Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Amending Rule 8.2(d), 2455-2457 [2015-00624]
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Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Notices
advance is reasonable because it allows
FICC to use amounts collected in a
targeted manner to develop this specific
service, rather than raising overall fees,
where the amount collected over any
given period may vary based on
transaction volumes and clearing
members will have less certainty as to
the amounts they will pay.
(B) Clearing Agency’s Statement on
Burden on Competition
FICC does not believe that the
proposed rule change will have any
impact, or impose any burden, on
competition. As noted above, the
development fees will be applied fairly
among the clearing members because
each clearing member or family of
members, as applicable, will be charged
an amount that is consistent with the
previous year’s fees, which is directly
correlated to the member’s or family’s
usage of MBSD’s clearing and settlement
service. FICC does not believe that
calculating the proposed development
fee with respect to a family of members,
where applicable, imposes a burden on
competition. If FICC assessed the
proposed development fee on an
individual entity without regard to the
activity of its family members, it is
possible that the family of members
would be charged a significantly higher
fee for the same amount of activity
conducted by a single firm with no
family members in MBSD (which would
result in the fee being cost prohibitive
for the family). This aspect of the
development fee has been discussed
with the MBSD members and no
member raised an issue in this regard.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
(C) Clearing Agency’s Statement on
Comments on the Proposed Rule
Change Received From Members,
Participants, or Others
Written comments relating to the
proposed rule change have not yet been
solicited or received. FICC will notify
the Commission of any written
comments received by FICC.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The forgoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act 13 and Rule
19b–4(f)(2) 14 thereunder. At any time
within 60 days of the filing of the
proposed rule change, the Commission
summarily may temporarily suspend
such rule change if it appears to the
Commission that such action is
necessary or appropriate in the public
13 15
U.S.C. 78s(b)(3)(A)(ii).
14 17 CFR 240.19b–4(f)(2).
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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:
2455
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Brent J. Fields,
Secretary.
[FR Doc. 2015–00576 Filed 1–15–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
[Release No. 34–74038; File No. SR–C2–
2014–028]
• 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–
FICC–2014–12 on the subject line.
Self-Regulatory Organizations; C2
Options Exchange, Incorporated;
Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change Relating to Amending Rule
8.2(d)
Paper Comments
January 13, 2015.
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–FICC–2014–12. 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 the
filing also will be available for
inspection and copying at the principal
office of FICC and on its Web site
(https://www.dtcc.com/legal/sec-rulefilings.aspx). 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–FICC–
2014–12 and should be submitted on or
before February 6, 2015.
PO 00000
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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
31, 2014, C2 Options Exchange,
Incorporated (the ‘‘Exchange’’ or ‘‘C2’’)
filed with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the Exchange. The
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 remove
the registration cost of SPXPM from
Exchange Rule 8.2(d) as this class of
options is no longer listed or traded on
the Exchange. The text of the proposed
rule change is provided below.
(additions are italicized; deletions are
[bracketed])
*
*
*
*
*
C2 Options Exchange, Incorporated
Rules
*
*
*
*
*
Rule 8.2. Continuing Market-Maker
Registration
(a)–(c) No change.
(d) Market-Maker Option Class
Registration. Absent an exemption by
the Exchange, an option class
registration of a Market-maker confers
the right to quote in that product. A
Market-Maker may change its registered
classes upon advance notification to the
Exchange in a form and manner
prescribed by the Exchange.
15 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\16JAN1.SGM
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2456
Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Notices
dates for which the exercise settlement
value will be [sic] based on the index
value derived from the closing prices of
component securities (‘‘P.M. settled’’)
on C2 on a pilot basis.3 As a result of
the Commission’s approval to list and
trade SPXPM options on C2, the
Exchange filed a subsequent rule filing
to amend 8.2(d) to include the
Registration registration cost for SPXPM.4
Option class
cost
Pursuant to Exchange Rule 8.2, an
option class registration of a Market[SPXPM] ...................................
[1.0] Maker confers the right to quote in that
All [other] options ......................
.001
product. Each Trading Permit held by a
(e) No change.
Market-Maker has a registration credit of
1.0. A Market-Maker may select for
*
*
*
*
*
trading any combination of available
The text of the proposed rule change
option classes whose aggregate is 1.0 for
is also available on the Exchange’s Web
site (https://www.cboe.com/AboutCBOE/ each Trading Permit held. Since the
Exchange has ceased the listing and
CBOELegalRegulatoryHome.aspx), at
trading of SPXPM, the Exchange is
the Exchange’s Office of the Secretary,
proposing to amend Rule 8.2(d) to
and at the Commission’s Public
delete the language that lists SPXPM
Reference Room.
and its registration cost of 1.0. There is
II. Self-Regulatory Organization’s
no need for the registration cost of
Statement of the Purpose of, and
SPXPM to be listed under Rule 8.2(d) as
Statutory Basis for, the Proposed Rule
this class of options is no longer traded
Change
on the Exchange. The Exchange is
proposing the proposed change to
In its filing with the Commission, the
harmonize the Exchange Rules with the
Exchange included statements
current practices of the Exchange.
concerning the purpose of and basis for
the proposed rule change and discussed 2. Statutory Basis
any comments it received on the
The Exchange believes the proposed
proposed rule change. The text of these
rule change is consistent with the
statements may be examined at the
Securities Exchange Act of 1934 (the
places specified in Item IV below. The
‘‘Act’’) and the rules and regulations
Exchange has prepared summaries, set
thereunder applicable to the Exchange
forth in sections A, B, and C below, of
and, in particular, the requirements of
the most significant aspects of such
Section 6(b) of the Act.5 Specifically,
statements.
the Exchange believes the proposed rule
Each Trading permit held by a
Market-Maker has a registration credit of
1.0. A Market-Maker may select for each
Trading Permit the Market-Maker holds
any combination of option classes,
whose aggregate registration cost does
not exceed 1.0. Option class
‘‘registration costs’’ are set forth below:
asabaliauskas on DSK5VPTVN1PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange is proposing to amend
its Rule 8.2(d) regarding registration
costs. In the current Exchange Rules,
Rule 8.2 describes the registration
process and corresponding registration
costs for Trading Permit Holders
(‘‘TPHs’’) on C2. Exchange Rule 8.2(d)
lists the registration cost for options
classes traded on C2. SPXPM has a
registration cost of 1.0, which requires
its own Trading Permit. However,
SPXPM is no longer a class of options
that is traded on C2 and the Exchange
is proposing to update Exchange Rule
8.2(d) to reflect that change and to add
clarity to the Exchange Rules.
By way of background, the Exchange
was granted permission by the
Commission in 2011 to list and trade
Standard & Poor’s 500 Index (‘‘S&P
500’’) options with third-Friday-of-themonth (‘‘Expiration Friday’’) expiration
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17:36 Jan 15, 2015
Jkt 235001
change is consistent with the Section
6(b)(5) 6 requirements that the rules of
an exchange be designed to prevent
fraudulent and manipulative acts and
practices, to promote just and equitable
principles of trade, to foster cooperation
and coordination with persons engaged
in regulating, clearing, settling,
processing information with respect to,
and facilitating transactions in
securities, to remove impediments to
and perfect the mechanism of a free and
open market and a national market
3 See
Securities Exchange Act Release No. 34–
65256 (September 2, 2011), 76 FR 175 [sic]
(September 9, 2011) (SR–C2–2011–008) (order
approving listing and trading SPXPM on C2 on a
pilot basis); see also Securities Exchange Act
Release No. 34–68888 (February 8, 2013), 78 FR 31
[sic] (February 14, 2013) (SR–CBOE–2012–120)
(order approving listing and trading SPXPM on
CBOE on a pilot basis). C2 ceased trading SPXPM
on February 19, 2013.
4 See Securities Exchange Act Release No. 34–
65452 (September 30, 2011), 76 FR 194 [sic]
(October 6, 2011) (SR–C2–2011–023) (immediately
effective filing establishing Market-Maker
registration costs for SPXPM options).
5 15 U.S.C. 78f(b).
6 15 U.S.C. 78f(b)(5).
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
system, and, in general, to protect
investors and the public interest.
Additionally, the Exchange believes the
proposed rule change is consistent with
the Section 6(b)(5) 7 requirement that
the rules of an exchange not be designed
to permit unfair discrimination between
customers, issuers, brokers, or dealers.
In particular, the Exchange believes
that the proposed rule filing will more
specifically state the options classes that
are traded on C2 and their
corresponding registration costs for
TPHs. The Exchange believes the
proposed change is consistent with the
Act in that it is merely updating an
Exchange Rule to align with the current
practices of the Exchange to avoid
confusion with respect to registration
costs for Market-Makers on C2. In
addition, the proposed filing is not
unfairly discriminating because SPXPM
is no longer traded on C2 and as a
result, the removal of SPXPM from the
registration costs provided in 8.2(d) will
be applied to all Market-Makers on C2.
Finally, the proposed filing protects
investors and the public interest by
relieving confusion that might otherwise
arise by having an obsolete reference in
the CBOE [sic] Rule Book.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
C2 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. In particular, the
Exchange does not believe that the
proposed rule filing will place any
burden on intermarket competition
because SPXPM is no longer an option
class that is traded on C2 and thus, the
change will be applied equally to all
Market-Makers registered to trade on C2.
Additionally, the Exchange does not
believe that the proposed rule filing will
place any burden on intermarket
competition because it is merely
updating the Exchange rules to
harmonize them with the current
practices of the Exchange.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange neither solicited nor
received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
7 Id.
E:\FR\FM\16JAN1.SGM
16JAN1
Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Notices
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 8 and Rule 19b–
4(f)(6) 9 thereunder.
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission will institute proceedings
to determine whether the proposed rule
change should be approved or
disapproved.
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:
asabaliauskas on DSK5VPTVN1PROD with NOTICES
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–
C2–2014–028 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–C2–2014–028. 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 will also be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–C2–
2014–028 and should be submitted on
or before February 6, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Brent J. Fields,
Secretary.
[FR Doc. 2015–00624 Filed 1–15–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74036; File No. SR–
NYSEMKT–2014–97]
Self-Regulatory Organizations; NYSE
MKT LLC; Order Approving Proposed
Rule Change Amending Rules 311—
Equities and 313—Equities To Add
Limited Liability Companies as Eligible
Member Organizations and Delineate
the Information Limited Liability
Companies Must Submit to the
Exchange as Part of the Membership
Process; Eliminate the Requirement
That a Member Corporation Be Created
or Organized, and Maintain Its
Principal Place of Business, in the
United States; and Make Additional
Related Amendments To Update Its
Membership Rules
January 12, 2015.
I. Introduction
On November 12, 2014, NYSE MKT
LLC (the ‘‘Exchange’’ or ‘‘NYSE MKT’’)
filed with the Securities and Exchange
Commission (the ‘‘Commission’’)
pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a
proposal to amend NYSE MKT Rules
311—Equities (‘‘Rule 311’’) and 313—
Equities (‘‘Rule 313’’) to add limited
liability companies (‘‘LLCs’’) to the
types of eligible member organizations
10 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
8 15
U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4(f)(6).
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17:36 Jan 15, 2015
1 15
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2457
and delineate the information LLCs
must submit to the Exchange as part of
the membership process; eliminate the
requirement that a member corporation
be created or organized, and maintain
its principal place of business, in the
United States; and make additional
related amendments to update its
membership rules. The proposed rule
change was published for comment in
the Federal Register on November 28,
2014.3 The Commission received one
comment on the proposal.4 This order
approves the proposed rule change.
II. Description of the Proposal
A. Rule 311
NYSE MKT Rule 311 governs the
formation and approval of member
organizations. The Exchange proposes
to revise Rule 311 to explicitly provide
for LLCs to apply to become member
organizations and eliminate the
requirement that a member corporation
be created or organized, and maintain
its principal place of business, in the
United States.
The Exchange’s membership rules
currently provide for member
organizations to be corporations or
partnerships, but have not explicitly
provided for LLCs.5 The Exchange
proposes to add LLCs to the types of
potential member organizations and
require LLCs to meet the same
requirements currently applicable to
partnerships and corporations set forth
in Rule 311(b). As part of the proposed
revision, the Exchange seeks to add a
new section (4) to Rule 311(b) requiring
every member of an LLC to be a
member, principal executive, or
approved person.6 The Exchange also
proposes to amend current Rule
311(b)(6) to reflect that proposed LLC
member organizations must, like
corporations and partnerships, also
comply with any additional
requirements as the rules of the
Exchange may prescribe. In addition,
the Exchange proposes to add new
Supplementary Material .16 to Rule 311
to specify that LLC applicants for
Exchange membership are subject to
Rule 313.24 regarding the submission of
copies of proposed or existing limited
3 See Securities Exchange Act Release No. 73671
(Nov. 21, 2014), 79 FR 70900 (Nov. 28, 2014)
(‘‘Notice’’).
4 See anonymous comment submitted through the
Commission’s Internet comment form on December
19, 2014.
5 Current Rule 311(f) permits the Exchange to
approve ‘‘entities that have characteristics
essentially similar to corporations, partnerships, or
both’’ as a member organization ‘‘on such terms and
conditions as the Exchange may prescribe.’’
6 Rule 311(b)(2) and (b)(3) currently impose the
same requirement on the relevant control persons
at corporations and partnerships, respectively.
E:\FR\FM\16JAN1.SGM
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Agencies
[Federal Register Volume 80, Number 11 (Friday, January 16, 2015)]
[Notices]
[Pages 2455-2457]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00624]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-74038; File No. SR-C2-2014-028]
Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to Amending Rule 8.2(d)
January 13, 2015.
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 31, 2014, C2 Options Exchange, Incorporated (the
``Exchange'' or ``C2'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange is proposing to remove the registration cost of SPXPM
from Exchange Rule 8.2(d) as this class of options is no longer listed
or traded on the Exchange. The text of the proposed rule change is
provided below.
(additions are italicized; deletions are [bracketed])
* * * * *
C2 Options Exchange, Incorporated
Rules
* * * * *
Rule 8.2. Continuing Market-Maker Registration
(a)-(c) No change.
(d) Market-Maker Option Class Registration. Absent an exemption by
the Exchange, an option class registration of a Market-maker confers
the right to quote in that product. A Market-Maker may change its
registered classes upon advance notification to the Exchange in a form
and manner prescribed by the Exchange.
[[Page 2456]]
Each Trading permit held by a Market-Maker has a registration
credit of 1.0. A Market-Maker may select for each Trading Permit the
Market-Maker holds any combination of option classes, whose aggregate
registration cost does not exceed 1.0. Option class ``registration
costs'' are set forth below:
------------------------------------------------------------------------
Registration
Option class cost
------------------------------------------------------------------------
[SPXPM]................................................... [1.0]
All [other] options....................................... .001
(e) No change.............................................
------------------------------------------------------------------------
* * * * *
The text of the proposed rule change is also 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's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange is proposing to amend its Rule 8.2(d) regarding
registration costs. In the current Exchange Rules, Rule 8.2 describes
the registration process and corresponding registration costs for
Trading Permit Holders (``TPHs'') on C2. Exchange Rule 8.2(d) lists the
registration cost for options classes traded on C2. SPXPM has a
registration cost of 1.0, which requires its own Trading Permit.
However, SPXPM is no longer a class of options that is traded on C2 and
the Exchange is proposing to update Exchange Rule 8.2(d) to reflect
that change and to add clarity to the Exchange Rules.
By way of background, the Exchange was granted permission by the
Commission in 2011 to list and trade Standard & Poor's 500 Index (``S&P
500'') options with third-Friday-of-the-month (``Expiration Friday'')
expiration dates for which the exercise settlement value will be [sic]
based on the index value derived from the closing prices of component
securities (``P.M. settled'') on C2 on a pilot basis.\3\ As a result of
the Commission's approval to list and trade SPXPM options on C2, the
Exchange filed a subsequent rule filing to amend 8.2(d) to include the
registration cost for SPXPM.\4\
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 34-65256 (September
2, 2011), 76 FR 175 [sic] (September 9, 2011) (SR-C2-2011-008)
(order approving listing and trading SPXPM on C2 on a pilot basis);
see also Securities Exchange Act Release No. 34-68888 (February 8,
2013), 78 FR 31 [sic] (February 14, 2013) (SR-CBOE-2012-120) (order
approving listing and trading SPXPM on CBOE on a pilot basis). C2
ceased trading SPXPM on February 19, 2013.
\4\ See Securities Exchange Act Release No. 34-65452 (September
30, 2011), 76 FR 194 [sic] (October 6, 2011) (SR-C2-2011-023)
(immediately effective filing establishing Market-Maker registration
costs for SPXPM options).
---------------------------------------------------------------------------
Pursuant to Exchange Rule 8.2, an option class registration of a
Market-Maker confers the right to quote in that product. Each Trading
Permit held by a Market-Maker has a registration credit of 1.0. A
Market-Maker may select for trading any combination of available option
classes whose aggregate is 1.0 for each Trading Permit held. Since the
Exchange has ceased the listing and trading of SPXPM, the Exchange is
proposing to amend Rule 8.2(d) to delete the language that lists SPXPM
and its registration cost of 1.0. There is no need for the registration
cost of SPXPM to be listed under Rule 8.2(d) as this class of options
is no longer traded on the Exchange. The Exchange is proposing the
proposed change to harmonize the Exchange Rules with the current
practices of the Exchange.
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\5\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \6\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \7\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(5).
\7\ Id.
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In particular, the Exchange believes that the proposed rule filing
will more specifically state the options classes that are traded on C2
and their corresponding registration costs for TPHs. The Exchange
believes the proposed change is consistent with the Act in that it is
merely updating an Exchange Rule to align with the current practices of
the Exchange to avoid confusion with respect to registration costs for
Market-Makers on C2. In addition, the proposed filing is not unfairly
discriminating because SPXPM is no longer traded on C2 and as a result,
the removal of SPXPM from the registration costs provided in 8.2(d)
will be applied to all Market-Makers on C2. Finally, the proposed
filing protects investors and the public interest by relieving
confusion that might otherwise arise by having an obsolete reference in
the CBOE [sic] Rule Book.
B. Self-Regulatory Organization's Statement on Burden on Competition
C2 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. In particular, the Exchange
does not believe that the proposed rule filing will place any burden on
intermarket competition because SPXPM is no longer an option class that
is traded on C2 and thus, the change will be applied equally to all
Market-Makers registered to trade on C2. Additionally, the Exchange
does not believe that the proposed rule filing will place any burden on
intermarket competition because it is merely updating the Exchange
rules to harmonize them with the current practices of the Exchange.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect
[[Page 2457]]
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) \9\ thereunder.
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\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(6).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-C2-2014-028 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-C2-2014-028. 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 will also be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-C2-2014-028 and should be
submitted on or before February 6, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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\10\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-00624 Filed 1-15-15; 8:45 am]
BILLING CODE 8011-01-P