-side second order (a principal order or a solicited order for
the same size as the Agency Order) into an Auction where other
participants could compete with the Initiating TPH's second order to
execute against the Agency Order, which guarantees that the Agency
Order will receive an execution.\3\ Initiating TPHs must submit the
Agency Order at the better of the NBBO or the Agency Order's limit
price (if the order is a limit order).\4\ Once an Auction commences,
the Initiating TPH cannot cancel it.\5\ Upon receipt of an Agency Order
(and the Initiating TPH's second order), the Exchange will commence the
Auction by issuing an RFR detailing the side and size of the Agency
Order. The RFR period will last for one (1) second.\6\ At the
conclusion of an Auction, an Agency Order will be allocated at the best
price(s) in accordance with the applicable matching algorithm rules for
that class, subject to the allocation provisions of Rule 6.74A(b)(3).
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\3\ See CBOE Rule 6.74A.
\4\ See CBOE Rule 6.74A(a)(2).
\5\ See CBOE Rule 6.74A(b)(1)(A).
\6\ See CBOE Rule 6.74A(b)(1). Several types of events will
cause an Auction to conclude. See CBOE Rule 6.74A(b)(2).
---------------------------------------------------------------------------

Under this proposal, when submitting an Agency Order to initiate an
Auction against a single-price submission, the Initiating TPH will have
the opportunity to elect to have last priority in AIM's order
allocation. If the Initiating TPH makes this election, the Initiating
TPH would be allocated only the amount of contracts remaining, if any,
after the Agency Order is allocated to all other Auction participants
willing to trade with the Agency Order at the single-price submission
price.\7\ If it makes this election, the Initiating TPH may not be
allocated any contracts, or may be allocated fewer contracts than it
would otherwise receive pursuant to Rule 6.74A(b)(3)(F) (generally
40%).
---------------------------------------------------------------------------

\7\ The Exchange notes that Chapter V, Section 18(f)(v), The
Price Improvement Period (``PIP''), of the Rules of the Boston
Exchange Group, LLC includes a similar provision that permits an
options participant initiating a PIP auction to designate a lower
amount for which it will retain certain priority and trade
allocation privileges upon the conclusion of the PIP auction than
the 40% of the PIP order to which the initiating options participant
is otherwise entitled pursuant to PIP's allocation order.
---------------------------------------------------------------------------

As an example, suppose an Initiating TPH submits to an Auction an
Agency Order for 1,000 contracts and makes the election described
above:
If at the conclusion of the Auction, other Auction
participants are willing to trade with 800 of these contracts at the
single-price submission price or better price(s) resulting from the
Auction, then the Initiating TPH will be allocated the remaining 200
contracts (or 20%) for execution against its contra-side order at its
specified single price.
If at the conclusion of the Auction, other Auction
participants are willing to trade with 600 of these contracts at the
single-price submission price or better price(s) resulting from the
Auction, then the Initiating TPH will be allocated the remaining 400
contracts (or 40%) for execution against its contra-side order at its
specified single price.
If at the conclusion of the Auction, other Auction
participants are willing to trade with 400 of these contracts at the
single-price submission price or better price(s) resulting from the
Auction, then the Initiating TPH will be allocated 600 contracts for
execution against its contra-side order at its specified single price.
If at the conclusion of the Auction, other Auction
participants are willing to trade with the entire Agency Order at the
single-price submission price or better price(s) resulting from the
Auction, then the Initiating TPH will be allocated no contracts.
Under this proposal, Agency Orders submitted to AIM will continue
to be guaranteed execution at a price at least as good as the NBBO
while providing the opportunity for execution at a price better than
the NBBO.
The Exchange believes this proposal will incent more TPHs to
initiate Auctions, because the additional flexibility encourages
increased participation by TPHs willing to trade with Agency Orders at
the NBBO but

[[Page 82017]]

not at a price better than the NBBO and by TPHs willing to facilitate
and stop a customer order at a particular price even when there is not
a desire to trade against any or all of the customer order.
Additionally, this proposal provides the possibility that other TPHs
may receive increased order allocations through AIM, which the Exchange
believes could increase participation in Auctions. The Exchange
believes that this proposal may ultimately provide additional
opportunities for price improvement over the NBBO for its customers.
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the requirements of the Act and the rules and regulations thereunder
applicable to a national securities 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
promote just and equitable principles of trade, to prevent fraudulent
and manipulative acts, to remove impediments to and to perfect the
mechanism for a free and open market and a national market system, and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

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

In particular, the Exchange believes this proposed rule change is a
reasonable modification designed to provide additional flexibility for
TPHs to obtain executions on behalf of their customers while continuing
to provide meaningful, competitive Auctions. The Exchange also believes
that the proposed rule change will increase the number of and
participation in Auctions, which will ultimately enhance competition in
the AIM Auctions and provide customers with additional opportunities
for price improvement.

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 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

No written comments were solicited or received with respect to the
proposed rule change.

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

Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
(A) By order approve or disapprove such proposed rule change, or (B)
institute proceedings to determine whether the proposed rule change
should be 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 (https://www.sec.gov/rules/sro.shtml ); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-CBOE-2011-117 on the subject line.

Paper Comments

Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2011-117. 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 (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 Web site
viewing and printing in the Commission's Public Reference Room 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 CBOE. 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-2011-117, and should be submitted on or before
January 19, 2012.

For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

\10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-33450 Filed 12-28-11; 8:45 am]
BILLING CODE 8011-01-P

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