80_FR_44546 80 FR 44403 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Order Granting Approval of Proposed Rule Change To Expire CBOE Volatility Index Options Every Week

80 FR 44403 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Order Granting Approval of Proposed Rule Change To Expire CBOE Volatility Index Options Every Week

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 143 (July 27, 2015)

Page Range44403-44405
FR Document2015-18274

Federal Register, Volume 80 Issue 143 (Monday, July 27, 2015)
[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Notices]
[Pages 44403-44405]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18274]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75501; File No. SR-CBOE-2015-050]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Order Granting Approval of Proposed Rule Change To Expire 
CBOE Volatility Index Options Every Week

July 21, 2015.

I. Introduction

    On June 1, 2015, Chicago Board Options Exchange, Incorporated 
(``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (``Commission''), pursuant to Section 19(b)(1) of the 
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 
thereunder,\2\ a proposed rule change to expire CBOE Volatility Index 
(``VIX'') options every week. The proposed rule change was published 
for comment in the Federal Register on June 12, 2015.\3\ The Commission 
received no comments on the proposed rule change. This order grants 
approval of the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 75120 (June 8, 
2015), 80 FR 33574 (``Notice'').
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II. Description of the Proposed Rule Change

    In February 2006, CBOE began trading options that expire monthly on 
the VIX, which measures a 30-day period of implied volatility. 
Currently, standard VIX options expire once a month. CBOE now proposes 
to expire 30-day VIX options every week. According to CBOE, VIX options 
would continue to trade as they do today and they would be subject to 
all of the same rules that they are subject to today, except as 
proposed to be modified by the proposed rule change.\4\
---------------------------------------------------------------------------

    \4\ See Notice, supra note 3, at 33574.
---------------------------------------------------------------------------

    CBOE notes that, in its capacity as the Reporting Authority, it 
enhanced the VIX Index (cash/spot value) to include P.M.-settled S&P 
500 Index End-of-Week expirations (``SPXWs'') in 2014.\5\ According to 
CBOE, the inclusion of SPXWs allows the VIX Index to be calculated with 
SPX option series that most precisely match the 30-day target timeframe 
for expected volatility that the VIX Index is intended to represent. 
CBOE further states that using SPX options with more than 23 days and 
less than 37 days to expiration ensures that the VIX Index will always 
reflect an interpolation of two points along the S&P 500 Index 
volatility term structure.\6\
---------------------------------------------------------------------------

    \5\ See Notice, supra note 3, at 33574-75. CBOE notes that this 
enhancement did not impact the exercise settlement value for VIX 
options and futures, which continue to use the same VIX Index 
formula and the opening prices of standard (i.e., third Friday 
expiration) S&P 500 Index (``SPX'') option series with 30 days to 
expiration. See id. at 33575, n.5.
    \6\ See Notice, supra note 3, at 33574-75. See also the VIX 
White Paper available at https://www.cboe.com/micro/vix/vixwhite.pdf 
for a detailed description about the VIX Index methodology.
---------------------------------------------------------------------------

    The last trading day for expiring standard VIX options is the 
business day immediately prior to their expiration date. The expiration 
date for VIX options is pegged to the standard (third Friday) SPX 
option expiration in the subsequent month. According to CBOE, the 
expiration date is on the Wednesday that is 30 days prior to the third 
Friday of the calendar month immediately following the month in which 
the VIX option expires.\7\ CBOE (as the Reporting Authority for VIX 
options) calculates the exercise settlement value for expiring VIX 
options on their expiration date.\8\
---------------------------------------------------------------------------

    \7\ See Notice, supra note 3, at 33575. If the Friday in the 
subsequent month is an Exchange holiday this standard Wednesday VIX 
option expiration is changed to be the business day that is thirty 
days prior to the Exchange business day immediately preceding that 
Friday. See id.
    \8\ See CBOE Rule 24.9(a)(5) (setting forth the method of 
determining the day on which the exercise settlement value will be 
calculated for VIX options and determining the expiration date and 
last trading day for VIX options). See also Notice, supra note 3, at 
33575.

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[[Page 44404]]

    The Exchange now proposes to expire VIX options each Wednesday.\9\ 
According to CBOE, the new VIX expirations would be series of the 
existing VIX option class. Similar to the CBOE Short-Term Volatility 
Index (``VXST''),\10\ however, different types of SPX options would be 
used to calculate and settle VIX options. Specifically, CBOE states 
that, as today, the standard (monthly) VIX option expirations would be 
calculated using A.M.-settled SPX options that expire on the third 
Friday in the subsequent month and the period of implied volatility 
covered by these contracts would be exactly 30 days. The new weekly VIX 
option expirations would be calculated using P.M.-settled SPXWs that 
expire in 30 days and the period of implied volatility by these 
contracts would be 30 days, plus 390 minutes.\11\
---------------------------------------------------------------------------

    \9\ CBOE notes that it is currently unable to list weekly VIX 
options under its other weekly option programs because those 
programs require that weekly options expire on Fridays and VIX 
options expire on Wednesdays. See Notice, supra note 3 at 33575, 
n.8.
    \10\ CBOE introduced weekly expiring options on the VXST, which 
measures a nine-day implied volatility period, in 2014. See 
Securities Exchange Act Release No. 71764 (March 21, 2014), 79 FR 
17212 (March 27, 2014) (SR-CBOE-2014-003) (Order Granting Approval 
of Proposed Rule Change to List and Trade CBOE Short-Term Volatility 
Index Options).
    \11\ P.M.-settled, expiring SPXWs stop trading at 3:00 p.m. 
(Chicago time) on their last day of trading. See Rule 24.9(e)(4). 
The additional 390 minutes reflects that these constituent options 
trade for six and a half hours on their expiration date until 3:00 
p.m. (Chicago time).
---------------------------------------------------------------------------

    In order to allow for the weekly expiration of 30-day VIX options, 
CBOE is also proposing to amend its rules relating to volatility index 
options in several ways. CBOE proposes to add new language relating to 
VIX options specifying that the exercise settlement value of a VIX 
option will be calculated on the specific date (usually a Wednesday) 
identified in the option symbol for the series. If that Wednesday or 
the Friday that is 30 days following that Wednesday is an Exchange 
holiday, the exercise settlement value shall be calculated on the 
business day immediately preceding that Wednesday.\12\
---------------------------------------------------------------------------

    \12\ See Notice, supra note 3, at 33575.
---------------------------------------------------------------------------

    CBOE notes that expiring 30-day VIX options weekly would result in 
the Modified Opening Procedures being used more frequently for the 
constituent options series used to calculate the exercise settlement 
values for the proposed new 30-day VIX weekly expirations.\13\
---------------------------------------------------------------------------

    \13\ See id.
---------------------------------------------------------------------------

    The Exchange also proposes to add detailed information about the 
``time to expiration'' input for VIX options volatility index options 
(including standard (monthly) and weekly VIX options) that will be 
used. Specifically, under the proposal, the ``time to expiration'' used 
to calculate the Special Opening Quotation will account for the actual 
number of days and minutes until expiration for the constituent options 
series.\14\
---------------------------------------------------------------------------

    \14\ See id.
---------------------------------------------------------------------------

    The Exchange also notes that it currently is permitted to list up 
to 12 standard (monthly) VIX expirations.\15\ The Exchange proposes to 
retain the ability to list 12 standard (monthly) VIX expirations and 
proposes to permit the Exchange to list up to six weekly expirations in 
VIX options. According to the Exchange, the six weekly expirations 
would be for the nearest weekly expirations from the actual listing 
date and weekly expirations would not be permitted to expire in the 
same week in which standard (monthly) VIX options expire. Standard 
(monthly) expirations in VIX options would not be counted as part of 
the maximum six weekly expirations permitted for VIX options.\16\
---------------------------------------------------------------------------

    \15\ The Exchange calculates the CBOE VVIX Index, which measures 
the expected volatility of the 30-day forward price of the VIX Index 
and is calculated using VIX options. Because CBOE calculates a 
volatility index using VIX options, the Exchange is permitted to 
list up to 12 expirations at any one time for VIX options. See 
Notice, supra note 3, at 33576, n.13.
    \16\ See Notice, supra note 3, at 33576 (providing a chart 
summarizing the maximum listing ability under the proposed rule 
change).
---------------------------------------------------------------------------

    The Exchange notes that currently it may list new series in VIX 
options up to the fifth business day prior to expiration. The Exchange 
proposes to amend CBOE Rule 24.9 to permit new series to be added up to 
and including on the last day of trading for an expiring VIX option 
contract. The Exchange notes that this listing ability is similar to 
the series setting schedule for other types of weekly expirations, 
including VXST options.\17\
---------------------------------------------------------------------------

    \17\ See existing Rule 24.9.01(c). See also Rules 5.5(d)(4) and 
24.9(a)(2)(A)(iv) which permit series to be added up to and 
including on their expiration date for short-term (weekly) options.
---------------------------------------------------------------------------

    Finally, the Exchange proposes to break out VIX options separately 
from other volatility index options under new subparagraph (ii) to CBOE 
Rule 24.9.01(1) and to specify that the interval between strike prices 
for CBOE Volatility Index (VIX) options will be $0.50 or greater where 
the strike price is less than $75, $1 or greater where the strike price 
is $200 or less and $5 or greater where the strike price is more than 
$200.
    The Exchange notes that the strike setting parameters set forth in 
the proposed paragraph are already permitted for VIX options.\18\ The 
Exchange believes that separating VIX options from other volatility 
index options in this section to the CBOE Rulebook would benefit market 
participants since it would be easier to identify the strike setting 
parameters for VIX options by breaking them out as proposed.
---------------------------------------------------------------------------

    \18\ See Rule 24.9(l) and Rule 24.9.12, which permits $0.50 and 
$1 strike price intervals for options that are used to calculate 
volatility indexes. The Exchange calculates the CBOE VVIX Index, 
which measures the expected volatility of the 30-day forward price 
of the VIX Index and is calculated using VIX options.
---------------------------------------------------------------------------

    The Exchange proposes several clarifying changes to the rule titles 
and various subheadings to reflect the substantive changes the Exchange 
is proposing. In addition, the Exchange is proposing various clarifying 
non-substantive changes to ensure consistency and parallel structure 
among various Exchange rules.
    CBOE represents that it has analyzed its capacity and represents 
that it believes the Exchange and the Options Price Reporting Authority 
(``OPRA'') have the necessary systems capacity to handle the additional 
traffic associated with the listing of new series that would result 
from the expiring VIX options weekly. CBOE further notes that because 
the proposal is limited to a single class, the Exchange believes that 
the additional traffic that would be generated from the introduction of 
weekly 30-Day VIX option series would be manageable.

III. Discussion and Commission Findings

    The Commission finds that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder applicable to a national securities exchange.\19\ 
Specifically, the Commission finds that the proposed rule change is 
consistent with Section 6(b)(5) of the Act,\20\ which requires, among 
other things, that the rules of a national securities exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, 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. Specifically, the Commission believes that expiring VIX 
options weekly will

[[Page 44405]]

provide investors with an additional trading and hedging mechanism and 
may provide investors with additional opportunities to manage 30-day 
volatility risk each week.
---------------------------------------------------------------------------

    \19\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. See 15 U.S.C. 78c(f).
    \20\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange has represented that it has many years of history and 
experience in conducting surveillance for volatility index options 
trading to draw from in order to detect manipulative trading in the 
proposed 30-day weekly VIX series.\21\ In approving the proposed weekly 
expiring VIX options, the Commission has also relied on the Exchange's 
representation that it and OPRA have the necessary systems capacity to 
handle the additional traffic associated with the listing of new series 
that would result from the weekly expiration of VIX options.\22\
---------------------------------------------------------------------------

    \21\ See Notice, supra note 3, at 33577.
    \22\ See id.
---------------------------------------------------------------------------

IV. Conclusion

    IT IS THEREFORE ORDERED, pursuant to Section 19(b)(2) of the 
Act,\23\ that the proposed rule change (SR-CBOE-2015-050) be, and 
hereby is, approved.
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    \23\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\24\
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    \24\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-18274 Filed 7-24-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                                         Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices                                                                                  44403

                                              AA–21, Application for Lump-Sum                                             required to obtain benefits. The RRB                                     home should list as types of payments
                                              Death Payment and Annuities Unpaid                                          proposes the following changes to the                                    received or expected to be received to
                                              at Death; AA–21cert, Application                                            forms in the information collection:                                     Item 3.
                                              Summary and Certification; G–131,                                             • Form AA–21—Add clarifying
                                                                                                                                                                                                      • Form G–131—For clarity, add an
                                              Authorization of Payment and Release                                        language to better define who qualifies
                                                                                                                                                                                                   Instructions section and space for the
                                              of All Claims to a Death Benefit or                                         for a child’s annuity and other minor
                                                                                                                                                                                                   RRB to enter the applicant’s name and
                                              Accrued Annuity Payment; and G–273a,                                        editorial changes;
                                                                                                                            • Form G–273a—Add clarifying                                           the waived share amount.
                                              Funeral Director’s Statement of Burial
                                                                                                                          language to Item 2, regarding the total                                     • Form AA–11a—Remove from the
                                              Charges. One response is requested of
                                                                                                                          amount of charges the funeral home                                       information collection due to less than
                                              each respondent. Completion is                                              should enter; and what the funeral                                       10 responses a year.
                                                                                                                     ESTIMATE OF ANNUAL RESPONDENT BURDEN
                                                                                                                                                                                                     Annual              Time                 Burden
                                                                                                               Form No.                                                                            responses           (minutes)              (hours)

                                              AA–21cert (with assistance) ........................................................................................................                        3,500                       20           1,167
                                              AA–21 (without assistance) .........................................................................................................                          200                       40             133
                                              G–131 ..........................................................................................................................................              100                        5               8
                                              G–273a ........................................................................................................................................             4,000                       10             667

                                                    Total ......................................................................................................................................          7,800    ........................        1,975



                                                Additional Information or Comments:                                       of 1934 (‘‘Act’’) 1 and Rule 19b–4                                       calculated with SPX option series that
                                              To request more information or to                                           thereunder,2 a proposed rule change to                                   most precisely match the 30-day target
                                              obtain a copy of the information                                            expire CBOE Volatility Index (‘‘VIX’’)                                   timeframe for expected volatility that
                                              collection justification, forms, and/or                                     options every week. The proposed rule                                    the VIX Index is intended to represent.
                                              supporting material, contact Dana                                           change was published for comment in                                      CBOE further states that using SPX
                                              Hickman at (312) 751–4981 or                                                the Federal Register on June 12, 2015.3                                  options with more than 23 days and less
                                              Dana.Hickman@RRB.GOV. Comments                                              The Commission received no comments                                      than 37 days to expiration ensures that
                                              regarding the information collection                                        on the proposed rule change. This order                                  the VIX Index will always reflect an
                                              should be addressed to Charles                                              grants approval of the proposed rule                                     interpolation of two points along the
                                              Mierzwa, Railroad Retirement Board,                                         change.
                                                                                                                                                                                                   S&P 500 Index volatility term structure.6
                                              844 North Rush Street, Chicago, Illinois                                    II. Description of the Proposed Rule
                                              60611–2092 or emailed to                                                                                                                                The last trading day for expiring
                                                                                                                          Change                                                                   standard VIX options is the business
                                              Charles.Mierzwa@RRB.GOV. Written
                                              comments should be received within 60                                          In February 2006, CBOE began trading                                  day immediately prior to their
                                              days of this notice.                                                        options that expire monthly on the VIX,                                  expiration date. The expiration date for
                                                                                                                          which measures a 30-day period of                                        VIX options is pegged to the standard
                                              Charles Mierzwa,                                                            implied volatility. Currently, standard                                  (third Friday) SPX option expiration in
                                              Chief of Information Resources Management.                                  VIX options expire once a month. CBOE                                    the subsequent month. According to
                                              [FR Doc. 2015–18314 Filed 7–24–15; 8:45 am]                                 now proposes to expire 30-day VIX                                        CBOE, the expiration date is on the
                                              BILLING CODE 7905–01–P                                                      options every week. According to CBOE,                                   Wednesday that is 30 days prior to the
                                                                                                                          VIX options would continue to trade as                                   third Friday of the calendar month
                                                                                                                          they do today and they would be subject
                                                                                                                                                                                                   immediately following the month in
                                                                                                                          to all of the same rules that they are
                                                                                                                                                                                                   which the VIX option expires.7 CBOE
                                              SECURITIES AND EXCHANGE                                                     subject to today, except as proposed to
                                                                                                                          be modified by the proposed rule                                         (as the Reporting Authority for VIX
                                              COMMISSION
                                                                                                                          change.4                                                                 options) calculates the exercise
                                                                                                                             CBOE notes that, in its capacity as the                               settlement value for expiring VIX
                                              [Release No. 34–75501; File No. SR–CBOE–                                                                                                             options on their expiration date.8
                                              2015–050]                                                                   Reporting Authority, it enhanced the
                                                                                                                          VIX Index (cash/spot value) to include
                                              Self-Regulatory Organizations;                                              P.M.-settled S&P 500 Index End-of-
                                                                                                                                                                                                     6 See Notice, supra note 3, at 33574–75. See also
                                              Chicago Board Options Exchange,                                             Week expirations (‘‘SPXWs’’) in 2014.5
                                                                                                                                                                                                   the VIX White Paper available at https://
                                              Incorporated; Order Granting Approval                                       According to CBOE, the inclusion of                                      www.cboe.com/micro/vix/vixwhite.pdf for a
                                              of Proposed Rule Change To Expire                                           SPXWs allows the VIX Index to be                                         detailed description about the VIX Index
                                              CBOE Volatility Index Options Every                                                                                                                  methodology.
                                                                                                                             1 15 U.S.C. 78s(b)(1).
                                              Week                                                                                                                                                   7 See Notice, supra note 3, at 33575. If the Friday
                                                                                                                             2 17 CFR 240.19b–4.                                                   in the subsequent month is an Exchange holiday
                                              July 21, 2015.                                                                 3 See Securities Exchange Act Release No. 75120
                                                                                                                                                                                                   this standard Wednesday VIX option expiration is
                                                                                                                          (June 8, 2015), 80 FR 33574 (‘‘Notice’’).                                changed to be the business day that is thirty days
                                              I. Introduction                                                                4 See Notice, supra note 3, at 33574.
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                                                   prior to the Exchange business day immediately
                                                                                                                             5 See Notice, supra note 3, at 33574–75. CBOE
                                                 On June 1, 2015, Chicago Board                                                                                                                    preceding that Friday. See id.
                                                                                                                          notes that this enhancement did not impact the                             8 See CBOE Rule 24.9(a)(5) (setting forth the
                                              Options Exchange, Incorporated                                              exercise settlement value for VIX options and
                                              (‘‘Exchange’’ or ‘‘CBOE’’) filed with the                                   futures, which continue to use the same VIX Index                        method of determining the day on which the
                                                                                                                          formula and the opening prices of standard (i.e.,                        exercise settlement value will be calculated for VIX
                                              Securities and Exchange Commission                                                                                                                   options and determining the expiration date and
                                                                                                                          third Friday expiration) S&P 500 Index (‘‘SPX’’)
                                              (‘‘Commission’’), pursuant to Section                                       option series with 30 days to expiration. See id. at                     last trading day for VIX options). See also Notice,
                                              19(b)(1) of the Securities Exchange Act                                     33575, n.5.                                                              supra note 3, at 33575.



                                         VerDate Sep<11>2014         18:58 Jul 24, 2015        Jkt 235001       PO 00000        Frm 00081        Fmt 4703       Sfmt 4703       E:\FR\FM\27JYN1.SGM       27JYN1


                                              44404                           Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices

                                                 The Exchange now proposes to expire                   volatility index options (including                     proposed paragraph are already
                                              VIX options each Wednesday.9                             standard (monthly) and weekly VIX                       permitted for VIX options.18 The
                                              According to CBOE, the new VIX                           options) that will be used. Specifically,               Exchange believes that separating VIX
                                              expirations would be series of the                       under the proposal, the ‘‘time to                       options from other volatility index
                                              existing VIX option class. Similar to the                expiration’’ used to calculate the Special              options in this section to the CBOE
                                              CBOE Short-Term Volatility Index                         Opening Quotation will account for the                  Rulebook would benefit market
                                              (‘‘VXST’’),10 however, different types of                actual number of days and minutes until                 participants since it would be easier to
                                              SPX options would be used to calculate                   expiration for the constituent options                  identify the strike setting parameters for
                                              and settle VIX options. Specifically,                    series.14                                               VIX options by breaking them out as
                                              CBOE states that, as today, the standard                    The Exchange also notes that it                      proposed.
                                              (monthly) VIX option expirations would                   currently is permitted to list up to 12                    The Exchange proposes several
                                              be calculated using A.M.-settled SPX                     standard (monthly) VIX expirations.15                   clarifying changes to the rule titles and
                                              options that expire on the third Friday                  The Exchange proposes to retain the                     various subheadings to reflect the
                                              in the subsequent month and the period                   ability to list 12 standard (monthly) VIX               substantive changes the Exchange is
                                              of implied volatility covered by these                   expirations and proposes to permit the                  proposing. In addition, the Exchange is
                                              contracts would be exactly 30 days. The                  Exchange to list up to six weekly                       proposing various clarifying non-
                                              new weekly VIX option expirations                        expirations in VIX options. According to                substantive changes to ensure
                                              would be calculated using P.M.-settled                   the Exchange, the six weekly                            consistency and parallel structure
                                              SPXWs that expire in 30 days and the                     expirations would be for the nearest                    among various Exchange rules.
                                              period of implied volatility by these                    weekly expirations from the actual                         CBOE represents that it has analyzed
                                              contracts would be 30 days, plus 390                     listing date and weekly expirations                     its capacity and represents that it
                                              minutes.11                                               would not be permitted to expire in the                 believes the Exchange and the Options
                                                 In order to allow for the weekly                      same week in which standard (monthly)                   Price Reporting Authority (‘‘OPRA’’)
                                              expiration of 30-day VIX options, CBOE                   VIX options expire. Standard (monthly)                  have the necessary systems capacity to
                                              is also proposing to amend its rules                     expirations in VIX options would not be                 handle the additional traffic associated
                                              relating to volatility index options in                  counted as part of the maximum six                      with the listing of new series that would
                                              several ways. CBOE proposes to add                       weekly expirations permitted for VIX                    result from the expiring VIX options
                                              new language relating to VIX options                     options.16                                              weekly. CBOE further notes that because
                                              specifying that the exercise settlement                     The Exchange notes that currently it                 the proposal is limited to a single class,
                                              value of a VIX option will be calculated                 may list new series in VIX options up                   the Exchange believes that the
                                              on the specific date (usually a                          to the fifth business day prior to                      additional traffic that would be
                                              Wednesday) identified in the option                      expiration. The Exchange proposes to                    generated from the introduction of
                                              symbol for the series. If that Wednesday                                                                         weekly 30-Day VIX option series would
                                                                                                       amend CBOE Rule 24.9 to permit new
                                              or the Friday that is 30 days following                                                                          be manageable.
                                                                                                       series to be added up to and including
                                              that Wednesday is an Exchange holiday,                   on the last day of trading for an expiring              III. Discussion and Commission
                                              the exercise settlement value shall be                   VIX option contract. The Exchange                       Findings
                                              calculated on the business day                           notes that this listing ability is similar
                                              immediately preceding that                                                                                          The Commission finds that the
                                                                                                       to the series setting schedule for other                proposed rule change is consistent with
                                              Wednesday.12                                             types of weekly expirations, including
                                                 CBOE notes that expiring 30-day VIX                                                                           the requirements of the Act and the
                                                                                                       VXST options.17                                         rules and regulations thereunder
                                              options weekly would result in the
                                              Modified Opening Procedures being                           Finally, the Exchange proposes to                    applicable to a national securities
                                              used more frequently for the constituent                 break out VIX options separately from                   exchange.19 Specifically, the
                                              options series used to calculate the                     other volatility index options under new                Commission finds that the proposed
                                              exercise settlement values for the                       subparagraph (ii) to CBOE Rule                          rule change is consistent with Section
                                              proposed new 30-day VIX weekly                           24.9.01(1) and to specify that the                      6(b)(5) of the Act,20 which requires,
                                              expirations.13                                           interval between strike prices for CBOE                 among other things, that the rules of a
                                                 The Exchange also proposes to add                     Volatility Index (VIX) options will be                  national securities exchange be
                                              detailed information about the ‘‘time to                 $0.50 or greater where the strike price                 designed to prevent fraudulent and
                                              expiration’’ input for VIX options                       is less than $75, $1 or greater where the               manipulative acts and practices, to
                                                                                                       strike price is $200 or less and $5 or                  promote just and equitable principles of
                                                9 CBOE notes that it is currently unable to list       greater where the strike price is more                  trade, to remove impediments to and
                                              weekly VIX options under its other weekly option         than $200.                                              perfect the mechanism of a free and
                                              programs because those programs require that                The Exchange notes that the strike
                                              weekly options expire on Fridays and VIX options                                                                 open market and a national market
                                              expire on Wednesdays. See Notice, supra note 3 at
                                                                                                       setting parameters set forth in the                     system and, in general, to protect
                                              33575, n.8.                                                                                                      investors and the public interest.
                                                10 CBOE introduced weekly expiring options on               14 See
                                                                                                                 id.
                                                                                                            15 The
                                                                                                                                                               Specifically, the Commission believes
                                              the VXST, which measures a nine-day implied                         Exchange calculates the CBOE VVIX Index,
                                              volatility period, in 2014. See Securities Exchange      which measures the expected volatility of the 30-       that expiring VIX options weekly will
                                              Act Release No. 71764 (March 21, 2014), 79 FR            day forward price of the VIX Index and is
                                              17212 (March 27, 2014) (SR–CBOE–2014–003)                calculated using VIX options. Because CBOE                18 See Rule 24.9(l) and Rule 24.9.12, which

                                              (Order Granting Approval of Proposed Rule Change         calculates a volatility index using VIX options, the    permits $0.50 and $1 strike price intervals for
                                              to List and Trade CBOE Short-Term Volatility Index       Exchange is permitted to list up to 12 expirations      options that are used to calculate volatility indexes.
                                              Options).                                                at any one time for VIX options. See Notice, supra      The Exchange calculates the CBOE VVIX Index,
tkelley on DSK3SPTVN1PROD with NOTICES




                                                11 P.M.-settled, expiring SPXWs stop trading at        note 3, at 33576, n.13.                                 which measures the expected volatility of the 30-
                                              3:00 p.m. (Chicago time) on their last day of trading.      16 See Notice, supra note 3, at 33576 (providing     day forward price of the VIX Index and is
                                              See Rule 24.9(e)(4). The additional 390 minutes          a chart summarizing the maximum listing ability         calculated using VIX options.
                                              reflects that these constituent options trade for six    under the proposed rule change).                          19 In approving this proposed rule change, the

                                              and a half hours on their expiration date until 3:00        17 See existing Rule 24.9.01(c). See also Rules      Commission has considered the proposed rule’s
                                              p.m. (Chicago time).                                     5.5(d)(4) and 24.9(a)(2)(A)(iv) which permit series     impact on efficiency, competition, and capital
                                                12 See Notice, supra note 3, at 33575.
                                                                                                       to be added up to and including on their expiration     formation. See 15 U.S.C. 78c(f).
                                                13 See id.                                             date for short-term (weekly) options.                     20 15 U.S.C. 78f(b)(5).




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                                                                              Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices                                             44405

                                              provide investors with an additional                     certain sub-advisers without                          Summary of the Application
                                              trading and hedging mechanism and                        shareholder approval and grant relief
                                              may provide investors with additional                    from the Disclosure Requirements as            1. The Adviser will serve as the
                                              opportunities to manage 30-day                           they relate to fees paid to the sub-        investment adviser to the Funds
                                              volatility risk each week.                               advisers.                                   pursuant to an investment advisory
                                                 The Exchange has represented that it                                                              agreement with the Trust (the ‘‘Advisory
                                              has many years of history and                            APPLICANTS: BPV Family of Funds             Agreement’’).1 The Adviser will provide
                                              experience in conducting surveillance                    (the ‘‘Trust’’), a Delaware statutory trust the Funds with continuous and
                                              for volatility index options trading to                  registered under the Act as an open-end comprehensive investment management
                                              draw from in order to detect                             management investment company with          services subject to the supervision of,
                                              manipulative trading in the proposed                     multiple series, and BPV Capital            and policies established by, each Fund’s
                                              30-day weekly VIX series.21 In                           Management, LLC, a Delaware limited         board of trustees (‘‘Board’’). The
                                              approving the proposed weekly expiring                   liability company registered as an          Advisory Agreement permits the
                                              VIX options, the Commission has also                     investment adviser under the                Adviser, subject to the approval of the
                                              relied on the Exchange’s representation                  Investment Advisers Act of 1940             Board, to delegate to one or more sub-
                                              that it and OPRA have the necessary                      (‘‘BPV’’ or the ‘‘Adviser,’’ and,           advisers (each, a ‘‘Sub-Adviser’’ and
                                              systems capacity to handle the                           collectively with the Trust, the            collectively, the ‘‘Sub-Advisers’’) the
                                              additional traffic associated with the                   ‘‘Applicants’’).                            responsibility to provide the day-to-day
                                              listing of new series that would result                  DATES: Filing Dates: The application was portfolio investment management of
                                              from the weekly expiration of VIX                        filed January 8, 2015, and amended on       each Fund, subject to the supervision
                                              options.22                                               June 10, 2015.                              and direction of the Adviser. The
                                                                                                       Hearing or Notification of Hearing: An      primary responsibility for managing the
                                              IV. Conclusion
                                                                                                       order granting the application will be      Funds will remain vested in the
                                                IT IS THEREFORE ORDERED,                                                                           Adviser. The Adviser will hire,
                                                                                                       issued unless the Commission orders a
                                              pursuant to Section 19(b)(2) of the
                                                                                                       hearing. Interested persons may request evaluate, allocate assets to and oversee
                                              Act,23 that the proposed rule change                                                                 the Sub-Advisers, including
                                                                                                       a hearing by writing to the
                                              (SR–CBOE–2015–050) be, and hereby is,                                                                determining whether a Sub-Adviser
                                                                                                       Commission’s Secretary and serving
                                              approved.                                                                                            should be terminated, at all times
                                                                                                       applicants with a copy of the request,
                                                For the Commission, by the Division of                 personally or by mail. Hearing requests     subject to the authority of the Board.
                                              Trading and Markets, pursuant to delegated               should be received by the Commission           2. Applicants request an exemption to
                                              authority.24
                                                                                                       by 5:30 p.m. on August 17, 2015, and        permit the Adviser, subject to Board
                                              Robert W. Errett,                                        should be accompanied by proof of           approval, to hire certain Sub-Advisers
                                              Deputy Secretary.                                        service on the applicants, in the form of pursuant to Sub-Advisory Agreements
                                              [FR Doc. 2015–18274 Filed 7–24–15; 8:45 am]              an affidavit or, for lawyers, a certificate and materially amend existing Sub-
                                              BILLING CODE 8011–01–P                                   of service. Pursuant to rule 0–5 under      Advisory Agreements without obtaining
                                                                                                       the Act, hearing requests should state      the shareholder approval required under
                                                                                                       the nature of the writer’s interest, any    section 15(a) of the Act and rule 18f–2
                                              SECURITIES AND EXCHANGE                                  facts bearing upon the desirability of a    under the Act.2 Applicants also seek an
                                              COMMISSION                                               hearing on the matter, the reason for the exemption from the Disclosure
                                              [Investment Company Act Release No.                      request, and the issues contested.          Requirements to permit a Fund to
                                              31721; 812–14413]                                        Persons who wish to be notified of a        disclose (as both a dollar amount and a
                                                                                                       hearing may request notification by         percentage of the Fund’s net assets): (a)
                                              BPV Capital Management, LLC and                          writing to the Commission’s Secretary.      The aggregate fees paid to the Adviser
                                              BPV Family of Funds; Notice of                           ADDRESSES: Secretary, U.S. Securities       and any Affiliated Sub-Adviser; and (b)
                                              Application                                              and Exchange Commission, 100 F Street the aggregate fees paid to Sub-Advisers
                                              July 21, 2015.
                                                                                                       NE., Washington, DC 20549–1090.             other than Affiliated Sub-Advisers
                                                                                                       Applicants: Michael R. West, BPV            (collectively, ‘‘Aggregate Fee
                                              AGENCY:   Securities and Exchange
                                                                                                       Family of Funds, 9202 South                 Disclosure’’). For any Fund that
                                              Commission (‘‘Commission’’).
                                                                                                       Northshore Drive, Suite 300, Knoxville,     employs an Affiliated Sub-Adviser, the
                                              ACTION: Notice of an application under
                                                                                                       TN 37922; and Jeffrey T. Skinner, Esq.,     Fund will provide separate disclosure of
                                              section 6(c) of the Investment Company                   Kirkpatrick, Townsend & Stockton LLP,
                                              Act of 1940 (‘‘Act’’) for an exemption                   1001 W. Fourth Street, Winston-Salem,         1 Applicants request relief with respect to any
                                              from section 15(a) of the Act and rule                   NC 27101.                                   existing and any future series of the Trust and any
                                              18f–2 under the Act, as well as from                                                                 other registered open-end management company or
                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                              certain disclosure requirements in rule                                                              series thereof that: (a) Is advised by BPV or its
                                                                                                       Emerson S. Davis, Senior Counsel, at        successor or by a person controlling, controlled by,
                                              20a–1 under the Act, Item 19(a)(3) of
                                                                                                       (202) 551–6868, or Daniele Marchesani, or under common control with BPV or its successor
                                              Form N–1A, Items 22(c)(1)(ii),                                                                       (each, also an ‘‘Adviser’’); (b) uses the manager of
                                                                                                       Branch Chief, at (202) 551–6821
                                              22(c)(1)(iii), 22(c)(8) and 22(c)(9) of                                                              managers structure described in the application;
                                                                                                       (Division of Investment Management,
                                              Schedule 14A under the Securities                                                                    and (c) complies with the terms and conditions of
                                                                                                       Chief Counsel’s Office).                    the application (any such series, a ‘‘Fund’’ and
                                              Exchange Act of 1934, and Sections 6–
                                              07(2)(a), (b), and (c) of Regulation S–X                 SUPPLEMENTARY INFORMATION: The              collectively, the ‘‘Funds’’). For purposes of the
                                                                                                       following is a summary of the               requested order, ‘‘successor’’ is limited to an entity
                                              (‘‘Disclosure Requirements’’). The                                                                   that results from a reorganization into another
tkelley on DSK3SPTVN1PROD with NOTICES




                                              requested exemption would permit an                      application. The complete application       jurisdiction or a change in the type of business
                                              investment adviser to hire and replace                   may be obtained via the Commission’s        organization.
                                                                                                       Web site by searching for the file            2 The requested relief will not extend to any Sub-

                                                21 See                                                 number, or an applicant using the           Adviser that is an affiliated person, as defined in
                                                       Notice, supra note 3, at 33577.                                                             section 2(a)(3) of the Act, of a Fund or the Adviser,
                                                22 See id.                                             Company name box, at http://                other than by reason of serving as a sub-adviser to
                                                23 15 U.S.C. 78s(b)(2).                                www.sec.gov/search/search.htm or by         one or more of the Funds (‘‘Affiliated Sub-
                                                24 17 CFR 200.30–3(a)(12).                             calling (202) 551–8090.                     Adviser’’).



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Document Created: 2018-02-23 09:26:51
Document Modified: 2018-02-23 09:26:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 44403 

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