Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of Amendment Nos. 1 and 2 and Designation of Longer Period for Commission Action on Proposed Rule Change, as Modified by Amendment Nos. 1 and 2, To Amend Rule 6.53(u), 33868-33869 [2013-13277]
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33868
Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Notices
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–69675; File No. SR–CBOE–
2013–041)
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing of
Amendment Nos. 1 and 2 and
Designation of Longer Period for
Commission Action on Proposed Rule
Change, as Modified by Amendment
Nos. 1 and 2, To Amend Rule 6.53(u)
May 30, 2013.
On March 28, 2013, Chicago Board
Options Exchange, Incorporated
(‘‘Exchange’’ or ‘‘CBOE’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to
amend CBOE Rule 6.53(u), which
governs Qualified Contingent Cross
(‘‘QCC’’) Orders. The proposed rule
change would allow QCC Orders with
more than one option leg to be entered
in the increments specified for complex
orders under CBOE Rule 6.42. The
proposed rule change was published for
comment in the Federal Register on
April 16, 2013.3 The Commission has
received no comment letters on the
proposal. On April 18, 2013, CBOE filed
Amendment No. 1 to the proposed rule
change.4 On May 29, 2013, CBOE filed
Amendment No. 2 to the proposed rule
change.5 The Commission is publishing
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 69360
(April 10, 2013), 78 FR 22591 (‘‘Notice’’).
4 In Amendment No. 1, CBOE added an
additional paragraph at the end of the purpose
section stating that: (1) A QCC Order with multiple
legs is a form of a complex order and should be able
to be entered in $0.01 increments, as non-QCC
complex orders can currently be entered in $0.01
increments; and (2) such orders still cannot trade
unless they are at or between the NBBO and the
opportunity to trade QCC Orders with multiple legs
in $0.01 increments provides an opportunity for
price improvement at this smaller increment level.
The paragraph added in Amendment No. 1 was
deleted and replaced by language added in
Amendment No. 2. See note 5 infra. The text of
Amendment No. 1 is available on CBOE’s Web site
(https://www.cboe.com/AboutCBOE/
CBOELegalRegulatoryHome.aspx), at CBOE’s Office
of the Secretary, and at the Commission’s Public
Reference Room.
5 In Amendment No. 2, CBOE replaced the
paragraph added by Amendment No. 1 with two
paragraphs at the end of the purpose section stating
that: (1) Were it not for language in CBOE Rule
6.53(u) that limits the entry of QCC Orders to the
standard increments applicable to simple orders in
the options class of each leg, QCC Orders with
multiple legs would be allowed to be traded in
$0.01 increments under CBOE Rule 6.42; (2) the
nature of the pricing of a complex order, whether
a QCC Order or otherwise, is such that the pricing
is based on the relative price of one option versus
mstockstill on DSK4VPTVN1PROD with NOTICES
2 17
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16:43 Jun 04, 2013
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this notice to solicit comments on the
proposed rule change, as modified by
Amendment Nos. 1 and 2, from
interested persons, and to designate a
longer period for Commission action on
the proposed rule change, as modified
by Amendment Nos. 1 and 2.
I. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change, as modified by Amendment
Nos. 1 and 2, 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 rulecomments@sec.gov. Please include File
Number SR–CBOE–2013–041 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–2013–041. 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
another and thus the standard increment of trading
of a complex order’s individual options legs is less
relevant to the pricing of the complex order; (3) the
proposed amendment to permit QCC Orders with
more than one option leg to be entered in the
increments specified for complex orders under
CBOE Rule 6.42 (i.e., $0.01 increments) would put
the trading of QCC Orders with multiple legs on the
same footing as the trading of other types of
complex orders; (4) pursuant to CBOE Rule
6.53(u)(ii), each options leg of a complex QCC
Order cannot trade unless each leg provides price
improvement over a public customer order resting
in the electronic book and is at or between the
NBBO, and to date, CBOE has never had to reject
a submitted complex QCC Order because it would
have violated either of these principles; and (5)
permitting the trading of QCC Orders with multiple
legs in $0.01 increments would provide an
opportunity for price improvement at this smaller
increment level. The text of Amendment No. 2 is
available on CBOE’s Web site (https://
www.cboe.com/AboutCBOE/
CBOELegalRegulatoryHome.aspx), at CBOE’s Office
of the Secretary, and at the Commission’s Public
Reference Room.
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
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 such
filing also will be available for
inspection and copying at the principal
offices 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–
2013–041, and should be submitted on
or before June 26, 2013.
II. Designation of a Longer Period for
Commission Action
Section 19(b)(2) of the Act 6 provides
that within 45 days of the publication of
notice of the filing of a proposed rule
change, or within such longer period up
to 90 days as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or as to which the
self-regulatory organization consents,
the Commission shall either approve the
proposed rule change, disapprove the
proposed rule change, or institute
proceedings to determine whether these
proposed rule changes should be
disapproved. The 45th day for this filing
is May 31, 2013.
The Commission is extending the 45day time period for Commission action
on the proposed rule change, as
modified by Amendment Nos. 1 and 2.
The Commission finds that it is
appropriate to designate a longer period
within which to take action on the
proposed rule change so that it has
sufficient time to consider and take
action on the Exchange’s proposed rule
change, as modified by Amendment
Nos. 1 and 2.
Accordingly, pursuant to Section
19(b)(2)(A)(ii)(I) of the Act 7 and for the
reasons stated above, the Commission
designates July 15, 2013, as the date by
which the Commission should either
approve or disapprove, or institute
proceedings to determine whether to
disapprove, the proposed rule change,
6 15
7 15
E:\FR\FM\05JNN1.SGM
U.S.C. 78s(b)(2).
U.S.C. 78s(b)(2)(A)(ii)(I).
05JNN1
Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Notices
as modified by Amendment Nos. 1 and
2, File Number SR–CBOE–2013–041.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–13277 Filed 6–4–13; 8:45 am]
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–69674; File No. SR–
NYSEArca–2013–54]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending Exchange
Rule 6.91 To Remove Provisions
Governing How the Complex Matching
Engine Handles Electronic Complex
Orders That Contain a Stock Leg
May 30, 2013.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on May 17,
2013, NYSE Arca, Inc. (the ‘‘Exchange’’
or ‘‘NYSE Arca’’) 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 self-regulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
mstockstill on DSK4VPTVN1PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes to amend
Exchange Rule 6.91 to remove
provisions governing how the Complex
Matching Engine (‘‘CME’’) handles
Electronic Complex Orders that contain
a stock leg. The text of the proposed rule
change is available on the Exchange’s
Web site at www.nyse.com, at the
principal office of the Exchange, 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
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
8 17
CFR 200.30–3(a)(12) and (31).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
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16:43 Jun 04, 2013
Jkt 229001
and discussed any comments it received
on the proposed rule change. The text
of those 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 parts of such
statements.
1. Purpose
The Exchange is proposing to amend
NYSE Arca Rule 6.91 to delete
provisions governing CME functionality
for Electronic Complex Orders 4
containing a stock leg submitted to the
Exchange by OTP Holders. Exchange
Rule 6.91(a) provides that Electronic
Complex Orders that are entered into
the NYSE Arca system are routed to the
CME for possible execution. Provisions
governing the functioning of the CME
were originally incorporated in Rule
6.91 in 2008.5 The Rule, amended in
2011,6 states that the execution of the
stock component of a Complex Order
must be executed consistent with the
rules of the stock execution venue, and
sets out the priority ranking used by
Exchange systems to execute Stock/
Option Orders,7 Stock/Complex
Orders,8 and the option components of
such orders.
4 An ‘‘Electronic Complex Order’’ is any Complex
Order, as defined in Exchange Options Rule 6.62(e),
or Stock/Option Order or Stock/Complex Order, as
defined in Rule 6.62(h) (see, infra, footnotes 6 and
7). Rule 6.62(e) defines a Complex Order as any
order involving the simultaneous purchase and/or
sale of two or more different option series in the
same underlying security, for the same account, in
a ratio that is equal to or greater than one-to-three
(.333) and less than or equal to three-to-one (3.00)
and for the purpose of executing a particular
investment strategy. Exchange Options Rule 6.62
governs Complex Orders, Stock/Option Orders and
Stock/Complex Orders on the Exchange and Rule
6.92 lists definitions applicable to intermarket
linkage.
5 See Securities Exchange Act Release No. 58174
(July 16, 2008), 73 FR 42640 (July 22, 2008) (SR–
NYSEArca–2008–54) (order granting approval).
6 See Securities Exchange Act Release No. 63660
(Jan. 6. 2011), 76 FR 2183 (Jan. 12, 2011) (SR–
NYSEArca–2010–124) (notice of filing and
immediate effectiveness).
7 A Stock/Option Order is defined in Rule
6.62(h)(1) as an order to buy or sell a stated number
of units of an underlying stock or a security
convertible into the underlying stock coupled with
the purchase or sale of options contract(s) on the
opposite side of the market representing either (A)
the same number of units of the underlying stock
or convertible security, or (B) the number of units
of the underlying stock necessary to create a delta
neutral position, but in no case in a ratio greater
than eight options contracts per unit of trading of
the underlying stock or convertible security
established for that series by the Clearing
Corporation.
8 A Stock/Complex Order is defined in Rule
6.62(h)(2) as the purchase or sale of a Complex
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
33869
The Exchange is proposing to amend
Rule 6.91 to delete provisions governing
how the CME processes Electronic
Complex Orders that contain a stock leg.
Two types of Electronic Complex
Orders, Stock/Option Orders and Stock/
Complex Orders, contain a stock leg.
Rule 6.91(a)(2)(i) provides that ‘‘the
CME will accept an incoming Electronic
Complex Order and will automatically
execute it against Electronic Complex
Orders in the Consolidated Book.’’ Rule
6.91(a)(2)(ii) further provides that ‘‘[i]f
an Electronic Complex Order in the
CME is not marketable against another
Electronic Complex Order it will
automatically execute against individual
orders or quotes residing in the
Consolidated Book,’’ subject to specified
conditions. The CME, however, rejects
Electronic Complex Orders that contain
a stock leg. The development and
implementation of the technology
supporting the CME’s capability to
accept Electronic Complex Orders that
contain a stock leg has taken longer than
anticipated to complete and is not yet
available. The Exchange is therefore
proposing to delete from the Rule those
provisions that permit the CME to
accept Electronic Complex Orders that
contain a stock leg.
The Exchange expects that this CME
functionality will not be ready until the
Fall of 2013. The Exchange therefore
believes it is appropriate to delete from
Rule 6.91 provisions governing the
described functionality until such time
as it is ready to be implemented. In
addition, the Exchange is proposing the
deletion of Commentary .03 to Rule 6.91
to conform the Rule’s Commentary to
the proposed amendments to the Rule.
When the CME functionality to support
the acceptance of a Stock/Option Order
or Stock/Complex Order is ready to be
implemented, the Exchange will file a
rule proposal to add back the provisions
relating to the functionality, amended as
necessary to reflect how such
functionality would operate. The use of
Stock/Option and Stock/Complex
Orders in open outcry trading on the
Exchange Floor remains available to
OTP Holders and is not impacted by the
proposed amendment to Rule 6.91,
Order coupled with an order to buy or sell a stated
number of units of an underlying stock or a security
convertible into the underlying stock (‘‘convertible
security’’) representing either (A) the same number
of units of the underlying stock or convertible
security as are represented by the options leg of the
Complex Order with the least number of options
contracts, or (B) the number of units of the
underlying stock necessary to create a delta neutral
position, but in no case in a ratio greater than eightto-one (8.00), where the ratio represents the total
number of units of the underlying stock or
convertible security in the option leg to the total
number of units of the underlying stock or
convertible security in the stock leg.
E:\FR\FM\05JNN1.SGM
05JNN1
Agencies
[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Notices]
[Pages 33868-33869]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13277]
[[Page 33868]]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-69675; File No. SR-CBOE-2013-041)
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of Amendment Nos. 1 and 2 and
Designation of Longer Period for Commission Action on Proposed Rule
Change, as Modified by Amendment Nos. 1 and 2, To Amend Rule 6.53(u)
May 30, 2013.
On March 28, 2013, Chicago Board Options Exchange, Incorporated
(``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend CBOE Rule 6.53(u), which
governs Qualified Contingent Cross (``QCC'') Orders. The proposed rule
change would allow QCC Orders with more than one option leg to be
entered in the increments specified for complex orders under CBOE Rule
6.42. The proposed rule change was published for comment in the Federal
Register on April 16, 2013.\3\ The Commission has received no comment
letters on the proposal. On April 18, 2013, CBOE filed Amendment No. 1
to the proposed rule change.\4\ On May 29, 2013, CBOE filed Amendment
No. 2 to the proposed rule change.\5\ The Commission is publishing this
notice to solicit comments on the proposed rule change, as modified by
Amendment Nos. 1 and 2, from interested persons, and to designate a
longer period for Commission action on the proposed rule change, as
modified by Amendment Nos. 1 and 2.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 69360 (April 10,
2013), 78 FR 22591 (``Notice'').
\4\ In Amendment No. 1, CBOE added an additional paragraph at
the end of the purpose section stating that: (1) A QCC Order with
multiple legs is a form of a complex order and should be able to be
entered in $0.01 increments, as non-QCC complex orders can currently
be entered in $0.01 increments; and (2) such orders still cannot
trade unless they are at or between the NBBO and the opportunity to
trade QCC Orders with multiple legs in $0.01 increments provides an
opportunity for price improvement at this smaller increment level.
The paragraph added in Amendment No. 1 was deleted and replaced by
language added in Amendment No. 2. See note 5 infra. The text of
Amendment No. 1 is available on CBOE's Web site (https://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at CBOE's
Office of the Secretary, and at the Commission's Public Reference
Room.
\5\ In Amendment No. 2, CBOE replaced the paragraph added by
Amendment No. 1 with two paragraphs at the end of the purpose
section stating that: (1) Were it not for language in CBOE Rule
6.53(u) that limits the entry of QCC Orders to the standard
increments applicable to simple orders in the options class of each
leg, QCC Orders with multiple legs would be allowed to be traded in
$0.01 increments under CBOE Rule 6.42; (2) the nature of the pricing
of a complex order, whether a QCC Order or otherwise, is such that
the pricing is based on the relative price of one option versus
another and thus the standard increment of trading of a complex
order's individual options legs is less relevant to the pricing of
the complex order; (3) the proposed amendment to permit QCC Orders
with more than one option leg to be entered in the increments
specified for complex orders under CBOE Rule 6.42 (i.e., $0.01
increments) would put the trading of QCC Orders with multiple legs
on the same footing as the trading of other types of complex orders;
(4) pursuant to CBOE Rule 6.53(u)(ii), each options leg of a complex
QCC Order cannot trade unless each leg provides price improvement
over a public customer order resting in the electronic book and is
at or between the NBBO, and to date, CBOE has never had to reject a
submitted complex QCC Order because it would have violated either of
these principles; and (5) permitting the trading of QCC Orders with
multiple legs in $0.01 increments would provide an opportunity for
price improvement at this smaller increment level. The text of
Amendment No. 2 is available on CBOE's Web site (https://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at CBOE's
Office of the Secretary, and at the Commission's Public Reference
Room.
---------------------------------------------------------------------------
I. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as modified by Amendment Nos. 1 and 2, 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-2013-041 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-2013-041. 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, 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 such filing also will be available
for inspection and copying at the principal offices 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-2013-041,
and should be submitted on or before June 26, 2013.
II. Designation of a Longer Period for Commission Action
Section 19(b)(2) of the Act \6\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether these proposed rule changes should be disapproved.
The 45th day for this filing is May 31, 2013.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------
The Commission is extending the 45-day time period for Commission
action on the proposed rule change, as modified by Amendment Nos. 1 and
2. The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider and take action on the Exchange's
proposed rule change, as modified by Amendment Nos. 1 and 2.
Accordingly, pursuant to Section 19(b)(2)(A)(ii)(I) of the Act \7\
and for the reasons stated above, the Commission designates July 15,
2013, as the date by which the Commission should either approve or
disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change,
[[Page 33869]]
as modified by Amendment Nos. 1 and 2, File Number SR-CBOE-2013-041.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(2)(A)(ii)(I).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------
\8\ 17 CFR 200.30-3(a)(12) and (31).
---------------------------------------------------------------------------
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-13277 Filed 6-4-13; 8:45 am]
BILLING CODE 8011-01-P