
[Federal Register Volume 76, Number 215 (Monday, November 7, 2011)]
[Notices]
[Pages 68798-68800]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28694]


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SECURITIES AND EXCHANGE COMMISSION


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Adopt a Market-Maker Trade Prevention Order on 
CBOE Stock Exchange

November 1, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on October 28, 2011, the Chicago Board Options Exchange, 
Incorporated (the ``Exchange'' or ``CBOE'') filed with the Securities 
and Exchange Commission (the ``Commission'') the proposed rule change 
as described in Items I and II below, which Items have been prepared by 
the Exchange. The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to adopt a Market-Maker Trade Prevention 
Order on CBOE Stock Exchange (``CBSX''). The text of the proposed rule 
change is available on the Exchange's Web site (http://www.cboe.org/legal), at the Exchange's Office of the Secretary, and at the 
Commission.

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

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of and basis for the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of those statements may be examined at 
the places specified in Item IV below. The Exchange has prepared 
summaries, set forth in sections A, B, and C below, of the most 
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to adopt a Market-Maker Trade Prevention 
(``MMTP'') Order. The proposed MMTP Order is an immediate-or-cancel 
order containing a designation that prevents incoming orders for a 
Market-Maker from executing against resting quotes and orders for the 
same Market-Maker.
    The MMTP Order type designation is intended to prevent a Market-
Maker from trading on both sides of the same transaction. Orders would 
be marked with the MMTP designation on an order-by-order basis. An 
incoming MMTP Order cannot interact with interest resting on the book 
from the same Market-Maker. An MMTP Order that would trade against a 
resting quote or order for the same Market-Maker will be cancelled, as 
will the resting quote or order. The MMTP Order will trade against 
other tradable orders and quotes entered by or on behalf of another 
market participant (other than those entered by or on behalf of the 
same Market-Maker) in accordance with the execution process described 
in Exchange Rule 52.1 (Matching Algorithm/Priority). When available, 
the MMTP Order type will be available for use by all Market-Makers in 
all appointments.
    For example, assume the Exchange's best bid and offer is $1.00-
$1.20, 1000 shares on each side. A Market-Maker marks an order to buy 
1000 shares at $1.20 with the MMTP distinction, making it an MMTP 
Order. The MMTP Order is submitted to the Exchange and it would trade 
with a resting quote from the same Market-Maker for 1000 shares offered 
at $1.20, then both the order to buy and the resting offer quote would 
be canceled. However, if the resting offer quote from the same Market-
Maker was for only 600 shares, then 600 shares from the order to buy 
would be canceled (as would the resting quote), but the other 400 
shares could trade with the resting offer interest of the other market 
participants.
    At this time, the Exchange intends to identify an incoming MMTP 
Order as being for the same Market-Maker if the MMTP Order and resting 
quote or order share any of the following: (1) User acronym, (2) login 
ID, or (3) sub-account code. Each Market-Maker is assigned its own 
acronym (sometimes multiple acronyms). However, a Market-Maker may have 
multiple different login IDs or sub-account codes. A login ID is the 
session through which a Market-Maker routes orders to the Exchange. A 
Market-Maker may elect to use different login IDs to route different 
types of communications to the Exchange. For example, a Market-Maker 
may choose to use login ID 1 for all orders it sends to the 
Exchange and login ID 2 for all quotes it sends to the 
Exchange. Or the Market-Maker may be much more specific, and use 
different login IDs for different types of orders and quotes. A sub-
account code is simply a field on each order or quote that lists the 
account into which a trade clears at the Options Clearing Corporation 
(``OCC''). A Market-Maker may have different sub-account codes for each 
trader it employs, so that the Market-Maker may track each trader's 
activity. Finally, Market-Makers sometimes use different acronyms but 
clear into the same accounts (thereby using the same sub-accounts 
codes).

[[Page 68799]]

    Allowing Market-Makers to designate orders as MMTP Orders is 
intended to allow firms to better manage order flow and prevent 
unwanted executions resulting from the interaction of executable buy 
and sell trading interest for the same Market-Maker, as well as prevent 
the potential for (or appearance of) ``wash sales'' that may occur as a 
result of the velocity of trading in today's high speed marketplace. 
When a Market-Maker is preparing to submit an order, the Market-Maker 
may not know whether or not his order is going to trade against his own 
resting quote. Further, many Market-Makers have multiple connections 
into the Exchange due to capacity- and speed-related demands. Orders 
routed by the same Market-Makers via different connections may, in 
certain circumstances, trade against each other. Finally, the Exchange 
notes that offering the MMTP modifiers will streamline certain 
regulatory functions by reducing false positive results that may occur 
on Exchange-generated wash trading surveillance reports when orders are 
executed by the same Market-Maker. For these reasons, the Exchange 
believes the MMTP Order provides Market-Makers enhanced order 
processing functionality to prevent potentially unwanted trades from 
occurring.
    The proposed rule change is based on rule changes recently proposed 
by the Chicago Board Options Exchange, Inc. (``CBOE'') and C2 Options 
Exchange, Inc. (``C2'').\5\
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    \5\ See Securities Exchange Act Release No. 65379 (September 22, 
2011), 76 FR 60108 (September 28, 2011) (SR-CBOE-2011-079) and 
Securities Exchange Act Release No. 65380 (September 22, 2011) 76 FR 
60102 (September 28, 2011) (SR-C2-2011-017).
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Act \6\ and the rules and regulations thereunder and, in 
particular, the requirements of Section 6(b) of the Act.\7\ 
Specifically, the Exchange believes the proposed rule change is 
consistent with the Section 6(b)(5) \8\ requirements that the rules of 
an exchange be designed to promote just and equitable principles of 
trade, to prevent fraudulent and manipulative acts, to remove 
impediments to and to perfect the mechanism for a free and open market 
and a national market system, and, in general, to protect investors and 
the public interest. The proposed rule change advances these objectives 
by making available to Market-Makers a type of order that will assist 
Market-Makers in preventing unwanted executions against themselves.
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    \6\ 15 U.S.C. 78s(b)(1).
    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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    The proposed rule change is based on rule changes recently proposed 
by the Chicago Board Options Exchange, Inc. (``CBOE'') and C2 Options 
Exchange, Inc. (``C2'').\9\
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    \9\ See Note 5.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any 
burden on competition not necessary or appropriate in furtherance of 
the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants or Others

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

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

    Because the foregoing proposed rule change: (1) Does not 
significantly affect the protection of investors or the public 
interest; (2) does not impose any significant burden on competition; 
and (3) by its terms does not become operative for 30 days after the 
date of this filing, 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) \10\ of the Act and Rule 19b-4(f)(6) 
thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to provide the Commission 
with written notice of its 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) \12\ normally 
may not become operative prior to 30 days after the date of filing. 
However, Rule 19b-4(f)(6)(iii) \13\ permits the Commission to designate 
a shorter time if such action is consistent with the protection of 
investors and the public interest. The Exchange requests that the 
Commission waive the 30-day operative delay, as specified in Rule 19b-
4(f)(6)(iii),\14\ which would make the rule change effective and 
operative upon filing. As indicated above by the Exchange, the MMTP 
Order type is intended to prevent unwanted executions resulting from 
the interaction of executable buy and sell trading interest for the 
same Market-Maker in a manner that is consistent with other markets 
that have similar order types. Further, the Exchange stated that the 
rule is identical to those recently filed by CBOE and C2 (aside from 
CBOE and C2's added rule text for MMTP Orders subject to auction 
processes, which do not exist on C2) \15\ and as a result it believes 
that the proposed rule change does not present any new, unique or 
substantive issues. The Commission believes that waiving the 30-day 
operative delay is consistent with the protection of investors and the 
public interest because such waiver would allow the Exchange to 
implement the order type without delay and may assist with the 
maintenance of orderly markets. Accordingly, the Commission designates 
the proposed rule change operative upon filing with the Commission.
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ Id.
    \15\ See Note 5.
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    At any time within 60 days of the filing of such 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.

 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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-CBOE-2011-102 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-CBOE-2011-102. 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

[[Page 68800]]

post all comments on the Commission's Internet Web site (http://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 a.m. and 3 p.m. Copies of such 
filing also will be available for inspection and copying at the 
principal office of CBOE. All comments received will be posted without 
change; the Commission does not edit personal identifying information 
from submissions. You should submit only information that you wish to 
make available publicly. All submissions should refer to File Number 
SR-CBOE-2011-102 and should be submitted on or before November 28, 
2011.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-28694 Filed 11-4-11; 8:45 am]
BILLING CODE 8011-01-P


