Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to AIM, 43503-43505 [2015-17891]
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Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Notices
No. 1, is consistent with Section 6(b)(5)
of the Act 15 and the rules and
regulations thereunder applicable to a
national securities exchange.
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Exchange Act,
that the proposed rule change (SR–
NYSEArca–2015–25), as modified by
Amendment No. 1, is hereby approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015–17894 Filed 7–21–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–75473; File No. SR–C2–
2015–020]
Self-Regulatory Organizations; C2
Options Exchange, Incorporated;
Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change Relating to AIM
July 16, 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 July 14,
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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The proposed rule change proposes to
amend the Exchange’s rules related to
its Automated Improvement Mechanism
(‘‘AIM’’). The text of the proposed rule
change is provided below.
(additions are italicized; deletions are
[bracketed])
*
*
*
*
*
tkelley on DSK3SPTVN1PROD with NOTICES
C2 Options Exchange, Incorporated
Rules
*
*
*
*
*
. . . Interpretations and Policies:
.01–.02 No change.
.03 Initially, and for at least a Pilot
Period expiring on July 18, 201[5]6,
there will be no minimum size
requirement for orders to be eligible for
the Auction. During this Pilot Period,
the Exchange will submit certain data,
periodically as required by the
Commission, to provide supporting
evidence that, among other things, there
is meaningful competition for all size
orders and that there is an active and
liquid market functioning on the
Exchange outside of the Auction
mechanism. Any raw data which is
submitted to the Commission will be
provided on a confidential basis.
.04–.09 No change.
*
*
*
*
*
The text of the proposed rule change
is also available on the Exchange’s
website (https://www.cboe.com/
AboutCBOE/CBOELegalRegulatory
Home.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
In December 2009, the Securities and
Exchange Commission (the
‘‘Commission’’) approved adoption of
C2’s rules, including the AIM auction
U.S.C. 78f(b)(5).
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
16 17
19:59 Jul 21, 2015
Notwithstanding the provisions of
Rule 6.50, a Participant that represents
agency orders may electronically
execute an order it represents as agent
(‘‘Agency Order’’) against principal
interest or against a solicited order
provided it submits the Agency Order
for execution into the AIM auction
(‘‘Auction’’) pursuant to this Rule.
(a)–(b) No change.
1. Purpose
15 15
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Rule 6.51. Automated Improvement
Mechanism (‘‘AIM’’)
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43503
process.3 AIM exposes certain orders
electronically to an auction process to
provide these orders with the
opportunity to receive an execution at
an improved price. The AIM auction is
available only for orders that a Trading
Permit Holder represents as agent
(‘‘Agency Order’’) and for which a
second order of the same size as the
Agency Order (and on the opposite side
of the market) is also submitted
(effectively stopping the Agency Order
at a given price).4
The Commission approved on a pilot
basis the component of AIM that there
is no minimum size requirement for
orders to be eligible for the auction. In
connection with the pilot programs, the
Exchange has submitted to the
Commission reports providing detailed
AIM auction and order execution data.
The Exchange will provide the
Commission six months of additional
AIM auction and order execution data
for the period of January 1, 2015 to June
30, 2015 no later than January 18, 2016.
The raw data provided will be
submitted on a confidential basis. In
addition, the Exchange will submit
tables summarizing AIM price
improvement statistics for each month
of the January 1, 2015 to June 30, 2015
period. The summary tables will be
made available to the public. Five oneyear extensions to the pilot program
have previously become effective.5 The
proposed rule change merely extends
the duration of the pilot program until
July 18, 2016. Extending the pilot for an
additional year will allow the
Commission more time to consider the
impact of the pilot program on AIM
order executions.
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.6 Specifically,
3 See Securities Exchange Act Release No. 61152
(December 10, 2009), 74 FR 66699 (December 16,
2009) (SR–C2–2011–015) [sic].
4 The Exchange first activated AIM on October 17,
2011 for P.M.-settled options on the S&P 500 Index
(SPXpm), which are no longer listed on the
Exchange. Currently, AIM is not activated for any
classes on C2.
5 See Securities Exchange Act Release Nos. 63238
(November 3, 2010), 75 FR 68844 (November 9,
2010) (SR–C2–2010–008); 64929 (July 20, 2011), 76
FR 44635 (July 26, 2011) (SR–C2–2011–015); 67303
(June 28, 2012), 77 FR 39777 (July 5, 2012) (SR–C2–
2012–021); 69868 (June 27, 2013), 78 FR 40235 (July
3, 2013) (SR–C2–2013–023); and 72569 (July 9,
2014), 79 FR 41337 [sic] (July 15, 2014) (SR–C2–
2014–014).
6 15 U.S.C. 78f(b).
E:\FR\FM\22JYN1.SGM
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43504
Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Notices
the Exchange believes the proposed rule
change is consistent with the Section
6(b)(5) 7 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) 8 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 protects investors and the public
interest by allowing for an extension of
the AIM pilot program, and thus
allowing additional time for the
Commission to evaluate the AIM pilot
program. The AIM pilot program will
continue to allow smaller orders to
receive the opportunity for price
improvement pursuant to the AIM
auction. The additional data provided
will help the Commission determine if
there is evidence of meaningful
competition for all size orders,
significant price improvement for orders
going through the AIM and an active
and liquid market functioning on the
Exchange outside of the AIM Auction.
tkelley on DSK3SPTVN1PROD with NOTICES
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. The Exchange does
not believe the proposed rule change
imposes any burden on intramarket
competition because it applies to all
Trading Permit Holders. All Trading
Permit Holders that submit orders into
an AIM auction are still subject to the
same requirements. In addition, the
Exchange does not believe the proposed
rule change will impose any burden on
intermarket competition, as it merely
extends the duration of an existing pilot
program, which is available to all
market participants through Trading
Permit Holders. AIM will continue to
function in the same manner as it
currently functions for an extended
period of time.
7 15
U.S.C. 78f(b)(5).
8 Id.
VerDate Sep<11>2014
19:59 Jul 21, 2015
Jkt 235001
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
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 9 and
subparagraph (f)(6) of Rule 19b–4
thereunder.10
A proposed rule change filed under
Rule 19b-4(f)(6) 11 normally does not
become operative for 30 days after the
date of filing. However, pursuant to
Rule 19b-4(f)(6)(iii),12 the Commission
may designate a shorter time if such
action is consistent with the protection
of investors and the public interest. The
Exchange requested that the
Commission waive the 30-day operative
delay. The Exchange noted that waiver
of the 30-day operative delay will allow
the Exchange to extend the pilot
program prior to its expiration on July
18, 2015. In addition, the Exchange
believes that waiver of the operative
delay is consistent with the protection
of investors and the public interest
because it will allow for the least
amount of market disruption, as the
pilot program will continue as it
currently does maintaining the status
quo.
The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest, as it
will allow the pilot program to continue
uninterrupted, thereby avoiding any
potential investor confusion that could
result from a temporary interruption in
the pilot program. Therefore, the
Commission designates the proposed
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires the Exchange to give the
Commission written notice of the Exchange’s intent
to file the proposed rule change along with a brief
description and text of 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.
11 17 CFR 240.19b–4(f)(6).
12 17 CFR 240.19b–4(f)(6)(iii).
PO 00000
9 15
10 17
Frm 00119
Fmt 4703
Sfmt 4703
rule change to be operative on July 18,
2015.13
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 shall institute proceedings
to determine whether the proposed rule
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–
C2–2015–020 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–C2–2015–020. 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
13 For purposes only of waiving the operative
delay, the Commission has considered the proposed
rule’s impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
E:\FR\FM\22JYN1.SGM
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Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Notices
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–C2–
2015–020, and should be submitted on
or before August 12, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015–17891 Filed 7–21–15; 08:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–75454; File No. SR–MSRB–
2015–05]
Self-Regulatory Organizations;
Municipal Securities Rulemaking
Board; Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change Consisting of an Amendment
to MSRB Rule G–45, on Reporting of
Information on Municipal Fund
Securities
July 15, 2015.
tkelley on DSK3SPTVN1PROD with NOTICES
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 June 30,
2015, the Municipal Securities
Rulemaking Board (the ‘‘MSRB’’ or
‘‘Board’’) filed with the Securities and
Exchange Commission (the ‘‘SEC’’ or
‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the MSRB. 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 MSRB filed with the Commission
a proposed rule change consisting of an
amendment to MSRB Rule G–45, on
reporting of information on municipal
fund securities (‘‘proposed rule
change’’). The proposed rule change
would delay by 60 days, until October
28, 2015, the date on which the first
submissions must be made pursuant to
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
Rule G–45. The first submissions on
Form G–45 currently are due August 29,
2015. The MSRB proposes an immediate
effectiveness for the proposed rule
change. The proposed rule change
would extend by 60 days the due date
under a previously approved rule for the
first submissions on Form G–45.
The text of the proposed rule change
is available on the MSRB’s Web site at
www.msrb.org/Rules-andInterpretations/SEC-Filings/2015Filings.aspx, at the MSRB’s principal
office, 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
MSRB 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 MSRB 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 MSRB proposes to extend by 60
days until October 28, 2015 the date the
first submissions are due under Rule G–
45 on Form G–45. On February 21,
2014, the Commission approved the
adoption of Rule G–45, on reporting of
municipal fund securities, and
electronic Form G–45, as well as
associated amendments to Rules G–8,
on books and records, and G–9, on
preservation of records.3 The effective
date for that rule change was February
24, 2015. The first submissions under
Rule G–45 are due August 29, 2015,
which is 60 days from the end of the
first reporting period of January 1–June
30, 2015. The purpose of Rule G–45 is
to enable the MSRB to collect reliable
information about 529 college savings
plans (‘‘529 plans’’) solely for regulatory
purposes and to analyze that
information to better understand the
market and the manner in which assets
are invested.
After the SEC’s approval of Rule G–
45 and Form G–45, MSRB staff formed
an industry User Group to develop the
Form G–45 User’s Manual (the
‘‘manual’’), which the rule specifies
14 17
1 15
VerDate Sep<11>2014
19:59 Jul 21, 2015
3 Exchange Act Release No. 71598 (Feb. 21, 2014),
79 FR 11161 (Feb. 27, 2014) (SR–MSRB–2013–04).
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43505
would include technical specifications
for the Form, such as data entry. User
Group members include representatives
from twelve different industry
organizations ranging from
organizations that are involved in the
distribution of multiple 529 plans to
those that participate in the distribution
of interests in only one plan. The range
of expertise of User Group members
includes data services provision and
program management.
The User Group recommended that
underwriters be afforded two methods
of submitting data to the MSRB on Form
G–45—manual submissions through the
MSRB’s Electronic Municipal Market
Access Web site (‘‘EMMA®’’) 4 dataport
web user interface and automated
submissions through a computer-tocomputer (‘‘B2B’’) interface. MSRB staff
was responsive to those
recommendations, and developed the
two interfaces.
In February 2015, the MSRB released
the manual and opened a beta test
environment to assist underwriters with
their submissions. Since that time,
underwriters and industry trade groups
have discussed with MSRB staff the
challenges that underwriters are facing
with programming the data for
submission to the Board on Form G–45.
Their concerns center on the ability to
program automated B2B submissions,
particularly information about
investment options in 529 plans.
529 plans typically offer numerous
investment options with multiple
underlying mutual funds. To gather
adequate information about 529 plans,
Form G–45 requires detailed data about
the various investment options available
in 529 plans. The MSRB understands
that the programming of such
information for a Form G–45 submission
is particularly challenging for
underwriters because the required data
must be collected from multiple
computer systems. While the
programmers for underwriters may be
challenged by meeting the unextended
deadline for the first filings on Form G–
45, after the first B2B filing, the process
would be automated and is expected to
become more routine.
To help ensure that the MSRB
receives reliable, complete and accurate
filings on Form G–45 and to mitigate the
burdens imposed on underwriters that
are making their first submission under
Rule G–45, the MSRB submits this
proposed rule change to extend the date
that the first submissions on Form G–45
are due by 60 days, until October 28,
2015. The proposed rule change would
double the time allowed for
4 EMMA
E:\FR\FM\22JYN1.SGM
is a registered trademark of the MSRB.
22JYN1
Agencies
[Federal Register Volume 80, Number 140 (Wednesday, July 22, 2015)]
[Notices]
[Pages 43503-43505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17891]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-75473; File No. SR-C2-2015-020]
Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to AIM
July 16, 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 July 14, 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\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The proposed rule change proposes to amend the Exchange's rules
related to its Automated Improvement Mechanism (``AIM''). The text of
the proposed rule change is provided below.
(additions are italicized; deletions are [bracketed])
* * * * *
C2 Options Exchange, Incorporated
Rules
* * * * *
Rule 6.51. Automated Improvement Mechanism (``AIM'')
Notwithstanding the provisions of Rule 6.50, a Participant that
represents agency orders may electronically execute an order it
represents as agent (``Agency Order'') against principal interest or
against a solicited order provided it submits the Agency Order for
execution into the AIM auction (``Auction'') pursuant to this Rule.
(a)-(b) No change.
. . . Interpretations and Policies:
.01-.02 No change.
.03 Initially, and for at least a Pilot Period expiring on July 18,
201[5]6, there will be no minimum size requirement for orders to be
eligible for the Auction. During this Pilot Period, the Exchange will
submit certain data, periodically as required by the Commission, to
provide supporting evidence that, among other things, there is
meaningful competition for all size orders and that there is an active
and liquid market functioning on the Exchange outside of the Auction
mechanism. Any raw data which is submitted to the Commission will be
provided on a confidential basis.
.04-.09 No change.
* * * * *
The text of the proposed rule change is also available on the
Exchange's website (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
In December 2009, the Securities and Exchange Commission (the
``Commission'') approved adoption of C2's rules, including the AIM
auction process.\3\ AIM exposes certain orders electronically to an
auction process to provide these orders with the opportunity to receive
an execution at an improved price. The AIM auction is available only
for orders that a Trading Permit Holder represents as agent (``Agency
Order'') and for which a second order of the same size as the Agency
Order (and on the opposite side of the market) is also submitted
(effectively stopping the Agency Order at a given price).\4\
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 61152 (December 10,
2009), 74 FR 66699 (December 16, 2009) (SR-C2-2011-015) [sic].
\4\ The Exchange first activated AIM on October 17, 2011 for
P.M.-settled options on the S&P 500 Index (SPXpm), which are no
longer listed on the Exchange. Currently, AIM is not activated for
any classes on C2.
---------------------------------------------------------------------------
The Commission approved on a pilot basis the component of AIM that
there is no minimum size requirement for orders to be eligible for the
auction. In connection with the pilot programs, the Exchange has
submitted to the Commission reports providing detailed AIM auction and
order execution data. The Exchange will provide the Commission six
months of additional AIM auction and order execution data for the
period of January 1, 2015 to June 30, 2015 no later than January 18,
2016. The raw data provided will be submitted on a confidential basis.
In addition, the Exchange will submit tables summarizing AIM price
improvement statistics for each month of the January 1, 2015 to June
30, 2015 period. The summary tables will be made available to the
public. Five one-year extensions to the pilot program have previously
become effective.\5\ The proposed rule change merely extends the
duration of the pilot program until July 18, 2016. Extending the pilot
for an additional year will allow the Commission more time to consider
the impact of the pilot program on AIM order executions.
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release Nos. 63238 (November 3,
2010), 75 FR 68844 (November 9, 2010) (SR-C2-2010-008); 64929 (July
20, 2011), 76 FR 44635 (July 26, 2011) (SR-C2-2011-015); 67303 (June
28, 2012), 77 FR 39777 (July 5, 2012) (SR-C2-2012-021); 69868 (June
27, 2013), 78 FR 40235 (July 3, 2013) (SR-C2-2013-023); and 72569
(July 9, 2014), 79 FR 41337 [sic] (July 15, 2014) (SR-C2-2014-014).
---------------------------------------------------------------------------
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.\6\ Specifically,
[[Page 43504]]
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \7\ 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) \8\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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\6\ 15 U.S.C. 78f(b).
\7\ 15 U.S.C. 78f(b)(5).
\8\ Id.
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In particular, the proposed rule change protects investors and the
public interest by allowing for an extension of the AIM pilot program,
and thus allowing additional time for the Commission to evaluate the
AIM pilot program. The AIM pilot program will continue to allow smaller
orders to receive the opportunity for price improvement pursuant to the
AIM auction. The additional data provided will help the Commission
determine if there is evidence of meaningful competition for all size
orders, significant price improvement for orders going through the AIM
and an active and liquid market functioning on the Exchange outside of
the AIM Auction.
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. The Exchange does not believe
the proposed rule change imposes any burden on intramarket competition
because it applies to all Trading Permit Holders. All Trading Permit
Holders that submit orders into an AIM auction are still subject to the
same requirements. In addition, the Exchange does not believe the
proposed rule change will impose any burden on intermarket competition,
as it merely extends the duration of an existing pilot program, which
is available to all market participants through Trading Permit Holders.
AIM will continue to function in the same manner as it currently
functions for an extended period of time.
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 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 \9\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\
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\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and text of 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.
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A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\12\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange requested
that the Commission waive the 30-day operative delay. The Exchange
noted that waiver of the 30-day operative delay will allow the Exchange
to extend the pilot program prior to its expiration on July 18, 2015.
In addition, the Exchange believes that waiver of the operative delay
is consistent with the protection of investors and the public interest
because it will allow for the least amount of market disruption, as the
pilot program will continue as it currently does maintaining the status
quo.
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\11\ 17 CFR 240.19b-4(f)(6).
\12\ 17 CFR 240.19b-4(f)(6)(iii).
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The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest, as
it will allow the pilot program to continue uninterrupted, thereby
avoiding any potential investor confusion that could result from a
temporary interruption in the pilot program. Therefore, the Commission
designates the proposed rule change to be operative on July 18,
2015.\13\
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\13\ For purposes only of waiving the operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
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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 shall institute proceedings to
determine whether the proposed rule 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-C2-2015-020 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-C2-2015-020. 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
[[Page 43505]]
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-C2-2015-020, and should be
submitted on or before August 12, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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\14\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-17891 Filed 7-21-15; 08:45 am]
BILLING CODE 8011-01-P