Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Exchange Opening Procedures, 21280-21283 [2015-08795]
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Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices
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[FR Doc. 2015–08920 Filed 4–16–15; 8:45 am]
BILLING CODE 4310–4R–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74718; File No. SR–C2–
2015–006]
Self-Regulatory Organizations; C2
Options Exchange, Incorporated;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change Relating to Exchange Opening
Procedures
tkelley on DSK3SPTVN1PROD with NOTICES
April 13, 2015.
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 April 2,
2015, 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).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
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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
Rule 6.11 to provide additional clarity
regarding the Exchange’s opening
procedures. The text of the proposed
rule change is provided below.
(additions are italicized; deletions are
[bracketed])
*
*
*
*
*
C2 Options Exchange, Incorporated Rules
*
*
*
*
*
Rule 6.11. Openings (and sometimes
Closings)
(a)–(d) No change.
(e) Opening Conditions: Subject to
subparagraph (f) below, the System will not
open a series if one of the following
conditions is met:
(1) There is no quote present in the series;
(2) The opening price is not within an
acceptable range (as determined by the
Exchange) compared to the lowest quote offer
and the highest quote bid;
(3) The opening trade would be at a price
that is not the NBBO; or
(4) The opening trade would leave a market
order imbalance (i.e., there are more market
orders to buy or to sell for the particular
series than can be satisfied by the limit
orders, quotes and market orders on the
opposite side); however, in series that will
open at a minimum price increment (e.g., at
a price of $0.05 or, in penny series, at a price
of $0.01), the System will open even if a sell
market order imbalance exists.
(f) Presence of Opening Conditions:
(1) If the condition in paragraph (e)(1) is
present, the System will check to see if there
is an NBBO quote on another market that
falls within the acceptable opening range. If
such an NBBO quote is present, the series
will open and expose the marketable order(s)
at the NBBO price. If such an NBBO quote
is not present, the System will not open the
series and will send a notification to
Participants indicating the reason.
(2) If the condition in paragraph (e)(2) is
present, the System will match orders and
quotes to the extent possible at a single
clearing price within the acceptable range
and then expose the remaining marketable
order(s) at the widest price point within the
acceptable opening range or the NBBO price,
whichever is better.
(3) If the condition in paragraph (e)(3) is
present, the System will match orders and
quotes to the extent possible at a single
clearing price within the acceptable opening
range or the NBBO price, whichever is better,
and then expose the remaining marketable
order(s) at the NBBO price.
(4) If the condition in paragraph (e)(4) is
present, the System will match orders and
quotes to the extent possible at a single
clearing price and then expose the remaining
marketable order(s) at the widest price point
within the acceptable opening range or the
NBBO price, whichever is better.
(g)—(j) No change.
. . . Interpretations and Policies
.01–.03 No change.
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.04 Opening Auction Exposure: The
Exchange may determine to expose orders at
the opening via auction including under any
of the scenarios described in paragraphs
(f)(1)–(4) above. In such cases, the exposure
process will be conducted via the Hybrid
Agency Liaison (‘‘HAL’’) pursuant to Rule
6.18. Any remaining balance of orders not
executed via HAL on the opening will be
booked at their limit price to the extent
consistent with Rule 6.10 except that any
remaining balance of orders not executed via
HAL on the opening that are priced, or would
be executed at a price, that is not within an
acceptable tick distance from the initial HAL
price will be cancelled. An ‘‘acceptable tick
distance’’ (‘‘ATD’’) shall be determined by
the Exchange on a series-by-series and
premium basis and shall be no less than 2
minimum increment ticks. When the HAL
Opening Auction Exposure procedure is
activated, the ATD will be the same as the
ATD established under Rule 6.17.
*
*
*
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*
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 adopt
Interpretation and Policy .04 to Rule
6.11 relating to the Exchange’s opening
procedures to provide additional clarity
in the Rules regarding the manner in
which marketable orders may be
exposed at the opening of trading.
Specifically, proposed Interpretation
and Policy .04 to Rule 6.11 would
provide that the Exchange may
determine to expose marketable orders
on the opening via the Hybrid Agency
Liaison (‘‘HAL’’) auction procedures
described in Rule 6.18.4 Proposed
4 Such determination as to whether to expose
marketable orders on the opening via the HAL
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Interpretation and Policy .04 to Rule
6.11 would also provide that any
remaining balance of orders not
executed via HAL on the opening will
be booked at their limit price to the
extent consistent with Rule 6.10 5 except
that any remaining balance of orders not
executed via HAL on the opening that
are priced, or would be executed at a
price, that is not within an acceptable
tick distance from the initial HAL price
will be cancelled..[sic] 6 The proposed
Interpretation and Policy is
substantially based, in all material
respects, on the HAL Opening
Procedure set forth in Interpretation and
Policy .03 to Chicago Board Options
Exchange, Incorporated (‘‘CBOE’’) Rule
6.2B (Hybrid Opening System
(‘‘HOSS’’)).
Under the Exchange’s current opening
procedures, pre-opening orders and
quotes and orders resting in the book
from the prior business day are matched
in the Exchange’s automated trading
system (‘‘System’’) at a single clearing
price.7 Bids and offers that cannot be
matched at a single clearing price are
left to rest in the book. Subject to certain
conditions, the System will not open a
series for trading if there are no quotes
in the series, the opening price is not
within an acceptable range (as
determined by the Exchange) compared
to the lowest quote offer and the highest
quote bid 8 or at a price at or within the
auction procedures described in Rule 6.18 would be
made prior to activation and announced via
Regulatory Circular.
5 Notably, certain order types, or portions thereof,
may not, by rule, be booked. See, e.g., Rule 6.10(6)
(Immediate-or-Cancel Order); 6.10(7) (Opening
Rotation Order). Accordingly, under proposed
Interpretation .04 to Rule 6.11, any remaining
balance of orders not executed via HAL on the
opening would be booked at their limit price, but
only to the extent consistent with Rule 6.10.
6 This includes a market order, which cannot be
filled in total. In such cases, the remainder of a
market order would be cancelled when the order
cannot be filled on an away exchange and no quotes
are present on C2.
7 In determining the priority of orders and quotes
to be traded at a single clearing price, the System
gives priority to market orders first, then to limit
orders and quotes whose price is better than the
opening price, and then to limit orders and quotes
at the opening price. See Rule 6.11(g)(1).
8 The Exchange will not automatically execute
eligible orders that are marketable if (1) the width
between the national best bid and national best
offer is not within an acceptable price range (as
determined by the Exchange on a series by series
basis for market orders and/or marketable limit
orders and announced to the Trading Permit
Holders via Regulatory Circular), or (2) the
execution would follow an initial partial execution
on the Exchange and would be at a subsequent
price that is not within an acceptable tick distance
from the initial execution (as determined by the
Exchange on a series by series and premium basis
for market orders and/or marketable limit orders
and announced to the Trading Permit Holders via
Regulatory Circular). The ‘‘acceptable price range’’
(‘‘APR’’) shall be determined by the Exchange on a
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national best bid or offer (‘‘NBBO’’), or
the opening trade would leave an order
imbalance.9 If one of these conditions is
present at the opening, the Exchange
will follow the opening procedures set
forth in Rule 6.11(f) (as described
below) to open trading in the affected
series. Notably, each of the procedures
described in Rule 6.11(f) explicitly
permit the Exchange to expose
marketable orders at the opening of
trading.10
For example, under Rule 6.11(f)(1), if
a marketable order is resting in the book
of a series for which no quotes are
disseminated on the Exchange, the
System will look for another market that
is quoting the NBBO within an
acceptable opening price range. If such
quotes exist, the System will open the
series and expose the marketable order
at the NBBO. If there are no quotes on
C2 and no quotes on any away exchange
that are within the APR for the series,
the System will not open the series and
will send a notification to participants
indicating the reason. Thus, assume that
the NBBO for a particular option is
$1.00–$1.20 for 100 contracts on either
side. The APR in the series is set at
$0.50 above the $0.375 minimum APR
for series with quote bids less than
$2.00. There are no quotes in the series
on C2, but there is a market order to buy
100 contracts in the book. In this case,
the System would verify that the NBBO
quotes on the away exchange were
within the APR for the series (the
midpoint of the NBBO (i.e. $1.00–$1.20)
plus or minus half of the APR (i.e. $0.25
in either direction of the midpoint or
$0.85–$1.35) and, if within the
acceptable opening range (i.e. $1.20 is
within the APR), expose the marketable
buy order at the NBO price of $1.20.
Under Rule 6.11(f)(2), if the opening
price is not within an acceptable range
compared to the lowest quote offer and
highest quote bid, the System will
match orders and quotes to the extent
possible at a single clearing price within
the acceptable range and then expose
the remaining marketable order(s) at the
widest price point within the acceptable
price range or the NBBO price,
whichever is better. For example,
assume that the NBBO for a particular
option is $0.90–$1.50 for 100 contracts
class-by-class basis and shall be no less than: $0.375
between the bid and offer for each option contract
for which the bid is less than $2, $0.60 where the
bid is at least $2 but does not exceed $5, $0.75
where the bid is more than $5 but does not exceed
$10, $1.20 where the bid is more than $10 but does
not exceed $20, and $1.50 where the bid is more
than $20. An ‘‘acceptable tick distance’’ (‘‘ATD’’)
shall be no less than 2 minimum increment ticks.
See Rule 6.17.
9 See Rule 6.11(e).
10 See also Rule 6.11(g)(2).
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21281
on either side. The highest quote bid
and lowest quote offer at C2 are $0.80–
$1.50 each for 100 contracts. Again, the
APR for series in which the quote bid
is less than $2.00 is $0.50 and there is
a customer order in the book to buy 100
contracts at the market price. In this
case, the System would check the
marketable price of $1.50 for the trade
against the APR for the series (i.e. the
midpoint between the highest bid and
lowest offer (i.e. $1.15) plus or minus
half of the APR (i.e. $0.25) or $0.90–
$1.40) and determine that the
marketable price of $1.50 would not be
within the APR. The System would then
expose the order at the widest point
within the APR (i.e. $1.40) or the NBBO
(i.e. $1.50), whichever is better. Thus, in
this case the order would be exposed at
$1.40 (and booked provided there is no
contra interest expressed at $1.40 or
better during the exposure period).
Similarly, Rule 6.11(f)(3) provides
that if the opening trade would be at a
price that is not the NBBO, the System
will match orders and quotes to the
extent possible at a single clearing price
within the APR or the NBBO, whichever
is better, and then expose the remaining
marketable order(s) at the NBBO. For
example, assume that the NBBO for a
particular option is $0.05–$1.25 for 100
contracts on either side. The highest
quote bid and lowest quote offer on C2
are $0.05–$1.75 respectively, each for
100 contracts. Again, because the quote
bid for the series is less than $2.00, the
APR is $0.50. A customer order to buy
100 contracts at the market is resting in
the book. In this case, the System would
be unable to match the market with any
quote (i.e. $1.75) within the APR (i.e.
$1.10 (the midpoint between the highest
bid and lowest offer (i.e. $0.85) plus or
minus half of the APR (i.e. $0.25) or
$0.60–$1.10) or the NBO of $1.25.
Accordingly, the System would expose
the order at the NBO of $1.25.
Finally, if the opening trade would
leave a market order imbalance, the
System will match orders and quotes to
the extent possible at a single clearing
price and then expose the remaining
marketable order(s) at the widest price
point within the APR or the NBBO,
whichever is better pursuant to Rule
6.11(f)(4). For example, assume that the
NBBO for a particular option is $1.00–
$1.20 with quotes for 100 contracts on
each side. The highest quote bid on
CBOE is $1.00 for 100 contracts and
lowest quote offer is $1.20 for 10
contracts. The quote bid being less than
$2.00, the APR is $0.50. There is a
customer order in the book to buy 100
contracts at the market. There are no
other quotes or orders in the book. In
this case, the System would match the
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tkelley on DSK3SPTVN1PROD with NOTICES
orders and quotes at $1.20 (within the
APR of $0.85–$1.35) and allocate 10
contracts according to the matching
algorithm in effect in the class and the
applicable rules. The remaining 90
contracts would then be exposed at the
better of the widest point within the
APR or the NBO (in this case $1.20).
Thus, each of the four scenarios for
permitting the opening of trading in a
series in which one of the four
conditions described in Rule 6.11(e) is
present contemplate exposing
marketable orders at the NBBO (or, if
better, the widest point of the APR).
Although Rule 6.11 expressly permits
exposure of orders on the open, Rule
6.11does not set forth a specific process
by which orders will be exposed or
specify how such orders be handled
after they are exposed.11 While the
Exchange believes that Rule 6.11(g)(2)
makes clear that such exposure may be
via auction,12 the Exchange also
believes that additional detail should be
added to the Rules to further clarify the
auction process on the opening.13
Proposed Interpretation and Policy .04
11 See Rule 6.11(g)(2) providing that all orders
exposed pursuant to Rule 6.11 shall be exposed for
a period of time designated by the Exchange that
does not exceed 1.5 seconds.
12 Under Rule 6.11(g)(2), ‘‘All orders exposed
pursuant to this Rule [6.11 (Openings (and
sometimes closings))] shall be exposed for a period
of time which shall not exceed 1.5 seconds. Once
an exposed order has received a response, a
matching period begins which shall last for a period
of time designated by the Exchange that shall not
exceed 1 second.’’ Accordingly, in context, the
Exchange interprets the term ‘‘expose’’ to mean a
designated period of time in which an interest will
be represented to the trading crowd in an effort to
solicit order responses or contra interests to trade
against (i.e. an auction).
13 When C2 launched, C2RG10–005 announced
that ‘‘upon opening, remaining marketable orders
will be ‘linked,’ with no exposure period, to away
exchanges disseminating better prices.’’ This
‘‘linkage’’ was originally achieved on C2 by
activating the Hybrid Agency Liaison (HAL)
Opening Procedure (HAL–O) functionality (which
incorporates the NBBO calculation and linkage
processing into the opening rotation), but setting
the HAL–O timer to zero and also restricting
Trading Permit Holders (TPHs) from subscribing to
auctions. In July 2011, the Exchange introduced
Complex Order Auctions (COA) on C2. At that time,
the ability for a TPH to subscribe to auctions was
made available. This caused a HAL–O auction
message to be sent to C2 auction subscribers
whenever an order linked away. Additionally, it is
noted that periodically, when systems experience
heavy processing volumes, latency may cause the
auction process to last longer than its prescribed
timer setting of zero. On December 5, 2014, the
following notification was posted to the Exchange’s
System Status Web page, ‘‘During periods of heavy
systems processing at the open, remaining orders
marketable against the NBBO may be exposed for
short periods, generally not to exceed 110 MS. Until
further notice, TPHs should subscribe to the
exposure process to ensure response capabilities
during these times.’’ This filing proposes to remedy
this issue by simply exposing orders at the opening
to an HAL–O auction process not to exceed 1.5
seconds.
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to Rule 6.11 is intended to add this
additional detail in the Rules.
Specifically, the Exchange proposes to
amend Rule 6.11 to include reference to
the Exchange’s HAL procedures. The
Interpretation and Policy would provide
that the Exchange could determine to
expose orders at the opening via auction
including under any of the scenarios
described in paragraphs (f)(1)–(4) above
and that in such cases, the exposure
process would be conducted via HAL
pursuant to Rule 6.18.14 The Exchange
notes that proposed Interpretation and
Policy .04 to Rule 6.11, including this
provision, is substantially similar in all
material respects to Interpretation and
Policy .03 to CBOE Rule 6.2B, setting
forth CBOE’s HAL Opening Procedures.
In addition, the proposed rule would
operate in a manner similar to the HAL
Opening Procedures on CBOE with
respect to the handling of remaining
balances not executed via HAL exposure
and provide that any remaining balance
of orders not executed via HAL on the
opening would be booked except that
any remaining balance of orders not
executed via HAL on the opening will
be booked at their limit price to the
extent consistent with Rule 6.10 except
that any remaining balance of orders not
executed via HAL on the opening that
are priced, or would be executed at a
price, that is not within an acceptable
tick distance from the initial HAL price
will be cancelled. The ‘‘acceptable tick
distance’’ would be determined by the
Exchange on a series-by-series and
premium basis in increments not less
than two minimum increment ticks. If
the HAL Opening Auction Exposure
procedure were activated, the
acceptable tick distance would be the
same as the acceptable tick distance
established under Rule 6.17. This final
provision of the Interpretation and
Policy is consistent with the Exchange’s
Price Check Parameters rules in
Interpretation and Policy .04 to Rule
6.13 and Rule 6.17 and would simply
codify the extension of the Exchange’s
Market-Width and Drill-Through
Parameters to Rule 6.11. These proposed
provisions are substantially similar to
the HAL Opening Procedures set forth
in Interpretation and Policy .03 to CBOE
Rule 6.2B in all material respects other
than they do not provide for manual
handling of orders and in open outcry.
As proposed, the Exchange is seeking
merely to extend the opening order
exposure procedures already in place on
CBOE.15 The Exchange believes that
extending the HAL Opening Procedures
14 See
15 See
note 3 supra.
CBOE Rule 6.2B Interpretation and Policy
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with the Act
and the rules and regulations
thereunder applicable to the Exchange
and, in particular, the requirements of
Section 6(b) of the Act.16 Specifically,
the Exchange believes the proposed rule
change is consistent with the Section
6(b)(5) 17 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) 18 requirement that
the rules of an exchange not be designed
to permit unfair discrimination between
customers, issuers, brokers, or dealers.
In particular, the proposed rule
change is designed to align the
Exchange’s rules with those of CBOE by
extending the procedures of CBOE’s
HAL on the open to C2. The Exchange
believes that extending the HAL
Opening Procedures to C2 is will
provide clarity to the Exchange’s rules
as well as harmonize the procedures of
the two exchanges, ultimately to the
benefit of all market participants. The
Exchange believes the proposed rule
change would serve to further enhance
16 15
17 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
18 Id.
.03.
PO 00000
to C2 is will provide clarity to the
Exchange’s rules as well as harmonize
the procedures of the two exchanges,
ultimately to the benefit of all market
participants. The Exchange believes the
proposed rule change would serve to
further enhance the efficiency of
opening rotations with procedures to
accommodate a process for addressing
opening quotes, acceptable opening
ranges, and market order imbalance
conditions that may occur on the
openings, as well as address NBBO
condition scenarios where the
Exchange’s opening trade might occur at
an improved price rather than routing to
an away market. Moreover, the
Exchange believes that exposing orders
on the open helps facilitate transactions
in securities and is consistent with the
goals of a free and open market and
national market system.
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the efficiency of opening rotations with
procedures to accommodate a process
for addressing opening quotes,
acceptable opening ranges, and market
order imbalance conditions that may
occur on the openings, as well as
address NBBO condition scenarios
where the Exchange’s opening trade
might occur at an improved price rather
than routing to an away market. The
proposed rule change will increase
competition on C2 by providing an
opportunity for market participants to
benefit from additional exposure of
orders and participation in auctions at
the open. Furthermore, the Exchange
believes that exposing orders on the
open helps facilitate transactions in
securities and is consistent with the
goals of a free and open market and
national market system.
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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. The
Exchange does not believe that the
proposed rule change will impose any
burden on intramarket competition that
is not necessary or appropriate in
furtherance of the purposes of the Act
because the proposed change will be
equally applied and will equally affect
all market participants’ orders that
qualify for the HAL function. Moreover,
the Exchange believes that the proposed
rule change will increase competition
amongst exchanges and market
participants. The proposed will expose
allow orders to be exposed to
meaningful price improvement
mechanisms at the opening of trading.
The HAL on the opening procedure will
allow C2 TPHs to compete with quotes
on other exchanges and step up to the
best national prices offered before
orders are linked away. This price
improvement process will not only
ensure that orders on C2 are afforded
the best prices available, but also afford
additional opportunities to C2 TPH to
compete with quotes on away exchanges
at the opening of trading. The Exchange
believes that price improvement
mechanisms increase competition in the
marketplace and increase opportunities
for orders to receive best execution at
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 written comments on the
proposed rule change.
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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
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, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 19 and Rule 19b–4(f)(6)(iii)
thereunder.20
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–
C2–2015–006 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–C2–2015–006. 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
19 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
the proposed rule change at least five business days
prior to the date of filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Exchange has satisfied this
requirement.
20 17
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
21283
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 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–
2015–006 and should be submitted on
or before May 8, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.21
Brent J. Fields,
Secretary.
[FR Doc. 2015–08795 Filed 4–16–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74715; File No. SR–
NYSEArca–2015–24]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending the NYSE Arca
Equities Schedule of Fees and
Charges for Exchange Services To
Provide a Second Way To Qualify for
the Cross-Asset Tier Credit of $0.0030
Per Share for Orders That Provide
Liquidity to the Exchange
April 13, 2015.
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 March
31, 2015, NYSE Arca, Inc. (the
21 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
E:\FR\FM\17APN1.SGM
17APN1
Agencies
[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Notices]
[Pages 21280-21283]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08795]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-74718; File No. SR-C2-2015-006]
Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Exchange Opening Procedures
April 13, 2015.
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 April 2, 2015, 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\ 15 U.S.C. 78a.
\3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend Rule 6.11 to provide additional
clarity regarding the Exchange's opening procedures. The text of the
proposed rule change is provided below. (additions are italicized;
deletions are [bracketed])
* * * * *
C2 Options Exchange, Incorporated Rules
* * * * *
Rule 6.11. Openings (and sometimes Closings)
(a)-(d) No change.
(e) Opening Conditions: Subject to subparagraph (f) below, the
System will not open a series if one of the following conditions is
met:
(1) There is no quote present in the series;
(2) The opening price is not within an acceptable range (as
determined by the Exchange) compared to the lowest quote offer and
the highest quote bid;
(3) The opening trade would be at a price that is not the NBBO;
or
(4) The opening trade would leave a market order imbalance
(i.e., there are more market orders to buy or to sell for the
particular series than can be satisfied by the limit orders, quotes
and market orders on the opposite side); however, in series that
will open at a minimum price increment (e.g., at a price of $0.05
or, in penny series, at a price of $0.01), the System will open even
if a sell market order imbalance exists.
(f) Presence of Opening Conditions:
(1) If the condition in paragraph (e)(1) is present, the System
will check to see if there is an NBBO quote on another market that
falls within the acceptable opening range. If such an NBBO quote is
present, the series will open and expose the marketable order(s) at
the NBBO price. If such an NBBO quote is not present, the System
will not open the series and will send a notification to
Participants indicating the reason.
(2) If the condition in paragraph (e)(2) is present, the System
will match orders and quotes to the extent possible at a single
clearing price within the acceptable range and then expose the
remaining marketable order(s) at the widest price point within the
acceptable opening range or the NBBO price, whichever is better.
(3) If the condition in paragraph (e)(3) is present, the System
will match orders and quotes to the extent possible at a single
clearing price within the acceptable opening range or the NBBO
price, whichever is better, and then expose the remaining marketable
order(s) at the NBBO price.
(4) If the condition in paragraph (e)(4) is present, the System
will match orders and quotes to the extent possible at a single
clearing price and then expose the remaining marketable order(s) at
the widest price point within the acceptable opening range or the
NBBO price, whichever is better.
(g)--(j) No change.
. . . Interpretations and Policies
.01-.03 No change.
.04 Opening Auction Exposure: The Exchange may determine to
expose orders at the opening via auction including under any of the
scenarios described in paragraphs (f)(1)-(4) above. In such cases,
the exposure process will be conducted via the Hybrid Agency Liaison
(``HAL'') pursuant to Rule 6.18. Any remaining balance of orders not
executed via HAL on the opening will be booked at their limit price
to the extent consistent with Rule 6.10 except that any remaining
balance of orders not executed via HAL on the opening that are
priced, or would be executed at a price, that is not within an
acceptable tick distance from the initial HAL price will be
cancelled. An ``acceptable tick distance'' (``ATD'') shall be
determined by the Exchange on a series-by-series and premium basis
and shall be no less than 2 minimum increment ticks. When the HAL
Opening Auction Exposure procedure is activated, the ATD will be the
same as the ATD established under Rule 6.17.
* * * * *
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 adopt Interpretation and Policy .04 to
Rule 6.11 relating to the Exchange's opening procedures to provide
additional clarity in the Rules regarding the manner in which
marketable orders may be exposed at the opening of trading.
Specifically, proposed Interpretation and Policy .04 to Rule 6.11 would
provide that the Exchange may determine to expose marketable orders on
the opening via the Hybrid Agency Liaison (``HAL'') auction procedures
described in Rule 6.18.\4\ Proposed
[[Page 21281]]
Interpretation and Policy .04 to Rule 6.11 would also provide that any
remaining balance of orders not executed via HAL on the opening will be
booked at their limit price to the extent consistent with Rule 6.10 \5\
except that any remaining balance of orders not executed via HAL on the
opening that are priced, or would be executed at a price, that is not
within an acceptable tick distance from the initial HAL price will be
cancelled..[sic] \6\ The proposed Interpretation and Policy is
substantially based, in all material respects, on the HAL Opening
Procedure set forth in Interpretation and Policy .03 to Chicago Board
Options Exchange, Incorporated (``CBOE'') Rule 6.2B (Hybrid Opening
System (``HOSS'')).
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\4\ Such determination as to whether to expose marketable orders
on the opening via the HAL auction procedures described in Rule 6.18
would be made prior to activation and announced via Regulatory
Circular.
\5\ Notably, certain order types, or portions thereof, may not,
by rule, be booked. See, e.g., Rule 6.10(6) (Immediate-or-Cancel
Order); 6.10(7) (Opening Rotation Order). Accordingly, under
proposed Interpretation .04 to Rule 6.11, any remaining balance of
orders not executed via HAL on the opening would be booked at their
limit price, but only to the extent consistent with Rule 6.10.
\6\ This includes a market order, which cannot be filled in
total. In such cases, the remainder of a market order would be
cancelled when the order cannot be filled on an away exchange and no
quotes are present on C2.
---------------------------------------------------------------------------
Under the Exchange's current opening procedures, pre-opening orders
and quotes and orders resting in the book from the prior business day
are matched in the Exchange's automated trading system (``System'') at
a single clearing price.\7\ Bids and offers that cannot be matched at a
single clearing price are left to rest in the book. Subject to certain
conditions, the System will not open a series for trading if there are
no quotes in the series, the opening price is not within an acceptable
range (as determined by the Exchange) compared to the lowest quote
offer and the highest quote bid \8\ or at a price at or within the
national best bid or offer (``NBBO''), or the opening trade would leave
an order imbalance.\9\ If one of these conditions is present at the
opening, the Exchange will follow the opening procedures set forth in
Rule 6.11(f) (as described below) to open trading in the affected
series. Notably, each of the procedures described in Rule 6.11(f)
explicitly permit the Exchange to expose marketable orders at the
opening of trading.\10\
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\7\ In determining the priority of orders and quotes to be
traded at a single clearing price, the System gives priority to
market orders first, then to limit orders and quotes whose price is
better than the opening price, and then to limit orders and quotes
at the opening price. See Rule 6.11(g)(1).
\8\ The Exchange will not automatically execute eligible orders
that are marketable if (1) the width between the national best bid
and national best offer is not within an acceptable price range (as
determined by the Exchange on a series by series basis for market
orders and/or marketable limit orders and announced to the Trading
Permit Holders via Regulatory Circular), or (2) the execution would
follow an initial partial execution on the Exchange and would be at
a subsequent price that is not within an acceptable tick distance
from the initial execution (as determined by the Exchange on a
series by series and premium basis for market orders and/or
marketable limit orders and announced to the Trading Permit Holders
via Regulatory Circular). The ``acceptable price range'' (``APR'')
shall be determined by the Exchange on a class-by-class basis and
shall be no less than: $0.375 between the bid and offer for each
option contract for which the bid is less than $2, $0.60 where the
bid is at least $2 but does not exceed $5, $0.75 where the bid is
more than $5 but does not exceed $10, $1.20 where the bid is more
than $10 but does not exceed $20, and $1.50 where the bid is more
than $20. An ``acceptable tick distance'' (``ATD'') shall be no less
than 2 minimum increment ticks. See Rule 6.17.
\9\ See Rule 6.11(e).
\10\ See also Rule 6.11(g)(2).
---------------------------------------------------------------------------
For example, under Rule 6.11(f)(1), if a marketable order is
resting in the book of a series for which no quotes are disseminated on
the Exchange, the System will look for another market that is quoting
the NBBO within an acceptable opening price range. If such quotes
exist, the System will open the series and expose the marketable order
at the NBBO. If there are no quotes on C2 and no quotes on any away
exchange that are within the APR for the series, the System will not
open the series and will send a notification to participants indicating
the reason. Thus, assume that the NBBO for a particular option is
$1.00-$1.20 for 100 contracts on either side. The APR in the series is
set at $0.50 above the $0.375 minimum APR for series with quote bids
less than $2.00. There are no quotes in the series on C2, but there is
a market order to buy 100 contracts in the book. In this case, the
System would verify that the NBBO quotes on the away exchange were
within the APR for the series (the midpoint of the NBBO (i.e. $1.00-
$1.20) plus or minus half of the APR (i.e. $0.25 in either direction of
the midpoint or $0.85-$1.35) and, if within the acceptable opening
range (i.e. $1.20 is within the APR), expose the marketable buy order
at the NBO price of $1.20.
Under Rule 6.11(f)(2), if the opening price is not within an
acceptable range compared to the lowest quote offer and highest quote
bid, the System will match orders and quotes to the extent possible at
a single clearing price within the acceptable range and then expose the
remaining marketable order(s) at the widest price point within the
acceptable price range or the NBBO price, whichever is better. For
example, assume that the NBBO for a particular option is $0.90-$1.50
for 100 contracts on either side. The highest quote bid and lowest
quote offer at C2 are $0.80-$1.50 each for 100 contracts. Again, the
APR for series in which the quote bid is less than $2.00 is $0.50 and
there is a customer order in the book to buy 100 contracts at the
market price. In this case, the System would check the marketable price
of $1.50 for the trade against the APR for the series (i.e. the
midpoint between the highest bid and lowest offer (i.e. $1.15) plus or
minus half of the APR (i.e. $0.25) or $0.90-$1.40) and determine that
the marketable price of $1.50 would not be within the APR. The System
would then expose the order at the widest point within the APR (i.e.
$1.40) or the NBBO (i.e. $1.50), whichever is better. Thus, in this
case the order would be exposed at $1.40 (and booked provided there is
no contra interest expressed at $1.40 or better during the exposure
period).
Similarly, Rule 6.11(f)(3) provides that if the opening trade would
be at a price that is not the NBBO, the System will match orders and
quotes to the extent possible at a single clearing price within the APR
or the NBBO, whichever is better, and then expose the remaining
marketable order(s) at the NBBO. For example, assume that the NBBO for
a particular option is $0.05-$1.25 for 100 contracts on either side.
The highest quote bid and lowest quote offer on C2 are $0.05-$1.75
respectively, each for 100 contracts. Again, because the quote bid for
the series is less than $2.00, the APR is $0.50. A customer order to
buy 100 contracts at the market is resting in the book. In this case,
the System would be unable to match the market with any quote (i.e.
$1.75) within the APR (i.e. $1.10 (the midpoint between the highest bid
and lowest offer (i.e. $0.85) plus or minus half of the APR (i.e.
$0.25) or $0.60-$1.10) or the NBO of $1.25. Accordingly, the System
would expose the order at the NBO of $1.25.
Finally, if the opening trade would leave a market order imbalance,
the System will match orders and quotes to the extent possible at a
single clearing price and then expose the remaining marketable order(s)
at the widest price point within the APR or the NBBO, whichever is
better pursuant to Rule 6.11(f)(4). For example, assume that the NBBO
for a particular option is $1.00-$1.20 with quotes for 100 contracts on
each side. The highest quote bid on CBOE is $1.00 for 100 contracts and
lowest quote offer is $1.20 for 10 contracts. The quote bid being less
than $2.00, the APR is $0.50. There is a customer order in the book to
buy 100 contracts at the market. There are no other quotes or orders in
the book. In this case, the System would match the
[[Page 21282]]
orders and quotes at $1.20 (within the APR of $0.85-$1.35) and allocate
10 contracts according to the matching algorithm in effect in the class
and the applicable rules. The remaining 90 contracts would then be
exposed at the better of the widest point within the APR or the NBO (in
this case $1.20). Thus, each of the four scenarios for permitting the
opening of trading in a series in which one of the four conditions
described in Rule 6.11(e) is present contemplate exposing marketable
orders at the NBBO (or, if better, the widest point of the APR).
Although Rule 6.11 expressly permits exposure of orders on the
open, Rule 6.11does not set forth a specific process by which orders
will be exposed or specify how such orders be handled after they are
exposed.\11\ While the Exchange believes that Rule 6.11(g)(2) makes
clear that such exposure may be via auction,\12\ the Exchange also
believes that additional detail should be added to the Rules to further
clarify the auction process on the opening.\13\ Proposed Interpretation
and Policy .04 to Rule 6.11 is intended to add this additional detail
in the Rules. Specifically, the Exchange proposes to amend Rule 6.11 to
include reference to the Exchange's HAL procedures. The Interpretation
and Policy would provide that the Exchange could determine to expose
orders at the opening via auction including under any of the scenarios
described in paragraphs (f)(1)-(4) above and that in such cases, the
exposure process would be conducted via HAL pursuant to Rule 6.18.\14\
The Exchange notes that proposed Interpretation and Policy .04 to Rule
6.11, including this provision, is substantially similar in all
material respects to Interpretation and Policy .03 to CBOE Rule 6.2B,
setting forth CBOE's HAL Opening Procedures.
---------------------------------------------------------------------------
\11\ See Rule 6.11(g)(2) providing that all orders exposed
pursuant to Rule 6.11 shall be exposed for a period of time
designated by the Exchange that does not exceed 1.5 seconds.
\12\ Under Rule 6.11(g)(2), ``All orders exposed pursuant to
this Rule [6.11 (Openings (and sometimes closings))] shall be
exposed for a period of time which shall not exceed 1.5 seconds.
Once an exposed order has received a response, a matching period
begins which shall last for a period of time designated by the
Exchange that shall not exceed 1 second.'' Accordingly, in context,
the Exchange interprets the term ``expose'' to mean a designated
period of time in which an interest will be represented to the
trading crowd in an effort to solicit order responses or contra
interests to trade against (i.e. an auction).
\13\ When C2 launched, C2RG10-005 announced that ``upon opening,
remaining marketable orders will be `linked,' with no exposure
period, to away exchanges disseminating better prices.'' This
``linkage'' was originally achieved on C2 by activating the Hybrid
Agency Liaison (HAL) Opening Procedure (HAL-O) functionality (which
incorporates the NBBO calculation and linkage processing into the
opening rotation), but setting the HAL-O timer to zero and also
restricting Trading Permit Holders (TPHs) from subscribing to
auctions. In July 2011, the Exchange introduced Complex Order
Auctions (COA) on C2. At that time, the ability for a TPH to
subscribe to auctions was made available. This caused a HAL-O
auction message to be sent to C2 auction subscribers whenever an
order linked away. Additionally, it is noted that periodically, when
systems experience heavy processing volumes, latency may cause the
auction process to last longer than its prescribed timer setting of
zero. On December 5, 2014, the following notification was posted to
the Exchange's System Status Web page, ``During periods of heavy
systems processing at the open, remaining orders marketable against
the NBBO may be exposed for short periods, generally not to exceed
110 MS. Until further notice, TPHs should subscribe to the exposure
process to ensure response capabilities during these times.'' This
filing proposes to remedy this issue by simply exposing orders at
the opening to an HAL-O auction process not to exceed 1.5 seconds.
\14\ See note 3 supra.
---------------------------------------------------------------------------
In addition, the proposed rule would operate in a manner similar to
the HAL Opening Procedures on CBOE with respect to the handling of
remaining balances not executed via HAL exposure and provide that any
remaining balance of orders not executed via HAL on the opening would
be booked except that any remaining balance of orders not executed via
HAL on the opening will be booked at their limit price to the extent
consistent with Rule 6.10 except that any remaining balance of orders
not executed via HAL on the opening that are priced, or would be
executed at a price, that is not within an acceptable tick distance
from the initial HAL price will be cancelled. The ``acceptable tick
distance'' would be determined by the Exchange on a series-by-series
and premium basis in increments not less than two minimum increment
ticks. If the HAL Opening Auction Exposure procedure were activated,
the acceptable tick distance would be the same as the acceptable tick
distance established under Rule 6.17. This final provision of the
Interpretation and Policy is consistent with the Exchange's Price Check
Parameters rules in Interpretation and Policy .04 to Rule 6.13 and Rule
6.17 and would simply codify the extension of the Exchange's Market-
Width and Drill-Through Parameters to Rule 6.11. These proposed
provisions are substantially similar to the HAL Opening Procedures set
forth in Interpretation and Policy .03 to CBOE Rule 6.2B in all
material respects other than they do not provide for manual handling of
orders and in open outcry.
As proposed, the Exchange is seeking merely to extend the opening
order exposure procedures already in place on CBOE.\15\ The Exchange
believes that extending the HAL Opening Procedures to C2 is will
provide clarity to the Exchange's rules as well as harmonize the
procedures of the two exchanges, ultimately to the benefit of all
market participants. The Exchange believes the proposed rule change
would serve to further enhance the efficiency of opening rotations with
procedures to accommodate a process for addressing opening quotes,
acceptable opening ranges, and market order imbalance conditions that
may occur on the openings, as well as address NBBO condition scenarios
where the Exchange's opening trade might occur at an improved price
rather than routing to an away market. Moreover, the Exchange believes
that exposing orders on the open helps facilitate transactions in
securities and is consistent with the goals of a free and open market
and national market system.
---------------------------------------------------------------------------
\15\ See CBOE Rule 6.2B Interpretation and Policy .03.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\16\ Specifically, the Exchange believes the proposed rule change
is consistent with the Section 6(b)(5) \17\ 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) \18\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------
\16\ 15 U.S.C. 78f(b).
\17\ 15 U.S.C. 78f(b)(5).
\18\ Id.
---------------------------------------------------------------------------
In particular, the proposed rule change is designed to align the
Exchange's rules with those of CBOE by extending the procedures of
CBOE's HAL on the open to C2. The Exchange believes that extending the
HAL Opening Procedures to C2 is will provide clarity to the Exchange's
rules as well as harmonize the procedures of the two exchanges,
ultimately to the benefit of all market participants. The Exchange
believes the proposed rule change would serve to further enhance
[[Page 21283]]
the efficiency of opening rotations with procedures to accommodate a
process for addressing opening quotes, acceptable opening ranges, and
market order imbalance conditions that may occur on the openings, as
well as address NBBO condition scenarios where the Exchange's opening
trade might occur at an improved price rather than routing to an away
market. The proposed rule change will increase competition on C2 by
providing an opportunity for market participants to benefit from
additional exposure of orders and participation in auctions at the
open. Furthermore, the Exchange believes that exposing orders on the
open helps facilitate transactions in securities and is consistent with
the goals of a free and open market and national market system.
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. The Exchange does not
believe that the proposed rule change will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because the proposed change will
be equally applied and will equally affect all market participants'
orders that qualify for the HAL function. Moreover, the Exchange
believes that the proposed rule change will increase competition
amongst exchanges and market participants. The proposed will expose
allow orders to be exposed to meaningful price improvement mechanisms
at the opening of trading. The HAL on the opening procedure will allow
C2 TPHs to compete with quotes on other exchanges and step up to the
best national prices offered before orders are linked away. This price
improvement process will not only ensure that orders on C2 are afforded
the best prices available, but also afford additional opportunities to
C2 TPH to compete with quotes on away exchanges at the opening of
trading. The Exchange believes that price improvement mechanisms
increase competition in the marketplace and increase opportunities for
orders to receive best execution at 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 written 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 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, if consistent with
the protection of investors and the public interest, the proposed rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
\19\ and Rule 19b-4(f)(6)(iii) thereunder.\20\
---------------------------------------------------------------------------
\19\ 15 U.S.C. 78s(b)(3)(A).
\20\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------
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-C2-2015-006 on the subject line.
Paper Comments
Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-C2-2015-006. 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 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-C2-2015-006 and should be
submitted on or before May 8, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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\21\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-08795 Filed 4-16-15; 8:45 am]
BILLING CODE 8011-01-P