[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Notices]
[Pages 69723-69725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27755]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-70875; File No. SR-CBOE-2013-110]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of a Proposed Rule Change To Eliminate
the e-DPM Program
November 14, 2013.
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 November 1, 2013, 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, II, and III 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.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change
The Exchange proposes to eliminate its e-DPM program. The text of
the proposed rule change is available on the Exchange's Web site
(http://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 2004, the Exchange adopted its Electronic DPM (``e-DPM'')
Program (the ``Program''), under which the Exchange has allowed TPHs to
remotely function as a Designated Primary Market-Maker (``DPM'').\3\ e-
DPMs act as specialists on CBOE by entering bids and offers
electronically from locations other than the trading crowds where the
applicable option classes are traded, and are not required to have
traders physically present in the trading crowd. As specialists, e-DPMs
share in the DPM participation right in their allocated classes and
have similar rights and responsibilities to DPMs.
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\3\ For more information on the Program, see Securities Exchange
Act Release Nos. 50003 (July 12, 2004) (SR-CBOE-2004-24) and 49577
(April 19, 2004) (SR-CBOE-2004-17).
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The Exchange has determined that the Program is no longer
competitively necessary; the growing prevalence of Preferred Market-
Maker (``PMM'') routing, which provides a higher participation
entitlement on [sic] for orders on which a Market-Maker is labeled
``preferred'', has rendered the initially-unique tenets of the Program
less relevant and attractive to the e-DPMs. All e-DPMs are PMMs on
orders to which the e-DPM is labeled ``preferred'', and PMMs otherwise
have many similar characteristics as e-DPMs. e-DPMs have similar or
greater quoting obligations as PMMs despite this lower participation
entitlement. On most transactions to which the e-DPM entitlement
applies (if no party is labeled ``preferred'' for that order, or the
party labeled ``preferred'' is not at the NBBO), e-DPMs are only
guaranteed a
[[Page 69724]]
maximum of 15% participation entitlement per order.\4\ However, PMMs
have a maximum of 40% participation entitlement on orders that are
preferred to them.\5\ If an e-DPM is preferred to an order, the e-DPM
is also the PMM and receives the 40% PMM entitlement instead of just
the 15% e-DPM entitlement.\6\ Therefore, e-DPMs only benefit in
circumstances in which an order is not preferred to any party, or the
preferred party is not at the NBBO. However, over 85% of orders that
come into the Exchange are preferred orders. The much greater
participation entitlement for a PMM (40%) provides a much stronger
incentive to quote at the NBBO than the lower (15%) entitlement for e-
DPMs. Therefore, it is more beneficial in nearly all circumstances to
be a PMM than to be an e-DPM.
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\4\ On the vast majority of transactions to which the e-DPM
entitlement applies, there are three or more Market-Makers also
quoting at the Exchange's best bid/offer, which sets the collective
DPM/e-DPM entitlement at 30% (See CBOE Rule 8.87(b)(2)). One-half of
this collective entitlement goes to the e-DPM(s) at the Exchange's
best bid/offer (See CBOE Rule 8.87(b)(3)).
\5\ On the vast majority of transactions to which the PMM
entitlement applies, there are two or more Market-Makers also
quoting at the Exchange's best bid/offer, which sets the PMM
entitlement at 40% (See CBOE Rule 8.13(c)).
\6\ See CBOE Rule 8.87(b)(4).
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The Exchange does not believe that the elimination of the Program
will affect CBOE's market quality. This is because the Exchange does
not expect any Market-Makers to cease doing business on the Exchange
due to the elimination of the Program; instead, the Exchange expects
them all to stay on as Market-Makers and, on an order-by-order basis,
PMMs (as being a PMM is often more beneficial than being an e-DPM
anyway). Also, the Exchange does not require DPMs in every class, but
every class (except SPX) currently has a DPM (and SPX has LMMs instead
of DPMs or e-DPMs). Further, other U.S. options exchanges do not have
programs similar to the Program. As such, the Exchange now proposes to
discontinue the Program, and delete Rules 8.92 (Electronic DPM
Program), 8.93 (e-DPM Obligations) and 8.94 (Review of e-DPM Operations
and Performance), along with all references to the Program, e-DPMs, and
Rules 8.92-8.94, from the CBOE Rules.
The Exchange proposes to eliminate the e-DPM Program because the
Exchange believes that it is almost always redundant with the PMM
program (but much less beneficial than the PMM program) and adds an
unnecessary layer of complexity to CBOE rules, system processes,
matching algorithm and trading procedures. Further, due to this
redundancy (and programs at other exchanges that are similar to the PMM
program \7\), the Exchange does not believe that the e-DPM Program
provides CBOE with any competitive advantage. Moreover, the removal of
the e-DPM complexity will provide the Exchange with more flexibility to
consider other methods of encouraging DPM performance.
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\7\ See NASDAQ OMX PHLX (``PHLX'') Directed Order program,
described in PHLX Rules 1080(l) and 1014(g)(viii).
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Upon approval of this proposed rule change, the Exchange will
announce the impending elimination of the Program via a Regulatory
Circular. This Regulatory Circular will include an end date for the
Program that will be at least two weeks in advance in order for current
e-DPMs to work with the Exchange to determine their preferred courses
of action. The Exchange anticipates that most, if not all, e-DPMs will
remain TPHs on the Exchange in a regular Market-Maker capacity (with
the ability to act as a PMM on an order-by-order basis when they are
preferred on an order) and will not be unduly harmed by the elimination
of the Program (for the reasons described above). e-DPMs that desire to
continue to act as Market-Makers (with the ability to act as a PMM on
an order-by-order basis when they are preferred on an order) will be
informed of the elimination of their e-DPM status and provided the
opportunity to elect to become Market-Makers in those classes to which
they are currently appointed as e-DPMs.
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.\8\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \9\ 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
facilitation 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) \10\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers. The Exchange believes that the
proposed elimination of the Program will not significantly harm market
quality, as current e-DPMs will be able to act as PMMs for orders on
which they are preferred (which is more beneficial anyway). Indeed, the
much greater participation entitlement for a PMM provides a much
stronger incentive to quote at the NBBO than the lower entitlement for
e-DPMs, which provides for narrower spreads. Following the proposed
elimination of the Program, all e-DPMs will still be Market-Makers with
the ability to act as PMMs for orders on which they are preferred. This
will place the former e-DPMs on the same competitive position as PMMs.
Further, other U.S. options exchanges do not have programs similar to
the Program, but do have programs similar to CBOE's PMM program.
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\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(5).
\10\ Id.
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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 that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
that the proposed elimination of the Program will impose an unnecessary
burden on intramarket competition because e-DPMs, who are all also PMMs
(for orders on which they are preferred), will merely be placed in the
same competitive position as PMMs (for orders on which they are
preferred). The Exchange does not believe that the proposed elimination
of the Program will impose an unnecessary burden on intermarket
competition because other U.S. options exchanges do not have programs
similar to the Program (though they do have programs similar to CBOE's
PMM program), and because the elimination of Program only affects e-
DPMs on CBOE.
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.
[[Page 69725]]
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
A. By order approve or disapprove such proposed rule change, or
B. institute proceedings to determine whether the proposed rule
change should be 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 (http://www.sec.gov/rules/sro.shtml ); or
Send an email to [email protected]. Please include
File Number SR-CBOE-2013-110 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-CBOE-2013-110. 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 (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 20549-1090 on official business days between the hours of 10:00 a.m.
and 3:00 p.m. Copies of such filing also will be available for
inspection and copying at the principal offices of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2013-110, and should be
submitted on or before December 11, 2013.
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\11\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-27755 Filed 11-19-13; 8:45 am]
BILLING CODE 8011-01-P